Reporte Sobre El Funcionamiento De La Reforma A La Justicia Laboral En Chile, 2013 Universidad Diego Portales
Reporte Sobre El Funcionamiento De La Reforma A La Justicia Laboral En Chile, Ricardo Lillo, Eduardo Alcaíno
Ricardo Lillo
En primer lugar se destaca el tiempo de duración de los procesos, aspecto central que buscó modificar la reforma la justicia laboral, dando cuenta de los tiempos promedio, duración por tipos de términos y por materia, las causas o factores que han influido en el cumplimiento este objetivo y algunos aspectos problemáticos que han sido identificados sobre la situación de la ejecución en materia laboral y en la resolución de los recursos presentados ante la Corte de Apelaciones de Santiago. Luego, un segundo acápite se focaliza en el mayor acceso a la justicia que la reforma trajo consigo, particularmente con …
De Los Principios Constitucionales Al Activismo Judicial. El Voto De Minoría En El Caso "Municipalidad De Pucón", 2013 Universidad del Desarrllo
De Los Principios Constitucionales Al Activismo Judicial. El Voto De Minoría En El Caso "Municipalidad De Pucón", Sergio Verdugo Sverdugor@Udd.Cl, José Francisco García
Sergio Verdugo R.
No abstract provided.
E-Discovery Issues, 2013 California Superior Court (San Francisco)
E-Discovery Issues, Curtis E.A. Karnow
Curtis E.A. Karnow
Bullet point outline of e-discovery issues
Correcting The Supreme Court – Will It Listen? Using The Models Of Judicial Decision-Making To Predict The Future Of The Ada Amendments Act, 2013 Nova Southeastern University
Correcting The Supreme Court – Will It Listen? Using The Models Of Judicial Decision-Making To Predict The Future Of The Ada Amendments Act, Kate Webber
Kate Webber
No abstract provided.
The Limits Of Debate Or What We Talk About When We Talk About Gender Imbalance On The Bench, 2013 Syracuse University
The Limits Of Debate Or What We Talk About When We Talk About Gender Imbalance On The Bench, Keith Bybee
Keith J. Bybee
What do we talk about when we talk about gender imbalance on the bench? The first thing we do is keep track of the number of female judges. Once the data has been gathered, we then argue about what the disparity between men and women in the judiciary means. These arguments about meaning are not freestanding. On the contrary, I claim that debates over gender imbalance occur within the context of a broader public debate over the nature of judicial decisionmaking. I argue that this public debate revolves around dueling conceptions of the judge as impartial arbiter and as politically …
The Coming Constitutional Yo-Yo? Elite Opinion, Polarization, And The Direction Of Judicial Decision Making, 2013 University of Maryland Francis King Carey School of Law
The Coming Constitutional Yo-Yo? Elite Opinion, Polarization, And The Direction Of Judicial Decision Making, Mark A. Graber
Faculty Scholarship
This Article offers a more sophisticated account of elite theory that incorporates the crucial insights underlying claims that Justices with life tenure will protect minority rights and claims that the Supreme Court follows the election returns. Put simply, the direction of judicial decision making at a given time reflects the views of the most affluent and highly educated members of the dominant national coalition. The values that animate the elite members of the dominant national coalition help explain the direction of judicial decision making for the last eighty years. During the mid-twentieth century, most Republican and Democratic elites held more …
The Practical Implications Of Recusal Of Supreme Court Justices: A Response To Professor Swisher, 2013 University of Maryland Francis King Carey School of Law
The Practical Implications Of Recusal Of Supreme Court Justices: A Response To Professor Swisher, Steven M. Klepper
Maryland Law Review Online
No abstract provided.
Supreme Court Of The United States, October Term 2013 Preview, 2013 Georgetown University Law Center
Supreme Court Of The United States, October Term 2013 Preview, Georgetown University Law Center, Supreme Court Institute
Supreme Court Overviews
No abstract provided.
The Law And Science Of Video Game Violence: What Was Lost In Translation?, 31 Cardozo Arts & Ent. L.J. 297 (2013), 2013 John Marshall Law School
The Law And Science Of Video Game Violence: What Was Lost In Translation?, 31 Cardozo Arts & Ent. L.J. 297 (2013), William K. Ford
UIC Law Open Access Faculty Scholarship
"[A]s a general rule," writes Pulitzer Prize-winning journalist Edward Humes, "courts don't do science very well."' Susan Haack, a professor of law and philosophy, elaborates on why this may be true, offering several reasons for "deep tensions" between science and law. The reasons offered by Haack may be less of a concern where the dispute involves litigation against the government on significant questions of public policy. Recent decisions assessing the constitutionality of laws restricting minors' access to violent video games therefore offer an opportunity to examine how well the courts handled scientific evidence in a situation lacking some of the …
Supreme Court Leaks And Recusals: A Response To Professor Steven Lubet’S Scotus Ethics In The Wake Of Nfib V. Sebelius, 47 Val. U. L. Rev. 925 (2013), 2013 John Marshall Law School
Supreme Court Leaks And Recusals: A Response To Professor Steven Lubet’S Scotus Ethics In The Wake Of Nfib V. Sebelius, 47 Val. U. L. Rev. 925 (2013), Kevin Hopkins
UIC Law Open Access Faculty Scholarship
As Professor Steven Lubet notes in his article, Stonewalling, Leaks, and Counter-Leaks: SCOTUS Ethics in the Wake of NFIB v. Sebelius, the ethical conduct of Supreme Court Justices has once again gained national attention. This time, however, the context for public outcry is due to actions of an in-house source who released confidential information to a member of the press concerning the voting behavior and the overall sentiments of members of the Court's minority in one of the most significant and controversial rulings of the year: NFIB v. Sebelius (the "Affordable Care Act"). Professor Lubet uses this leaking of significant …
Salvaging The 2013 Federal Law Clerk Hiring Season, 2013 University of Richmond
Salvaging The 2013 Federal Law Clerk Hiring Season, Carl W. Tobias
Law Faculty Publications
Ten years ago, the judiciary instituted the Federal Law Clerk Hiring Plan, an employment system meant to regularize hiring in which most circuit and district court jurists voluntarily participated. Throughout the succeeding decade, this process operated effectively for innumerable trial judges, but functioned less well for appellate jurists. In early 2013, the U.S. Court of Appeals for the District of Columbia Circuit revealed that all its members "will hire law clerks at such times as each individual judge determines to be appropriate," concomitantly explaining "the plan is [apparently] no longer working." With these statements, the D.C. Circuit explicitly acknowledged what …
Tips For Capturing 2014 Federal Court Clerkships, 2013 University of Richmond
Tips For Capturing 2014 Federal Court Clerkships, Carl W. Tobias
Law Faculty Publications
Now is a perfect moment for analyzing 2014 clerkships because law students across the country have completed their productive summer employment and are poised to commence their final year. Below are ideas which could help aspirants secure those coveted positions that start during next August.
"Gray Zone" Constitutionalism And The Dilemma Of Judicial Independence In Pakistan, 2013 Vanderbilt University Law School
"Gray Zone" Constitutionalism And The Dilemma Of Judicial Independence In Pakistan, Anil Kalhan
Vanderbilt Journal of Transnational Law
Many countries exist in a "gray zone" between authoritarianism and democracy. For countries in this conceptual space--which is particularly relevant today given the halting path of change in the Arab world--scholars, judges, and rule of law activists conventionally urge an abstract notion of' judicial independence" as a prerequisite for successful democratic transition. Only recently, for example, Pakistan's judiciary was widely lauded for its "independence" in challenging the military regime. However, judicial independence is neither an all-or-nothing concept nor an end in itself. With the return of civilian rule in Pakistan, a series of clashes between Parliament and the Supreme Court …
Jewish Identity And Judging: Seymour Simon Of Illinois, 2013 Boston University School of Law
Jewish Identity And Judging: Seymour Simon Of Illinois, Jack M. Beermann
Loyola University Chicago Law Journal
No abstract provided.
The Epistemological Trend In The Evolution Of The Law Of Expert Testimony: A Scrutiny At Once Broader, Narrower, And Deeper, 2013 University of California, Davis
The Epistemological Trend In The Evolution Of The Law Of Expert Testimony: A Scrutiny At Once Broader, Narrower, And Deeper, Edward J. Imwinkelried
Georgia Law Review
The thesis of this Article is that we are moving toward a
fundamentally epistemological approach to determining
the admissibility of expert testimony. The first part of the
Article notes that while many Frye jurisdictions exempted
soft science and nonscientific expertise, the Daubert line of
authority mandates that like an epistemologist, a trial
judge examine knowledge claims by any expert. The
second part addresses the question of the breadth of the
judge's analysis. The second part points out that under
the marketplace and general acceptance tests, courts
sometimes conducted a global analysis and inquired
generally whether the discipline itself was recognized …
Summary Judgment In Employment Discrimination Cases: A Judge’S Perspective, 2013 U.S. District Judge for the Southern District of New York
Summary Judgment In Employment Discrimination Cases: A Judge’S Perspective, Hon. Denny Chin
NYLS Law Review
No abstract provided.
Minding The Court: Enhancing The Decision-Making Process, 2013 University of Missouri - Kansas City, School of Law
Minding The Court: Enhancing The Decision-Making Process, Pamela Casey, Kevin Burke, Steve Leben
Faculty Works
A compelling and growing body of research from the fields of cognitive psychology and neuroscience provides important insights about how we process information and make decisions. This research has great potential significance for judges, who spend much of their time making decisions of great importance to others. For most judges, this research literature is not part of their judicial education. This article reviews cutting edge research about decision making and discusses its implications for helping judges and those who work with them produce fair processes and just outcomes. It builds on a 2007 American Judges Association paper that encouraged judges …
Rethinking Critical Mass In The Federal Appellate Courts., 2013 University of Louisville
Rethinking Critical Mass In The Federal Appellate Courts., Laura Moyer
Faculty Scholarship
This article draws from critical mass studies of gender in other political institutions to inform an application to the US Courts of Appeals. The results demonstrate the utility of considering court-level aspects of diversity. As mixed-sex panels become more common within a circuit, both male and female judges increasingly support plaintiffs in civil rights claims, though the magnitude of the effect is larger for women. The presence of a female chief judge is also positively associated with pro-plaintiff decisions by men and women in sex discrimination cases.
Senate Gridlock And Federal Judicial Selection, 2013 University of Richmond
Senate Gridlock And Federal Judicial Selection, Carl W. Tobias
Law Faculty Publications
One crucial locus of gridlock is appointments to the United States Courts of Appeals, which have grown extremely contentious, as the circuits resolve disputes about controversial issues and can effectively be tribunals of last resort for designated areas. Continuous Republican and Democratic charges, recriminations, and divisiveness have roiled the process for decades. The bench constitutes 179 judgeships; however, seventeen remained vacant at President Barack Obama's second inauguration notwithstanding his pledge to end the "confirmation wars" by assiduously consulting senators. Laboring without ten percent of the appellate court members subverts prompt, inexpensive and fair case disposition and undermines citizen respect for …
Speech, 2013 University of Maryland Francis King Carey School of Law