Holmes, Cardozo, And The Legal Realists: Early Incarnations Of Legal Pragmatism And Enterprise Liability,
2013
University of San Diego
Holmes, Cardozo, And The Legal Realists: Early Incarnations Of Legal Pragmatism And Enterprise Liability, Edmund Ursin
San Diego Law Review
The theory of enterprise liability is associated with the tort lawmaking of the liberal California Supreme Court of the 1960s and 1970s. Legal pragmatism, in turn, is associated with the conservative jurist Richard Posner. This Article explains that early incarnations of each can be found in the works of four giants in American law: Justice Oliver Wendell Holmes, Judge—later Justice—Benjamin Cardozo, and the Legal Realists Leon Green and Karl Llewellyn. As will be seen, these scholars and judges shared a common view of the lawmaking role of courts. Stated simply, this shared view was that judges are lawmakers and policy …
Justice Florence Kerins Murray: The Legacy Of A Pioneer In The Rhode Island Courts,
2013
Salve Regina University
Justice Florence Kerins Murray: The Legacy Of A Pioneer In The Rhode Island Courts, Marian M. Desrosiers Ph.D.
Journal of Interdisciplinary Feminist Thought
This essay discusses the professional and personal life of Florence Kerins Murray (1916-2004), a senator and judge, whose career had a profound effect onRhode Islandgovernment, public service, and the judiciary. The author uses twenty oral history interviews conducted by the author from 2007-12 with men and women working in the courts, in state and local governments, in public service organizations, and in the media. The research was funded by a scholar grant from the Rhode Island Council on the Humanities.
For The Times They Are A-Changin': Explaining Voting Patters Of U.S. Supreme Court Justices Through Identification Of Micro-Publics,
2013
Brigham Young University Law School
For The Times They Are A-Changin': Explaining Voting Patters Of U.S. Supreme Court Justices Through Identification Of Micro-Publics, Jeff Yates, Justin Moeller, Brian Levey
Brigham Young University Journal of Public Law
In assessing how social forces may shape U.S. Supreme Court Justices’ decision-making it has been presumed that there is a singular public opinion and that this opinion affects each individual Justice in largely the same fashion. We suggest that it is more likely the case that Justices’ world views are informed and shaped by a myriad of social concerns and group identities upon which the Justices structure and process their experiences and develop and refine their personal schemas. While some have already begun to question the proposition of a monolithic public opinion influence on judicial behavior and have begun to …
Gender And Difference Among Brazilian Lawyers And Judges: Public And Private Practice In The Global Periphery,
2013
University of Sao Carlos
Gender And Difference Among Brazilian Lawyers And Judges: Public And Private Practice In The Global Periphery, Maria Da Gloria Bonelli
Indiana Journal of Global Legal Studies
This article examines the ways in which Brazilian lawyers and judges experience difference. It focuses on how gender and diversity intersect in identity formation among women and men in public and private practice in the state of Sdo Paulo, Brazil. In attempting not to attach one fixed meaning to the concept of difference, the research works with Avtar Brah's typology, which aids in detecting how difference is perceived and experienced by the interviewees. The results provide a look at the specificities of professional practice in the global periphery, comparing the gender composition of law firms and gender stratification within legal …
Religiously Devout Judges: A Decision-Making Framework For Judicial Disqualification,
2013
Indiana University Maurer School of Law
Religiously Devout Judges: A Decision-Making Framework For Judicial Disqualification, Michelle L. Jones
Indiana Law Journal
No abstract provided.
Contrition In The Courtroom: Do Apologies Affect Adjudication?,
2013
Cornell Law School
Contrition In The Courtroom: Do Apologies Affect Adjudication?, Jeffrey J. Rachlinski, Chris Guthrie, Andrew J. Wistrich
Cornell Law Faculty Publications
Apologies usually help to repair social relationships and appease aggrieved parties. Previous research has demonstrated that in legal settings, apologies influence how litigants and juries evaluate both civil and criminal defendants. Judges, however, routinely encounter apologies offered for instrumental reasons, such as to reduce a civil damage award or fine, or to shorten a criminal sentence. Frequent exposure to insincere apologies might make judges suspicious of or impervious to apologies. In a series of experimental studies with judges as research participants, we find that in some criminal settings, apologies can induce judges to be more lenient, but overall, apologizing to …
Interagency Litigation And Article Iii,
2013
Cleveland State University
Interagency Litigation And Article Iii, Joseph Mead
All Maxine Goodman Levin School of Urban Affairs Publications
Agencies of the United States often find themselves on opposite sides of the "v." in disputes ranging from alleged unfair labor practices in federal agencies to competing statutory interpretations to run-of-the mill squabbles over money. Yet Article III's case-or-controversy requirement includes—at a minimum—adverse parties and standing. Courts have disagreed with one another over the extent to which litigation between the sovereign and itself meets Article III standards. Despite the volume of scholarship on Article III standing, relatively little attention has been paid to Article III's requirement of adverse parties in general, or the justiciability of intrabranch litigation in particular. Looking …
Contrition In The Courtroom: Do Apologies Affect Adjudication?,
2013
Vanderbilt University Law School
Contrition In The Courtroom: Do Apologies Affect Adjudication?, Chris Guthrie
Vanderbilt Law School Faculty Publications
Apologies usually help to repair social relationships and appease aggrieved parties. Previous research has demonstrated that in legal settings, apologies influence how litigants and juries evaluate both civil and criminal defendants. Judges, however, routinely encounter apologies offered for instrumental reasons, such as to reduce a civil damage award or fine, or to shorten a criminal sentence. Frequent exposure to insincere apologies might make judges suspicious of or impervious to apologies. In a series of experimental studies with judges as research participants, we find that in some criminal settings, apologies can induce judges to be more lenient, but overall, apologizing to …
Judicial Activism And The Problem Of Induction,
2013
William & Mary Law School
Judicial Activism And The Problem Of Induction, Aaron-Andrew P. Bruhl
Faculty Publications
A comment on Suzanna Sherry’s "Why We Need More Judicial Activism."
The Fixable Flaws Of America's Civil Justice System,
2013
University of Baltimore School of Law
The Fixable Flaws Of America's Civil Justice System, James Maxeiner
All Faculty Scholarship
No abstract provided.
Lower Court Compliance With Supreme Court Remands,
2013
Touro University Jacob D. Fuchsberg Law Center
Lower Court Compliance With Supreme Court Remands, Elise Borochoff
Touro Law Review
No abstract provided.
Technically Speaking, Does It Matter? An Empirical Study Linking The Federal Circuit Judges' Technical Backgrounds To How They Analyze The Section 112 Enablement And Written Description Requirements,
2013
Chicago-Kent College of Law
Technically Speaking, Does It Matter? An Empirical Study Linking The Federal Circuit Judges' Technical Backgrounds To How They Analyze The Section 112 Enablement And Written Description Requirements, Dunstan H. Barnes
Chicago-Kent Law Review
Patent cases are decided exclusively by federal judges, who—unlike patent attorneys appearing before the United States Patent and Trademark Office—are not required to have any scientific or technical qualifications. The present empirical study explores whether there is a correlation between the technical backgrounds of judges on the United States Court of Appeals for the Federal Circuit and these judges’ analysis of the enablement and written description patent requirements under 35 U.S.C. § 112. The results indicate that Federal Circuit judges with technical backgrounds are more likely than their non-technical peers to reverse lower courts, but not significantly more likely to …
The Role Of Courts In "Making" Law In Japan: The Communitarian Conservatism Of Japanese Judges,
2013
University of Washington School of Law
The Role Of Courts In "Making" Law In Japan: The Communitarian Conservatism Of Japanese Judges, John O. Haley
Washington International Law Journal
Professor Haley is an outstanding international and comparative law scholar, widely credited with having popularized Japanese legal studies in the United States. In 1969, Haley received a fellowship from the University of Washington and was in one of the first classes to graduate from the Asian Law Program, now, the Asian Law Center. After working for several years in law firms in Japan, he joined the law faculty at the University of Washington, where he remained for nearly twenty-six years during which time he directed the Asian and Comparative Law Program. In June 2012, Professor Haley was awarded The Order …
The Small Claims Court: Justice For The Poor Or Convenience For The Businessman,
2013
Pepperdine University
The Small Claims Court: Justice For The Poor Or Convenience For The Businessman, Charles T. Eye
Pepperdine Law Review
No abstract provided.
Judges “On The Take:” A Formula For Financial Security ,
2013
Pepperdine University
Judges “On The Take:” A Formula For Financial Security , Harry A. Halkowich
Pepperdine Law Review
No abstract provided.
Earl Warren, The Warren Court And Civil Liberties ,
2013
Pepperdine University
Earl Warren, The Warren Court And Civil Liberties , Steven J. Simmons
Pepperdine Law Review
No abstract provided.
Book Review: The Judicial Record Of Justice William O. Douglas,
2013
Pepperdine University
Book Review: The Judicial Record Of Justice William O. Douglas, Duane Faw
Pepperdine Law Review
No abstract provided.
Supreme Court Institute Annual Report, 2012-2013,
2013
Georgetown University Law Center
Supreme Court Institute Annual Report, 2012-2013, Georgetown University Law Center, Supreme Court Institute
SCI Papers & Reports
During the 2012-2013 academic year–corresponding to the U.S. Supreme Court’s October Term (OT) 2012–the Supreme Court Institute (SCI) provided moot courts for advocates in 100% of the cases heard by the Court this Term, offered a variety of programs related to the Supreme Court, and hosted several delegations of foreign visitors. A list of all SCI moot courts held in OT 2012–arranged by argument sitting and date of moot and including the name and affiliation of each advocate and the number of student observers–follows the narrative portion of this report.
Statement Of The Association Of Administrative Law Judges, Inc.,
2013
Pepperdine University
Statement Of The Association Of Administrative Law Judges, Inc., Officers And Board
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Hearings: State Central Panels In The 1990s,
2013
Pepperdine University
Administrative Hearings: State Central Panels In The 1990s, Allen Hoberg
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
