Refining The Reasonable Apprehension Of Bias Test:
Providing Judges Better Tools For Addressing Judicial
Disqualification,
2013
University of New Brunswick
Refining The Reasonable Apprehension Of Bias Test: Providing Judges Better Tools For Addressing Judicial Disqualification, Jula Hughes, Dean Philip Bryden
Dalhousie Law Journal
Despite a considerable amount of litigation concerning judicial impartiality, the Canadian "reasonable apprehension of bias" test for judicial disqualification has remained fundamentally unaltered and is well accepted in the jurisprudence. Unfortunately, the application of the test continues to generate difficulties for judges who need to use it to make decisions in marginal cases. Based on previously published doctrinal and empirical research, the goal in the present contribution is to suggest modifications to the test that will better explain the existing jurisprudence and make it easier for judges to understand when recusal is or is not necessary in marginal cases. The …
Making Civility Mandatory: Moving From Aspired To Required,
2013
Ave Maria School of Law
Making Civility Mandatory: Moving From Aspired To Required, David A. Grenardo
Cardozo Public Law, Policy & Ethics Journal
The article advocates for the adoption of mandatory civility rules in all state bars, emphasizing that voluntary codes and oaths are insufficient to address incivility among attorneys. It argues that mandatory civility is essential for the efficient administration of justice, public confidence in the legal system, and the integrity of the legal profession. The author proposes specific rules promoting courteous communication, honesty, and respect, aligning with existing professional conduct standards. The article concludes that mandatory civility, supported by education and consistent enforcement, is crucial for maintaining professionalism and fairness in the legal system.
Judges And Their Emotions,
2013
Vanderbilt University Law School
Judges And Their Emotions, Terry A. Maroney
Vanderbilt Law School Faculty Publications
In a contribution to this Symposium on Law and Emotion: Re-Envisioning Family Law, Phillip Shaver and his co-authors succinctly encapsulate contemporary psychological theory on interpersonal attachment -- primarily parent-child attachment and its role in creating lifelong attachment patterns -- and seek to outline the relevance of such research for both social policy and law. This Comment demonstrates that many areas of family law already seek to cultivate and reward attachment. But attachment is not and cannot be the sole-or even, perhaps, the most important-factor driving most legal determinations. Recognizing the importance of secure attachment does not answer difficult questions about …
Justice Brennan: Legacy Of A Champion,
2013
Indiana University Maurer School of Law
Justice Brennan: Legacy Of A Champion, Dawn Johnsen
Michigan Law Review
During the 1980s, when the Court's approval rating was relatively high, commentators from both ends of the ideological spectrum remarked on the importance of Justices' values and views, and bemoaned the public's utter lack of attention to the Court and judicial appointments. President Ronald Reagan's Department of Justice prefaced an extensive analysis of the momentous issues at stake for the Court and the Constitution with a call for attention to the "critical" yet "often overlooked" "values and philosophies" of federal judges. Professor Laurence Tribe similarly introduced a historical analysis of the Court's vital role by describing Justices' "powerful, if often …
What Is "(Im)Partial Enough" In A World Of Embedded Neutrals,
2013
Texas A&M University School of Law
What Is "(Im)Partial Enough" In A World Of Embedded Neutrals, Nancy A. Welsh
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Ordinary Administrative Law As Constitutional Common Law ,
2013
Pepperdine University
Ordinary Administrative Law As Constitutional Common Law , Gillian E. Metzger
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Naalj Membership Application And Questionnaire,
2013
Pepperdine University
Naalj Membership Application And Questionnaire, Katherine Bowles
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Master Or Chancellor? The Workers' Compensation Judge And Adjudicatory Power,
2013
Pepperdine University
Master Or Chancellor? The Workers' Compensation Judge And Adjudicatory Power, David B. Torrey
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Sanctioning Authority Of Hearing Officers In Special Education Cases,
2013
Pepperdine University
The Sanctioning Authority Of Hearing Officers In Special Education Cases, Salma A. Khaleq
Journal of the National Association of Administrative Law Judiciary
Under the Individuals with Disabilities Education Act (IDEA or the Act), children with disabilities are entitled to a free, appropriate public education (FAPE). The Act provides a procedural safeguard for children and their parents seeking to challenge a state or local educational agency's educational plan for the child in the form of a due process hearing presided over by a hearing officer or an administrative law judge (ALJ). This article describes the current case law concerning the authority of ALJs to sanction parties and attorneys for misconduct during these special education proceedings. Due to the limited number of cases available …
Buying A Judicial Seat For Appeal: Caperton V. A.T. Massey Coal Company, Inc., Is Right Out Of A John Grisham Novel,
2013
Pepperdine University
Buying A Judicial Seat For Appeal: Caperton V. A.T. Massey Coal Company, Inc., Is Right Out Of A John Grisham Novel, Richard Gillespie
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Supreme Court's Take On Immigration In Nken V. Holder: Reaffirming A Traditional Standard That Affords Courts More Time And Flexibility To Decide Immigration Appeals Before Deporting Aliens,
2013
Pepperdine University
The Supreme Court's Take On Immigration In Nken V. Holder: Reaffirming A Traditional Standard That Affords Courts More Time And Flexibility To Decide Immigration Appeals Before Deporting Aliens, Elizaveta Kabanova
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal ,
2013
Pepperdine University
Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal , Ann Wise
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind,
2013
Pepperdine University
Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind, Edwin L. Felter Jr
Journal of the National Association of Administrative Law Judiciary
This article discusses and evaluates several forms of accountability in the administrative law judiciary, and compares them with prevalent forms of accountability in the judicial branch. Felter argues that codes of judicial conduct, as well as formal enforcement mechanisms, work together to maintain a balance of independence and accountability in the administrative law judiciary. The article analyzes the "right kinds" of accountability as distinguished from the "wrong kind" of accountability, i.e., political accountability. The article maintains that decisional independence is the cornerstone of any properly functioning adjudication system. The price of decisional independence is accountability to concepts and mechanisms other …
Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model,
2013
Pepperdine University
Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model, Walter J. Brudzinski
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
A Judge’S Judge,
2013
Touro University Jacob D. Fuchsberg Law Center
Summary Of Administrative Law Judge Responsibilities,
2013
Pepperdine University
Summary Of Administrative Law Judge Responsibilities, Daniel F. Solomon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Closing An Administrative Loophole: Ethics For The Administrative Judiciary,
2013
Pepperdine University
Closing An Administrative Loophole: Ethics For The Administrative Judiciary, Diana Gillis
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Education For Judicial Aspirants,
2013
Pepperdine University
Education For Judicial Aspirants, Keith R. Fisher
Journal of the National Association of Administrative Law Judiciary
Introductory judicial education (IJE) is an avenue for improving both appointive and elective systems of judicial selection. The impetus for considering this topic can be traced back to lingering unease with judicial selection and the ongoing (though now somewhat stagnant) debate over merit selection. Moreover, changes in the nature of law practice and the judicial role over the past several decades have rendered the gap between those two activities increasingly large. Moreover, surveys of minority communities have consistently demonstrated a far lower degree of confidence in the impartiality and fairness of our nation’s judges. IJE is an effort to maximize …
In Memoriam: The Honorable Harry L. Carrico,
2013
Federal Judge, U.S. District Court for the Eastern District of Virginia
In Memoriam: The Honorable Harry L. Carrico, Hon. John A. Gibney Jr., Wendy C. Perdue, John G. Douglass, William G. Broaddus, Victoria A.B. Willis
University of Richmond Law Review
No abstract provided.
Issue 3: Table Of Contents,
2013
University of Richmond
