A Cautionary Tale: Some Insights Regarding Judicial Activism From The National Experience,
2013
Singapore Management University
A Cautionary Tale: Some Insights Regarding Judicial Activism From The National Experience, Maartje De Visser
Research Collection Yong Pung How School Of Law
Courts, whether national or European, are sometimes subject to charges of judicial activism. Adopting a comparative perspective, this contribution charts the ways in which constitutional courts in the Member States have sought to mitigate or pre-empt charges of activism. The primary purpose is to identify attractive solutions or lessons the ECJ may draw from dealing with this perception of judicial activism. It is important at the outset to be clear about what is meant by ‘judicial activism’. Judicial activism is often used as a slogan to communicate dislike or disagreement with a particular judgment or line of case law. While …
Partisanship On An Apolitical Court: The United States Court Of Claims,
2013
Pepperdine University
Partisanship On An Apolitical Court: The United States Court Of Claims, Justin J. Green
Pepperdine Law Review
No abstract provided.
Book Review,
2013
Pepperdine University
The Asymmetry Of Ronald Dworkin's Rights Thesis In Criminal Cases: A Troublesome Exception,
2013
Pepperdine University
The Asymmetry Of Ronald Dworkin's Rights Thesis In Criminal Cases: A Troublesome Exception, H. Scott Fairley
Pepperdine Law Review
No abstract provided.
Dedicatory Address: Act Well Your Part: Therein All Honor Lies ,
2013
Pepperdine University
Dedicatory Address: Act Well Your Part: Therein All Honor Lies , William H. Rehnquist
Pepperdine Law Review
No abstract provided.
Evaluation Of Judicial Performance: A Tool For Self-Improvement,
2013
Pepperdine University
Evaluation Of Judicial Performance: A Tool For Self-Improvement, Richard L. Aynes
Pepperdine Law Review
The quality of our judicial system, like other institutions, is a function of the work performed by those who are afforded major roles in the dispensation of justice. Unmistakably. judges, jurors and lawyers assume key roles in this process. Professor Aynes, who is a member of the A.B.A.'s Evaluation of Judicial Performance Committee, recognizes that both judges and lawyers, unlike jurors, are professionals expected to bring more to the bench than honesty, good faith and diligence. The author observes that while efforts to improve the daily performance of attorneys have been well under way since the early 1970's, it i …
Justice Stevens And The Emerging Law Of Sex Discrimination ,
2013
Pepperdine University
Justice Stevens And The Emerging Law Of Sex Discrimination , John P. Wagner
Pepperdine Law Review
No abstract provided.
Religion And First Amendment Prosecutions: An Analysis Of Justice Black's Constitutional Interpretation,
2013
Pepperdine University
Religion And First Amendment Prosecutions: An Analysis Of Justice Black's Constitutional Interpretation, Constance Mauney
Pepperdine Law Review
Justice Hugo L. Black served on the United States Supreme Court over a period of thirty-four years, encompassing Supreme Court terms from 1937 to 1971. During this period, the subject of the constitutional limitations of the freedom of religion was increasingly subjected to intense social pressures. Justice Black figured prominently in the development of constitutional law as the Supreme Court attempted to give meaning to the establishment and free exercise clause of the first amendment. He wrote the majority opinions which dealt with the establishment clause in the Everson, McCulloin, Engel and Torcaso cases. Yet, on later occasions, Justice Black …
Plain Talk About Plea Bargaining,
2013
Pepperdine University
Plain Talk About Plea Bargaining, Harry A. Ackley
Pepperdine Law Review
No abstract provided.
Free Exercise Of Religion Before The Bench: Empirical Evidence From The Federal Courts,
2013
Cornell Law School
Free Exercise Of Religion Before The Bench: Empirical Evidence From The Federal Courts, Michael Heise, Gregory C. Sisk
Cornell Law Faculty Publications
We analyze various factors that influence judicial decisions in cases involving Free Exercise Clause or religious accommodation claims and decided by lower federal courts. Religious liberty claims, including those moored in the Free Exercise Clause, typically generate particularly difficult questions about how best to structure the sometimes contentious relation between the religious faithful and the sovereign government. Such difficult questions arise frequently in and are often framed by litigation. Our analyses include all digested Free Exercise and religious accommodation claim decisions by federal court of appeals and district court judges from 1996 through 2005. As it relates to one key …
Analysis Of A First Amendment Challenge To Rent-A-Judge Proceedings ,
2013
Pepperdine University
Analysis Of A First Amendment Challenge To Rent-A-Judge Proceedings , Perry L. Glantz
Pepperdine Law Review
No abstract provided.
Sanctions - Stepchild Or Natural Heir To Trial And Appellate Court Delay Reduction?,
2013
Pepperdine University
Sanctions - Stepchild Or Natural Heir To Trial And Appellate Court Delay Reduction?, Fred Woods
Pepperdine Law Review
No abstract provided.
Rambo Litigators: Pitting Aggressive Tactics Against Legal Ethics,
2013
Pepperdine University
Rambo Litigators: Pitting Aggressive Tactics Against Legal Ethics, Thomas M. Reavley
Pepperdine Law Review
No abstract provided.
Introduction,
2013
Pepperdine University
Precedent: What It Is And What It Isn't; When Do We Kiss It And When Do We Kill It?,
2013
Pepperdine University
Precedent: What It Is And What It Isn't; When Do We Kiss It And When Do We Kill It?, Ruggero J. Aldisert
Pepperdine Law Review
No abstract provided.
Post-Crisis Reconsideration Of Federal Court Reform,
2013
Valparaiso University School of Law
Post-Crisis Reconsideration Of Federal Court Reform, David R. Cleveland
Law Faculty Publications
No abstract provided.
Plea Bargaining After Frye And Lafler, A Real Problem In Search Of A Reasonable And Practical Solution (Meeting The Challenges Of Frye And Lafler) [Keynote Address],
2013
Duquesne University
Plea Bargaining After Frye And Lafler, A Real Problem In Search Of A Reasonable And Practical Solution (Meeting The Challenges Of Frye And Lafler) [Keynote Address], W. Louis Sands
Duquesne Law Review
No abstract provided.
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 …
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.
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.
