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7,577 full-text articles. Page 179 of 212.

A Cautionary Tale: Some Insights Regarding Judicial Activism From The National Experience, Maartje DE VISSER 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, Justin J. Green 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, Daniel Morrissey 2013 Pepperdine University

Book Review, Daniel Morrissey

Pepperdine Law Review

No abstract provided.


The Asymmetry Of Ronald Dworkin's Rights Thesis In Criminal Cases: A Troublesome Exception, H. Scott Fairley 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 , William H. Rehnquist 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, Richard L. Aynes 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 , John P. Wagner 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, Constance Mauney 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, Harry A. Ackley 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, Michael Heise, Gregory C. Sisk 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 , Perry L. Glantz 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?, Fred Woods 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, Thomas M. Reavley 2013 Pepperdine University

Rambo Litigators: Pitting Aggressive Tactics Against Legal Ethics, Thomas M. Reavley

Pepperdine Law Review

No abstract provided.


Introduction, Ronald F. Phillips 2013 Pepperdine University

Introduction, Ronald F. Phillips

Pepperdine Law Review

No abstract provided.


Precedent: What It Is And What It Isn't; When Do We Kiss It And When Do We Kill It?, Ruggero J. Aldisert 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, David R. Cleveland 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], W. Louis Sands 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, Mark A. Graber 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, Georgetown University Law Center, Supreme Court Institute 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, Jack M. Beermann 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.


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