Self-Represented Litigants And The Access To Justice Revolution In The State Courts: Cross-Pollinating Perspectives Toward A Dialogue For Innovation In The Courts And The Administrative System,
2013
Pepperdine University
Self-Represented Litigants And The Access To Justice Revolution In The State Courts: Cross-Pollinating Perspectives Toward A Dialogue For Innovation In The Courts And The Administrative System, Richard Zorza
Journal of the National Association of Administrative Law Judiciary
In the last ten to fifteen years, state courts have responded to a tidal wave of self-represented litigants with a wide range of innovations that are fundamentally transforming the courts. These innovations impact the whole system and range from new ways of accepting cases into the system to innovative courtroom procedures and management practices, and from a more proactive process of managing the flow of cases to innovations that help make sure that the parties comply with the court's orders. Indeed, the Self-Represented Litigation Network, a national network of groups working for access to justice for the self-represented, has identified …
Legal Rhetoric And Social Science: A Hypothesis For Why Doctrine Matters In Judicial Decisionmaking,
2013
Pace University
Legal Rhetoric And Social Science: A Hypothesis For Why Doctrine Matters In Judicial Decisionmaking, Brett Waldron
Pace International Law Review Online Companion
In the realm of American jurisprudence, little draws more excitement or controversy than investigating the role of federal judges in our constitutional order. Yet, at the same time, the scholarly literature has not settled upon a singular descriptive device to explain how federal judges actually carry out this role. In broad strokes, current academic commentary appears to be divided on the issue of whether fidelity to the law or fidelity to political ideology largely determines how judges decide cases. This division, however interesting it may be, should not be afforded the luxury of being examined on a level playing field. …
Judicial Overstating,
2013
Chicago-Kent College of Law
Judicial Overstating, Dan Simon, Nicholas Scurich
Chicago-Kent Law Review
Ostensibly, we are all Legal Realists now. No longer do legal theorists maintain that judicial decision making fits the mechanical and formalist characterizations of yesteryear. Yet, the predominant style of American appellate court opinions seems to adhere to that improbable mode of adjudication: habitually, opinions provide excessively large sets of syllogistic reasons and portray the chosen decision as certain, singularly correct, and as determined inevitably by the legal materials. This article examines two possible explanations for this rhetorical style of Judicial Overstatement. First, we review the psychological research that suggests that judicial overstatement is a product of the cognitive processes …
To Lobby Or Not To Lobby: That Is An Important Question,
2013
University of Arkansas Little Rock
To Lobby Or Not To Lobby: That Is An Important Question, Kermit V. Lipez
The Journal of Appellate Practice and Process
No abstract provided.
The Con Law Professor With Judicial Appointment Power,
2013
University of Arkansas Little Rock
The Con Law Professor With Judicial Appointment Power, Theresa M. Beiner
The Journal of Appellate Practice and Process
No abstract provided.
Women Ruling The Bench: Steps To Achieving Gender Parity On State Courts,
2013
Bemidji State University
Women Ruling The Bench: Steps To Achieving Gender Parity On State Courts, Cheyenne L. Horien
Political Science Theses and Capstones
Across the United States, each state practices one of several methods of selecting judges to their courts. Many of these processes have not changed for decades and some argue this results in minorities, both gender and racial, receiving fewer spots on the bench. I focus explicitly on the gender aspect of judicial selection: Why are there fewer women judges in some states than in others? Previous literature on this topic is mixed. I analyzed data gathered from the American Judicature Society and other sources. Among the five methods (appointment, combination, merit selection, non-partisan election, partisan election), because of the many …
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 …
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 …
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 …
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.
