The Mysterious Lockstep Doctrine And The Future Of Judicial Federalism In Illinois,
2013
Twelfth Judicial Circuit of Illinois
The Mysterious Lockstep Doctrine And The Future Of Judicial Federalism In Illinois, John Christopher Anderson
Loyola University Chicago Law Journal
No abstract provided.
Introduction, Symposium: The Evolution Of Justice Anthony M. Kennedy’S Jurisprudence,
2013
Pacific McGeorge School of Law
Introduction, Symposium: The Evolution Of Justice Anthony M. Kennedy’S Jurisprudence, Elizabeth Rindskopf Parker
McGeorge Law Review
No abstract provided.
Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality,
2013
Pacific McGeorge School of Law
Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality, Lawrence C. Levine
McGeorge Law Review
No abstract provided.
Justice Kennedy’S Free Speech Jurisprudence: A
Quantitative And Qualitative Analysis,
2013
UC Davis School of Law
Justice Kennedy’S Free Speech Jurisprudence: A Quantitative And Qualitative Analysis, Ashutosh Bhagwat, Matthew Struhar
McGeorge Law Review
No abstract provided.
The Evolution Of Justice Kennedy’S Eighth Amendment
Jurisprudence On Categorical Bars In Capital Cases,
2013
Pacific McGeorge School of Law
The Evolution Of Justice Kennedy’S Eighth Amendment Jurisprudence On Categorical Bars In Capital Cases, Linda E. Carter
McGeorge Law Review
No abstract provided.
State Interests And The Duration Of Abortion Rights,
2013
University of Georgia School of Law
State Interests And The Duration Of Abortion Rights, Randy Beck
McGeorge Law Review
No abstract provided.
Justice Kennedy’S Use Of Sources Of The Original Meaning Of The Constitution,
2013
George Washington University Law School
Justice Kennedy’S Use Of Sources Of The Original Meaning Of The Constitution, Gregory E. Maggs
McGeorge Law Review
No abstract provided.
Kennedy And The Prisons—Moral Exhortation And
Technical Fastidiousness,
2013
Stanford Law School
Kennedy And The Prisons—Moral Exhortation And Technical Fastidiousness, Robert Weisberg
McGeorge Law Review
No abstract provided.
Justice Kennedy’S Sixth Amendment Pragmatism,
2013
University of Pennsylvania
Law School
Justice Kennedy’S Sixth Amendment Pragmatism, Stephanos Bibas
McGeorge Law Review
No abstract provided.
The Property Jurisprudence Of Justice Kennedy,
2013
Pacific McGeorge School of Law
The Property Jurisprudence Of Justice Kennedy, John G. Sprankling
McGeorge Law Review
No abstract provided.
Justice Kennedy’S Jurisprudence On The First Amendment
Religion Clauses,
2013
South Texas College of Law
Justice Kennedy’S Jurisprudence On The First Amendment Religion Clauses, R. Randall Kelso
McGeorge Law Review
No abstract provided.
There’S A Whole World Out There: Justice Kennedy’S Use Of International Sources,
2013
Pacific McGeorge School of Law
There’S A Whole World Out There: Justice Kennedy’S Use Of International Sources, Stephen C. Mccaffrey
McGeorge Law Review
No abstract provided.
Speech,
2013
University of Maryland Francis King Carey School of Law
John C.H. Wu And His Comparative Law Pursuit,
2013
University of Michigan Law School
John C.H. Wu And His Comparative Law Pursuit, Xiaomeng Zhang
Law Librarian Scholarship
In this paper, I will focus on exploring Wu's accomplishments in comparative law from four different aspects. After a brief introduction to the historical and societal background of Wu' s life and research in Part II, I will examine his comparative law research and methodologies in Part III. In Part IV, I will elaborate his contributions to the development of Chinese legal education in the Republican China era at the Comparative Law School of China. I will then analyze how his jurisprudence was further reflected in his judicial rulings, which helped shape the contemporary Chinese judicial system in Part V. …
Why Cant We Be Friends Preserving Public Confidence In The Judiciary Through Limited Use Of Social Networking,
2013
Barry University
Why Cant We Be Friends Preserving Public Confidence In The Judiciary Through Limited Use Of Social Networking, Helia Garrido Hull
Faculty Scholarship
No abstract provided.
The Second Circuit’S En Banc Crisis,
2013
Benjamin N. Cardozo School of Law
The Second Circuit’S En Banc Crisis, Mario Lucero
Cardozo Law Review de•novo
Part I of this Note is an empirical survey of the history of the en banc practice in the Second Circuit. First is an explanation of the en banc process and an examination of the hearings en banc that did take place and their outcomes in the Supreme Court. Second is a discussion of the mini en banc, which is the practice of circulating opinions that serves as an abbreviated substitute for full en banc hearings. Third is an examination of the myriad opinions that have been inspired by the denials of rehearing en banc, with special attention to the …
Dealing With The Appellate Caseload Crisis: The Report Of The Federal Courts Study Committee Revisited,
2013
New York Law School
Dealing With The Appellate Caseload Crisis: The Report Of The Federal Courts Study Committee Revisited, Roger J. Miner '56
Federal Court System and Administration
No abstract provided.
How Well Do Measures Of Judicial Ability Translate Into Performance?,
2013
Duke Law School
How Well Do Measures Of Judicial Ability Translate Into Performance?, Mitu Gulati, Stephen J. Choi, Eric A. Posner
Faculty Scholarship
Diverse measures are used as proxies for judicial ability, ranging from the college and law school a judge attended to the rate at which her decisions are cited by other judges. Yet there has been little serious examination of which of these ability measures is better or worse at predicting the quality of judicial performance—including the management and disposition of cases. In this article, we attempt to evaluate these measures of ability by examining a rich group of performance indicators. Our innovation is to derive performance measures from judicial decisions other than case outcomes (which are inherently difficult to evaluate): …
Judicial Attention As A Scarce Resource: A Preliminary Defense Of How Judges Allocate Time Across Cases In The Federal Courts Of Appeals,
2013
Duke Law School
Judicial Attention As A Scarce Resource: A Preliminary Defense Of How Judges Allocate Time Across Cases In The Federal Courts Of Appeals, Marin K. Levy
Faculty Scholarship
Federal appellate judges no longer have the time to hear argument and draft opinions in all of their cases. The average annual filing per active judgeship now stands at 330 filed cases per year — more than four times what it was sixty years ago. In response, judges have adopted case management strategies that effectively involve spending significantly less time on certain classes of cases than on others. Various scholars have decried this state of affairs, suggesting that the courts have created a “bifurcated” system of justice with “separate and unequal tracks.” These reformers propose altering the relevant constraints of …
The Politics Of Statutory Interpretation,
2013
Duke Law School
The Politics Of Statutory Interpretation, Margaret H. Lemos
Faculty Scholarship
In a new book, Reading Law: The Interpretation of Legal Texts, Justice Antonin Scalia and Bryan Garner describe and defend the textualist methodology for which Justice Scalia is famous. For Scalia and Garner, the normative appeal of textualism lies in its objectivity: by focusing on text, context, and canons of construction, textualism offers protection against ideological judging—a way to separate law from politics. Yet, as Scalia and Garner well know, textualism is widely regarded as a politically conservative methodology. The charge of conservative bias is more common than it is concrete, but it reflects the notion that textualism narrows the …
