The Contours Of Judicial Tenure In State Courts Of Last Resort: Accountability Vs. Independence,
2012
Western Michigan University
The Contours Of Judicial Tenure In State Courts Of Last Resort: Accountability Vs. Independence, Todd A. Curry
Dissertations
The study of state courts of last resort is a field which has, up until recently, been significantly underrepresented in political science (Baum 1987, Dubois 1980). The bulk of work in judicial politics over the last fifty years has focused on the federal system. Furthermore, the study of state courts allows for a true comparative analysis. The methods of selection used for the staffing of state courts of last resort are highly varied. There are five distinctly different methods which are used for judicial selection in the states, and many states have institutional nuances that provide further variation for study. …
Judicial Innovation And Sexual Harassment Doctrine In The U.S. Court Of Appeals.,
2012
University of Louisville
Judicial Innovation And Sexual Harassment Doctrine In The U.S. Court Of Appeals., Laura P. Moyer, Holley Takersley
Faculty and Staff Scholarship
The determination that sexual harassment constituted “discrimination based on sex” under Title VII was first made by the lower federal courts, not Congress. Drawing from the literature on policy diffusion, this article examines the adoption of hostile work environment standards across the U.S. Courts of Appeals in the absence of controlling Supreme Court precedent. The results bolster recent findings about the influence of female judges on their male colleagues and suggest that in addition to siding with female plaintiffs, female judges also helped to shape legal rules that promoted gender equality in the workplace.
Standing To Sue A Carrier's Killers ,
2012
Pepperdine University
Standing To Sue A Carrier's Killers , Davis J. Howard
Pepperdine Law Review
No abstract provided.
Ethics In Legal Education: An Augmentation Of Legal Realism,
2012
Pepperdine University
Ethics In Legal Education: An Augmentation Of Legal Realism, Gerald R. Ferrera
Pepperdine Law Review
No abstract provided.
The Los Angeles County Children's Court: A Model Facility For Child Abuse And Neglect Proceedings,
2012
Pepperdine University
The Los Angeles County Children's Court: A Model Facility For Child Abuse And Neglect Proceedings, Paul Boland
Pepperdine Law Review
No abstract provided.
Foreword,
2012
Pepperdine University
May It Please The Court: Questions About Policy At Oral Argument,
2012
Northwestern Pritzker School of Law
May It Please The Court: Questions About Policy At Oral Argument, Cynthia K. Conlon, Julie M. Karaba
Northwestern Journal of Law & Social Policy
This Article examines the questions that Supreme Court Justices ask during oral argument. The authors content-coded questions asked in fifty-three cases argued during the October 2009, 2010, and 2011 terms—a total of 5,115 questions. They found that the Justices vary significantly in the extent to which they ask about different aspects of a case, including threshold issues, precedent, facts, external actors, legal argument, and policy. They also found that the Justices were more likely to ask policy-oriented questions in education cases than in constitutional cases that did not arise in a school setting. The authors included a case study of …
To “Advice And C̶O̶N̶S̶E̶N̶T̶Delay”: The Role Of Interest Groups In The Confirmation Of Judges To The Federal Courts Of Appeal,
2012
Northwestern Pritzker School of Law
To “Advice And C̶O̶N̶S̶E̶N̶T̶Delay”: The Role Of Interest Groups In The Confirmation Of Judges To The Federal Courts Of Appeal, Donald E. Campbell
Northwestern Journal of Law & Social Policy
Political and partisan battles over nominees to the federal courts of appeal have reached unprecedented levels. This article considers the reasons for this change in the process. Using evidence from law and political science, this article proposes that current confirmation struggles are greatly influenced by increased involvement of interest groups in the process. The article tests the role of interest groups through an in-depth examination of George W. Bush’s nomination of Leslie H. Southwick to the Fifth Circuit Court of Appeals. Utilizing the Southwick case study, the article provides evidence of how interest groups impact the confirmation process by designating …
The Art Of Legal Reasoning And The Angst Of Judging: Of Balls, Strikes, And Moments Of Truth,
2012
Northwestern Pritzker School of Law
The Art Of Legal Reasoning And The Angst Of Judging: Of Balls, Strikes, And Moments Of Truth, Timothy P. Terrell
Northwestern Journal of Law & Social Policy
An essay of only five short paragraphs published several years ago by the noted Harvard paleontologist Stephen Jay Gould about a controversial call by baseball umpire Babe Pinelli provides all the foundation necessary for a thorough investigation of the phenomenon of legal reasoning. The present article contrasts Gould’s analysis of a “strike” with the comment by then-Judge John Roberts at his Supreme Court confirmation hearings that he just wanted to “call [the] balls and strikes,” and through this exchange develops a new approach toward identifying—and teaching—the basic elements of sophisticated legal thinking. This article divides legal reasoning into four interrelated …
The Perspective Of A Junior Circuit Judge On Judicial Modesty,
2012
University of Florida Levin College of Law
The Perspective Of A Junior Circuit Judge On Judicial Modesty, William H. Pryor Jr.
Florida Law Review
My topic today is judicial modesty, which some critics of the federal judiciary might say is an oxymoron. After all, these critics, in recent years, have dubbed it “the imperial judiciary,” “the most dangerous branch,” and “our judicial oligarchy.” Modesty is not a typical charge against the federal courts. After I provide an overview of judicial modesty based on what the Chief Justice and Judge Posner have said about it, I will address two aspects of my work that provide opportunities to display judicial modesty. First, I will address an aspect of the adjudicative work of the courts of appeals: …
Milking The New Sacred Cow: The Supreme Court Limits The Peremptory Challenge On Racial Grounds In Powers V. Ohio And Edmonson V. Leesville Concrete Co.,
2012
Pepperdine University
Milking The New Sacred Cow: The Supreme Court Limits The Peremptory Challenge On Racial Grounds In Powers V. Ohio And Edmonson V. Leesville Concrete Co., Bradley R. Kirk
Pepperdine Law Review
No abstract provided.
California Practicum: A Guide To Coordination Of Civil Actions In California,
2012
Pepperdine University
California Practicum: A Guide To Coordination Of Civil Actions In California, Darren L. Brooks
Pepperdine Law Review
No abstract provided.
When Will Black Women Lawyers Slay The Two-Headed Dragon: Racism And Gender Bias,
2012
Pepperdine University
When Will Black Women Lawyers Slay The Two-Headed Dragon: Racism And Gender Bias, Wilma Williams Pinder
Pepperdine Law Review
No abstract provided.
Separation Of Powers Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making,
2012
Pepperdine University
Separation Of Powers Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making, R. Randall Kelso
Pepperdine Law Review
No abstract provided.
California Supreme Court Survey February 1993 - December 1993 ,
2012
Pepperdine University
California Supreme Court Survey February 1993 - December 1993 , James J. Maloney
Pepperdine Law Review
No abstract provided.
Federal Judicial And Legislative Jurisdiction Over Entities Abroad: The Long-Arm Of U.S. Antitrust Law And Viable Solutions Beyond The Timberlane/Restatement Comity Approach,
2012
Pepperdine University
Federal Judicial And Legislative Jurisdiction Over Entities Abroad: The Long-Arm Of U.S. Antitrust Law And Viable Solutions Beyond The Timberlane/Restatement Comity Approach, Michael G. Mckinnon
Pepperdine Law Review
No abstract provided.
Toward A Balanced Approach To "Frivolous" Litigation: A Critical Review Of Federal Rule 11 And State Sanctions Provisions ,
2012
Pepperdine University
Toward A Balanced Approach To "Frivolous" Litigation: A Critical Review Of Federal Rule 11 And State Sanctions Provisions , Byron C. Keeling
Pepperdine Law Review
No abstract provided.
California Supreme Court Survey July 1992 - December 1993 ,
2012
Pepperdine University
California Supreme Court Survey July 1992 - December 1993 , James J. Maloney
Pepperdine Law Review
No abstract provided.
California Supreme Court Survey October 1992 - October 1993,
2012
Pepperdine University
California Supreme Court Survey October 1992 - October 1993, James J. Maloney
Pepperdine Law Review
No abstract provided.
Issue 1: Annual Survey 2012 Table Of Contents,
2012
University of Richmond
Issue 1: Annual Survey 2012 Table Of Contents
University of Richmond Law Review
No abstract provided.
