Notice-And-Comment Sentencing,
2012
Benjamin N. Cardozo School of Law
Notice-And-Comment Sentencing, Richard A. Bierschbach, Stephanos Bibas
Articles
The article argues that criminal sentencing, often perceived as a singular, justice-focused moment, is in reality a complex, fragmented process heavily influenced by prosecutorial discretion and plea bargaining. It contends that public participation, inspired by principles of administrative law, could enhance the fairness, transparency, and legitimacy of sentencing and related processes, such as charging and plea bargaining. By integrating public input and structured decision-making, the criminal justice system could better align with democratic values and address systemic disparities.
Distinguishing Starfish From Cobras: The Importance Of Discretion For The Juvenile Judge In Fitness Hearings,
2012
Pepperdine University
Distinguishing Starfish From Cobras: The Importance Of Discretion For The Juvenile Judge In Fitness Hearings, Socrates Peter Manoukian
Pepperdine Law Review
No abstract provided.
Statutory Interpretation Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making ,
2012
Pepperdine University
Statutory Interpretation Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making , R. Randall Kelso
Pepperdine Law Review
No abstract provided.
Judicial Review And The Exclusionary Rule,
2012
Pepperdine University
Judicial Review And The Exclusionary Rule, Morgan Cloud
Pepperdine Law Review
No abstract provided.
The Christian Executioner: Reconciling “An Eye For An Eye” With “Turn The Other Cheek”,
2012
Pepperdine University
The Christian Executioner: Reconciling “An Eye For An Eye” With “Turn The Other Cheek”, Jill Jones
Pepperdine Law Review
No abstract provided.
"A Land Of Strangers": Communitarianism And The Rejuvenation Of Intermediate Associations,
2012
Pepperdine University
"A Land Of Strangers": Communitarianism And The Rejuvenation Of Intermediate Associations, Derek E. Brown
Pepperdine Law Review
No abstract provided.
Interpretation And Construction In Altering Rules,
2012
Georgetown University Law Center
Interpretation And Construction In Altering Rules, Gregory Klass
Georgetown Law Faculty Publications and Other Works
This essay is a response to Ian Ayres's, "Regulating Opt-Out: An Economic Theory of Altering Rules," 121 Yale L.J. 2032 (2012). Ayres identifies an important question: How does the law decide when parties have opted-out of a contractual default? Unfortunately, his article tells only half of the story about such altering rules. Ayres cares about rules designed to instruct parties on how to get the terms that they want. By focusing on such rules he ignores altering rules designed instead to interpret the nonlegal meaning of the parties' acts or agreement. This limited vision is characteristic of economic approaches to …
Perspective On Judicial Merit Retention In Florida,
2012
University of Florida Levin College of Law
Perspective On Judicial Merit Retention In Florida, Scott G. Hawkins
Florida Law Review
This November, voters will decide whether to retain in office three justices of the Florida Supreme Court and fifteen judges of the district courts of appeal. This Essay explains the merit retention process and puts that process in historical context. It analyzes the challenges voters face in making decisions about whether to retain appellate court judges and highlights The Florida Bar’s role in educating voters about merit retention. The Florida constitution entrusts the important decision whether to retain appellate court judges, including supreme court justices, to the voters, and in order to make that decision, voters must be informed about …
Triangulating Judicial Responsiveness: Automated Content Analysis, Judicial Opinions, And The Methodology Of Legal Scholarship,
2012
Marquette University Law School
Triangulating Judicial Responsiveness: Automated Content Analysis, Judicial Opinions, And The Methodology Of Legal Scholarship, Chad M. Oldfather, Joseph P. Bockhorst, Brian P. Dimmer
Florida Law Review
The increasing availability of digital versions of court documents, coupled with increases in the power and sophistication of computational methods of textual analysis, promises to enable both the creation of new avenues of scholarly inquiry and the refinement of old ones. This Article advances that project in three respects. First, it examines the potential for automated content analysis to mitigate one of the methodological problems that afflicts both content analysis and traditional legal scholarship—their acceptance on faith of the proposition that judicial opinions accurately report information about the cases they resolve and courts‘ decisional processes. Because automated methods can quickly …
Judicial Creativity And Constraint Of Legal Rules: Dueling Cannons Of International Law,
2012
University of Miami Law School
Judicial Creativity And Constraint Of Legal Rules: Dueling Cannons Of International Law, Vitalius Tumonis
University of Miami International and Comparative Law Review
According to the traditional theory of judicial decision-making, legal rules constrain judicial creativity because they entail an objectively correct legal answer. Therefore, even if judges want to engage in judicial legislation they are nonetheless constrained by legal rules. This article argues that this understanding is flawed. First, the selection effect ensures that most cases that reach international courts revolve around uncertain legal rules. Second, various cannons of construction will usually allow judges to ascertain several equally plausible legal rules; judges are likely to select those rules which favor their preferred outcome of the case; and their preferred outcome will be …
The Supremacy Clause As Structural Safeguard Of Federalism: State Judges And International Law In The Post-Erie Era,
2012
University of Missouri School of Law
The Supremacy Clause As Structural Safeguard Of Federalism: State Judges And International Law In The Post-Erie Era, Sam F. Halabi
Faculty Publications
Against a backdrop of state constitutional and legislative initiatives aimed at limiting judicial use of international law, this Article argues that state judges have, by and large, interpreted treaties and customary international law so as to narrow their effect on state law-making prerogatives. Where state judges have used international law more liberally, they have done so to give effect to state executive and legislative objectives. Not only does this thesis suggest that the trend among state legislatures to limit state judges' use of international law is self-defeating, it also gives substance to a relatively unexplored structural safeguard of federalism: state …
A Capsule Biography Of Joseph T. Sneed, Iii,
2012
University of Arkansas Little Rock
A Capsule Biography Of Joseph T. Sneed, Iii, Rollins S. Emerson
The Journal of Appellate Practice and Process
No abstract provided.
Three Giants,
2012
University of Arkansas Little Rock
Three Giants, Nancy Bellhouse May
The Journal of Appellate Practice and Process
No abstract provided.
Cardozo At 100,
2012
University of Arkansas Little Rock
Cardozo At 100, Andrew L. Kaufman
The Journal of Appellate Practice and Process
No abstract provided.
Gazing Into The Future: The 100-Year Legacy Of Justice William J. Brennan,
2012
University of Arkansas Little Rock
Gazing Into The Future: The 100-Year Legacy Of Justice William J. Brennan, Stephen J. Wermiel
The Journal of Appellate Practice and Process
No abstract provided.
The Legacy Of Louis D. Brandeis,
2012
University of Arkansas Little Rock
The Legacy Of Louis D. Brandeis, Melvin I. Urofsky
The Journal of Appellate Practice and Process
No abstract provided.
Step Aside, Mr. Senator: A Request For Members Of The Senate Judiciary Committee To Give Up Their Mics,
2012
Indiana University Maurer School of Law
Step Aside, Mr. Senator: A Request For Members Of The Senate Judiciary Committee To Give Up Their Mics, Paul E. Vaglicia
Indiana Law Journal
In 1995, a law professor at the University of Chicago Law School dubbed the Supreme Court confirmation hearings “vapid and hollow” and added that they, as implemented, “serve little educative function, except perhaps to reinforce lessons of cynicism that citizens often glean from government.” Ironically, this same law professor, Elena Kagan, later endured the confirmation hearings as a nominee and currently sits as the 112th Justice of the U.S. Supreme Court. While she may be one of the few to ever reach a seat on the High Court, she is not alone in her assessment of the Supreme Court’s lackluster …
Newman, J., Dissenting: Another Vision Of The Federal Circuit,
2012
Woodard, Emhardt, Moriarty, McNett & Henry LLP, Indianapolis, IN
Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz
IP Theory
No abstract provided.
Angry Judges,
2012
Vanderbilt University Law School
Angry Judges, Terry A. Maroney
Vanderbilt Law School Faculty Publications
Judges get angry. Law, however, is of two minds as to whether they should; more importantly, it is of two minds as to whether judges’ anger should influence their behavior and decision making. On the one hand, anger is the quintessentially judicial emotion. It involves appraisal of wrongdoing, attribution of blame, and assignment of punishment — precisely what we ask of judges. On the other, anger is associated with aggression, impulsivity, and irrationality. Aristotle, through his concept of virtue, proposed reconciling this conflict by asking whether a person is angry at the right people, for the right reasons, and in …
Comparativist-Structural Approaches To Interpretation Of The Post-Obamacare Spending Power,
2012
University of Saskatchewan
Comparativist-Structural Approaches To Interpretation Of The Post-Obamacare Spending Power, Michelle Biddulph, Dwight G. Newman
Cardozo Journal of International and Comparative Law
The U.S. Supreme Court's decision on the Affordable Care Act (ACA) has significant implications for the federal spending power, a topic that has received limited scholarly attention. The article argues that understanding this aspect of the ACA ruling is crucial for comprehending its impact on future federal programs and legislative approaches. By examining the spending power frameworks in Canada and Australia, the article highlights how different federal systems balance central authority with regional autonomy, offering valuable lessons for the U.S. legal framework.
