Check One And The Accountability Is Done: The Harmful Impact Of Straight-Ticket Voting On Judicial Elections,
2012
Georgetown University Law Center
Check One And The Accountability Is Done: The Harmful Impact Of Straight-Ticket Voting On Judicial Elections, Meryl Chertoff, Dustin F. Robinson
Georgetown Law Faculty Publications and Other Works
States that elect judges are heir to a populist tradition dating back to the Jacksonian era. In the spectrum between independence and accountability, these states emphasize accountability. Systems vary from state to state, and even within states there may be geographic diversity or different selection systems for different levels of courts. Elections can be partisan or non-partisan, contested, or, as in merit-selection states, retention. Some states have dabbled in public financing of judicial elections. Reformers are most critical of contested partisan elections. Those are the elections where the most money is spent, the nastiest ads aired, and the dignity of …
The Propriety Of Jury Questioning: A Remedy For Perceived Harmless Error,
2012
Pepperdine University
The Propriety Of Jury Questioning: A Remedy For Perceived Harmless Error, Laurie Forbes Neff
Pepperdine Law Review
No abstract provided.
A Tribute To Judge Lazer,
2012
Touro Law Center
Leon Lazer: The Giant Among Us,
2012
Touro Law Center
Leon Lazer: The Giant Among Us, Howard Glickstein
Touro Law Review
No abstract provided.
Bribery In The Judiciary: Rethinking Recusal And Judicial Elections In The Wake Of Caperton V. A.T. Massey Coal Co.: A Jewish Law Perspective,
2012
Touro University Jacob D. Fuchsberg Law Center
Bribery In The Judiciary: Rethinking Recusal And Judicial Elections In The Wake Of Caperton V. A.T. Massey Coal Co.: A Jewish Law Perspective, Jacob Z. Weinstein
Touro Law Review
No abstract provided.
The Role Of Case Complexity In Judicial Decision Making.,
2012
University of Louisville
The Role Of Case Complexity In Judicial Decision Making., Laura P. Moyer
Faculty and Staff Scholarship
The literature on ideology and decision making offers conflicting expectations about how judges’ ideology should affect their votes in cases that raise many legal issues. Using cases from the U.S. Courts of Appeals, I examine the strength of ideology as a predictor of sincere voting in single and multi-issue cases and test whether the same effect for ideology can be seen for liberal and conservative judges. For all judges, ideology yields a larger effect as the number of issues increases; however, conservative judges are much more likely than liberal judges to cast sincere votes at all levels of complexity.
Transcript: The Case For National Political (Rather Than State Or Judicial) Regulation Of Healthcare,
2012
Cleveland State University College of Law
Transcript: The Case For National Political (Rather Than State Or Judicial) Regulation Of Healthcare, Abigail R. Moncrieff
Law Faculty Articles and Essays
One place where judges are becoming increasingly involved is in dormant Commerce Clause cases, and it would have been possible to issue the exact same holding in Sorrell by using dormant commerce analysis. To make the exact same challenge (it would have been up to the litigants, but) it would have been possible to present a similar challenge on dormant Commerce Clause grounds and to have said that this creates uneven regulation for pharmaceutical companies that need to craft different marketing approaches for different states according to different rules about what kinds of data they're allowed to use and not …
Stare Decisis In The Inferior Courts Of The United States,
2012
Cleveland State University
Stare Decisis In The Inferior Courts Of The United States, Joseph Mead
Law Faculty Articles and Essays
While circuit courts are bound to fallow circuit precedent under "law of the circuit" the practice among federal district courts is more varied and uncertain, routinely involving little or no deference to their own precedent. I argue that the different hierarchical levels and institutional characteristics do not account for the differences in practices between circuit and district courts. Rather, district courts can and should adopt a "law of the district" similar to that of circuit courts. Through this narrow proposal, I explore the historical stare decisis practices in federal courts that are not Supreme.
Pardon Me - The Need For A Fair And Impartial Judiciary,
2012
Mississippi College School of Law
Pardon Me - The Need For A Fair And Impartial Judiciary, Jim Rosenblatt
Journal Articles
The pardons issued by former Mississippi Governor Haley Barbour shortly before he left office created a swirl of controversy in Mississippi that played out in the national media. The Governor's Mansion, the Hinds County Courthouse, the State Capitol, and the Gartin Justice Building were frequent backdrops for media stories that took place over a two-month period reporting on "Pardongate." Several elements combined to make these pardons controversial and to make the issue such good fodder for the media.
Building The Federal Judiciary (Literally And Legally): The Monuments Of Chief Justices Taft, Warren And Rehnquist,
2012
Yale Law School
Building The Federal Judiciary (Literally And Legally): The Monuments Of Chief Justices Taft, Warren And Rehnquist, Judith Resnik
Indiana Law Journal
The “federal courts” took on their now familiar contours over the course of the twentieth century. Three chief justices—William Howard Taft, Earl Warren, and William Rehnquist—played pivotal roles in shaping the institutional, jurisprudential, and physical premises. Taft is well known for promoting a building to house the U.S. Supreme Court and for launching the administrative infrastructure that came to govern the federal courts. Earl Warren’s name has become the shorthand for a jurisprudential shift from state toward federal authority; the Warren Court offered an expansive understanding of the role federal courts could play in enabling access for a host of …
Women In Robes,
2012
Cornell Law School
Women In Robes, Sital Kalantry
Cornell Law Faculty Publications
This article presents statistics on the number of women in the judiciary and argues for gender parity to further equality, enhance courts' legitimacy, and strengthen the rule of law.
Civility And Collegiality—Unreasonable Judicial Expectations For Lawyers As Officers Of The Court?,
2012
University of Georgia
Civility And Collegiality—Unreasonable Judicial Expectations For Lawyers As Officers Of The Court?, Lonnie T. Brown
Scholarly Works
It is a well-settled and often-recited fact that lawyers are “officers of the court.” That title, however, is notoriously hortatory and devoid of meaning. Nevertheless, the Eleventh Circuit recently took the somewhat unprecedented step of utilizing the officer-of-the-court label to, in effect, sanction an attorney for the purportedly uncivil act of failing to provide defendant attorneys with pre-suit notice. While the author applauds the court’s desire to place greater emphasis on lawyer-to-lawyer collegiality as a component of officer-of-the-court status, the uncertainty the decision creates in terms of a lawyer’s role will potentially force litigators to compromise important client-centered duties. This …
"Was It Something I Said?": Losing The Majority On The Modern Supreme Court Of Canada, 1984-2011,
2012
Osgoode Hall Law School of York University
"Was It Something I Said?": Losing The Majority On The Modern Supreme Court Of Canada, 1984-2011, Peter J. Mccormick
Osgoode Hall Law Journal
Appeal court judges do not just vote and run; they vote and then they explain, at length, why theirs is the most reasonable position. Since the core of explanation is persuasion, this means that between the initial conference vote and the final decision, some of the judges sometimes change their minds; and this in turn means that sometimes an initial majority becomes a minority and vice versa, something which often leaves clear footprints in the written record. This paper demonstrates that this happens more often than we might think—some 255 times for the last three Chief Justiceships, or roughly once …
Two Cheers For The Constitution Of The United States: A Response To Professor Lee J. Strang,
2012
1567
Two Cheers For The Constitution Of The United States: A Response To Professor Lee J. Strang, Patrick Mckinley Brennan
Working Paper Series
This article is an invited response to Professor Lee Strang’s article Originalism and the Aristotelian Tradition: Virtue’s Home in Originalism, 80 Fordham L. Rev. 1997 (2012). Strang defends original public meaning originalism from a virtue theoretic perspective that he traces to the “central Western tradition” and ultimately to Aristotle. I reply that those committed to that tradition do better (1) to reject original pubic meaning originalism, (2) to embrace some version of original intent originalism, and (3) to defend the original intent meaning of the U.S. Constitution only with important reservations and on certain conditions. The original sin of …
The Supreme Court’S Regulation Of Civil Procedure: Lessons From Administrative Law,
2012
University of Missouri - Kansas City, School of Law
The Supreme Court’S Regulation Of Civil Procedure: Lessons From Administrative Law, Lumen N. Mulligan, Glen Staszewski
Faculty Works
In this Article, we argue that the Supreme Court should route most Federal Rules of Civil Procedure issues through the notice-and-comment rulemaking process of the Civil Rules Advisory Committee instead of issuing judgments in adjudications, unless the case can be resolved solely through the deployment of traditional tools of statutory construction. While we are not the first to express a preference for rulemaking on civil procedure issues, we advance the position in four significant ways. First, we argue that the Supreme Court in the civil procedure arena is vested with powers analogous to most administrative agencies. Second, building upon this …
Bush V. Gore: The Worst (Or At Least Second-To-The-Worst) Supreme Court Decision Ever,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Bush V. Gore: The Worst (Or At Least Second-To-The-Worst) Supreme Court Decision Ever, Mark S. Brodin
Nevada Law Journal
No abstract provided.
Congress, The Constitution, And
Supreme Court Recusal,
2012
Washington and Lee University School of Law
Congress, The Constitution, And Supreme Court Recusal, Louis J. Virelli Iii
Washington and Lee Law Review
Recusal is one of the most hotly contested issues facing the Supreme Court. From the wide-ranging debate over Supreme Court recusal, however, a singular theme has emerged: Congress must do more to protect the integrity and legitimacy of the Court by regulating the Justices’ recusal practices. Herein lies the problem. Rather than solve the puzzle of Supreme Court recusal, direct congressional regulation has created an impasse between Congress and the Court that has consequences for the reputation, efficacy, and legitimacy of both Branches. In a precursor to this Article, I recast the issue of Supreme Court recusal as a constitutional …
On Michel Rosenfeld's The Identity Of The Constitutional Subject,
2012
Yale University
On Michel Rosenfeld's The Identity Of The Constitutional Subject, Seyla Benhabib
Cardozo Law Review
No abstract provided.
Saluting Judge Philip Pro's Quarter Century Of Nevada District Service,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Saluting Judge Philip Pro's Quarter Century Of Nevada District Service, Carl Tobias
Nevada Law Journal
No abstract provided.
The Worst Supreme Court Case Ever? Identifying, Assessing, And Exploring Low Moments Of The High Court,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Worst Supreme Court Case Ever? Identifying, Assessing, And Exploring Low Moments Of The High Court, Jeffrey W. Stempel
Nevada Law Journal
No abstract provided.
