“In The Judge’S Heart:” Rethinking The Role Of Empathy In The Supreme Court Nomination And Confirmation Process,
2012
Cornell Law School, J.D. 2012
“In The Judge’S Heart:” Rethinking The Role Of Empathy In The Supreme Court Nomination And Confirmation Process, Louis H. Guard
Cornell Law School J.D. Student Research Papers
This paper addresses President Obama’s standard of “empathy” as a qualification for potential nominees to the Supreme Court. The paper seeks to germinate answers to questions surrounding the meaning and purpose of empathy as a quality for Supreme Court Justices and ways empathy might be effectively promoted moving forward. Working within the narrow but recent line of scholarship on empathy this paper supports the position that empathy is both a desirable and necessary quality for nominees to the Court. However, the paper and research also suggests that empathy should not be the only major defining quality considered by the president …
The Lay Of The Land: Examining The Three Opinions In J. Mcintyre Machinery, Ltd. V. Nicastro,
2012
Texas A&M University School of Law
The Lay Of The Land: Examining The Three Opinions In J. Mcintyre Machinery, Ltd. V. Nicastro, Adam N. Steinman
Faculty Scholarship
It was a long time coming. The Supreme Court's decisions last Term in J. McIntyre Machinery, Ltd. v. Nicastro and Goodyear Dunlop Tires Operations, S.A. v. Brown ended a two-decade high-court hiatus from the subject of personal jurisdiction. In McIntyre, the more controversial of the two, the Court concludes that New Jersey state courts lacked jurisdiction over a British manufacturer in a suit by a New Jersey plaintiff who was injured in New Jersey by a machine purchased by his New Jersey employer. McIntyre lacks a majority opinion, however. Instead we have a four-Justice plurality authored by Justice Kennedy, a …
Issue 4: Table Of Contents,
2012
University of Richmond
"Extraordinary Circumstances": The Legacy Of The Gang Of 14 And A Proposal For Judicial Nominations Reform,
2012
University of North Carolina School of Law
"Extraordinary Circumstances": The Legacy Of The Gang Of 14 And A Proposal For Judicial Nominations Reform, Michael Gerhardt, Richard Painter
University of Richmond Law Review
No abstract provided.
Filling The Judicial Vacancies In A Presidential Election Year,
2012
University of Richmond School of Law
Filling The Judicial Vacancies In A Presidential Election Year, Carl Tobias
University of Richmond Law Review
No abstract provided.
Ideology 'All The Way Down'? An Empirical Study Of Establishment Clause Decisions In The Federal Courts,
2012
University of St. Thomas School of Law
Ideology 'All The Way Down'? An Empirical Study Of Establishment Clause Decisions In The Federal Courts, Gregory C. Sisk, Michael Heise
Michigan Law Review
As part of our ongoing empirical examination of religious liberty decisions in the lower federal courts, we studied Establishment Clause rulings by federal court of appeals and district court judges from 1996 through 2005. The powerful role of political factors in Establishment Clause decisions appears undeniable and substantial, whether celebrated as the proper integration of political and moral reasoning into constitutional judging, shrugged off as mere realism about judges being motivated to promote their political attitudes, or deprecated as a troubling departure from the aspirational ideal of neutral and impartial judging. In the context of Church and State cases in …
The Lost Controversy Limitation Of The Federal Arbitration Act,
2012
Widener University School of Law
The Lost Controversy Limitation Of The Federal Arbitration Act, Stephen R. Friedman
University of Richmond Law Review
No abstract provided.
Special Feature: The Future Of Lay Adjudication In Korea And Japan,
2012
University of California, Santa Cruz
Special Feature: The Future Of Lay Adjudication In Korea And Japan, Hiroshi Fukurai, Valerie P. Hans
Cornell Law Faculty Publications
Three years after Korea introduced the jury system for the first time in its history, and two years following the Japanese introduction of a mixed court in which citizen and professional judges decide serious criminal cases, the Second East Asian Law and Society Conference was held on September 30th and October 1st, 2011 in the vibrant city of Seoul, South Korea. This Special Issue of the Yonsei Law Journal offers an opportunity to present work on some of the key issues that were discussed and debated at this remarkable conference. In particular, the special issue offers new research on the …
Chief Justices Marshall And Roberts And The Non-Self-Execution Of Treaties,
2012
Georgetown University Law Center
Chief Justices Marshall And Roberts And The Non-Self-Execution Of Treaties, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
This article is a response to David L. Sloss, Executing Foster v. Neilson: The Two-Step Approach to Analyzing Self-Executing Treaties, 53 Harv. Int'l L L.J. 135 (2012).
David Sloss’s article, Executing Foster v. Neilson, is an important contribution to the literature on the judicial enforcement of treaties. The author agrees with much of it, as he agrees with much of Professor Sloss’ other writing on treaties. In particular, the author agrees that the two-step approach to treaty enforcement that Professor Sloss proposes is generally the right approach, and he agrees that the “intent-based” approach to the self-execution issue …
Agenda: A Life Of Contributions For All Time: Symposium In Honor Of David H. Getches,
2012
University of Colorado Law School
Agenda: A Life Of Contributions For All Time: Symposium In Honor Of David H. Getches, University Of Colorado Boulder. School Of Law, University Of Colorado Law Review
A Life of Contributions for All Time: Symposium in Honor of David H. Getches (April 26-27)
On April 26-27, 2012, Colorado Law honored David H. Getches with a symposium to celebrate his life and legacy of trailblazing scholarship. “A Life of Contributions for All Time” featured a keynote address by Distinguished Professor Charles Wilkinson entitled, “Hero for the People, Hero for the Land and Water: Reflections on the Enduring Contributions of David Getches.” Top scholars in the fields of natural resources, water, and American Indian law reflected on Dean Getches’ contributions and their own insights into these fields, including Professor John Leshy, John Echohawk, Professor Carole Goldberg, Professor Joe Sax, Professor Rebecca Tsosie, Justice Greg Hobbs, …
The Rule Of Law For Judges,
2012
Pepperdine University
The Rule Of Law For Judges, Thomas M. Reavley
Pepperdine Law Review
No abstract provided.
Judicial Efficiency In Asbestos Litigation,
2012
Pepperdine University
Judicial Efficiency In Asbestos Litigation, Alfred Chiantelli
Pepperdine Law Review
No abstract provided.
Meaningful Information, Meaningful Retention,
2012
New England Law | Boston
Meaningful Information, Meaningful Retention, Jordan M. Singer
The Docket
Jordan M. Singer reflects on the uncertain future of judicial retention elections, in response to Todd E. Pettys's Judicial Retention Elections, the Rule of Law, and the Rhetorical Weaknesses of Consequentialism, 60 Buff. L. Rev. 69.
Modern Odysseus Or Classic Fraud - Fourteen Years In Prison For Civil Contempt Without A Jury Trial, Judicial Power Without Limitation, And An Examination Of The Failure Of Due Process,
2012
Barry University
Modern Odysseus Or Classic Fraud - Fourteen Years In Prison For Civil Contempt Without A Jury Trial, Judicial Power Without Limitation, And An Examination Of The Failure Of Due Process, Mitchell J. Frank
Faculty Scholarship
No abstract provided.
Assessing And Addressing The Problems Caused By Life Tenure On The Supreme Court,
2012
University of Arkansas Little Rock
Assessing And Addressing The Problems Caused By Life Tenure On The Supreme Court, Philip D. Oliver
The Journal of Appellate Practice and Process
No abstract provided.
Chief Justice Christine M. Durham: Trailblazer, Pioneer, Exemplar,
2012
University of Arkansas at little Rock William H. Bowen School of Law
Chief Justice Christine M. Durham: Trailblazer, Pioneer, Exemplar, André Douglas Pond Cummings
Law Faculty Scholarship
In 1978, Christine M. Durham was appointed, in a historic moment, to serve as trial judge to the third judicial district court in the state of Utah by then Governor Scott Matheson. Lost in the appropriate fanfare connected to her groundbreaking appointment as the first woman to serve as a general jurisdiction judge in the state of Utah, was the fact that she would also become the youngest person ever appointed to a judicial post in that great state. Just four years later, this young thirty-something female judge would be elevated by Matheson to sit on the Supreme Court of …
Derrick Bell: Godfather Provocateur,
2012
University of Arkansas at little Rock William H. Bowen School of Law
Derrick Bell: Godfather Provocateur, André Douglas Pond Cummings
Law Faculty Scholarship
Professor Derrick Bell, the originator and founder of Critical Race Theory, passed away on October 5, 2011 at the age of 80. Around the world he is considered a hero, mentor, friend and exemplar. Known as a creative innovator and agitator, Professor Bell often sacrificed his career in the name of principles and objectives, inspiring a generation of scholars of color and progressive lawyers everywhere. Bell resigned a tenured position on the Harvard Law School faculty to protest Harvard’s refusal to hire and tenure women of color onto its law school faculty. For the past twenty years, Professor Bell taught …
The Judge And Extrajudicial Conduct: Challenges, Lessons Learned, And A Proposed Framework For Assessing The Propriety Of Pursuing Activities Beyond The Bench,
2012
New York Court of Appeals
The Judge And Extrajudicial Conduct: Challenges, Lessons Learned, And A Proposed Framework For Assessing The Propriety Of Pursuing Activities Beyond The Bench, Jonathan Lippman
Cardozo Law Review
No abstract provided.
Actual Versus Perceived Performance Of Judges,
2012
Cornell Law School
Actual Versus Perceived Performance Of Judges, Theodore Eisenberg, Talia Fisher, Issi Rosen-Zvi
Cornell Law Faculty Publications
No abstract provided.
Antiformalism At The Federal Circuit: The Jurisprudence Of Chief Judge Rader,
2012
University of Washington School of Law
Antiformalism At The Federal Circuit: The Jurisprudence Of Chief Judge Rader, Peter Lee
Washington Journal of Law, Technology & Arts
Commentators have long noted that the Federal Circuit tends to produce formalistic patent doctrine that favors bright-line rules over extensive engagement with facts and context. This Article, however, argues that Chief Judge Rader’s approach to patent law diverges sharply from this methodological tendency. In particular, it explores Chief Judge Rader’s rejection of formalism by examining his contributions to three areas of patent doctrine: claim construction, patentable subject matter, and the written description requirement. Throughout his engagement with patent law, Chief Judge Rader exhibits a striking sensitivity to context, policy considerations, and exogenous sources of authority that distinguishes himself from his …
