Judges Commons^™

Tending To Potted Plants: The Professional Identity Vacuum In Garcetti V. Ceballos, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.

Circumstance And Strategy: Jointly Authored Supreme Court Opinions, Laura Krugman Ray

Nevada Law Journal

No abstract provided.

The Constitutionality Of Federal Jurisdiction-Stripping Legislation And The History Of State Judicial Selection And Tenure, Brian T. Fitzpatrick

Vanderbilt Law School Faculty Publications

Few questions in the field of Federal Courts have captivated scholars like the question of whether Congress can simultaneously divest both lower federal courts and the U.S. Supreme Court of jurisdiction to hear federal constitutional claims and thereby leave those claims to be litigated in state courts alone. Such a divestiture is known today as “jurisdiction stripping,” and, despite literally decades of scholarship on the subject, scholars have largely been unable to reconcile two widely held views: jurisdiction stripping should be unconstitutional because it deprives constitutional rights of adjudication by independent judges and jurisdiction stripping is nonetheless perfectly consistent with …

Hiding Behind The Cloak Of Invisibility: The Supreme Court And Per Curiam Opinions, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Per curiam--literally translated from Latin to "by the court"-is defined by Black's Law Dictionary as "[a]n opinion handed down by an appellate court without identifying the individual judge who wrote the opinion." Accordingly the author of a per curiam opinion is meant to be institutional rather than individual, attributable to the court as an entity rather than to a single judge The United States Supreme Court issues a significant number of per curiam dispositions each Term. In the first six years of Chief Justice John Roberts’ tenure, almost nine percent of the Court full opinions were per curiams. The prevalence …

Supreme Court Institute Annual Report, 2011-2012, Georgetown University Law Center, Supreme Court Institute

SCI Papers & Reports

During the 2011-2012 academic year--corresponding to the U.S. Supreme Court’s October Term (OT) 2011--the Supreme Court Institute (SCI) provided moot courts for advocates in over 94% of the cases heard by the Court this Term and offered over a dozen programs related to the Supreme Court. All SCI moot courts held in OT 2011, listed by sitting and date of moot, and including the name and affiliation of each advocate and the number of student observers, follows the narrative portion of this report.

Swing Votes On The Current Supreme Court: The Joint Opinion In Casey And Its Progeny, R. Randall Kelso, Charles D. Kelso

Pepperdine Law Review

No abstract provided.

“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 …

"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, Carl Tobias

University of Richmond Law Review

No abstract provided.

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 …

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 …

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 …

Issue 4: Table Of Contents

University of Richmond Law Review

No abstract provided.

The Lost Controversy Limitation Of The Federal Arbitration Act, Stephen R. Friedman

University of Richmond Law Review

No abstract provided.

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 …

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, Thomas M. Reavley

Pepperdine Law Review

No abstract provided.

Judicial Efficiency In Asbestos Litigation, Alfred Chiantelli

Pepperdine Law Review

No abstract provided.

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, Mitchell J. Frank

Faculty Scholarship

No abstract provided.