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 …
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 …
Developments In The Jurisprudence On The Use Of Experts,
2012
University of Washington School of Law
Developments In The Jurisprudence On The Use Of Experts, Marilyn L. Huff
Washington Journal of Law, Technology & Arts
No abstract provided.
Celebrating Contributions Of Chief Judge Rader To Patent Infringement Jurisprudence,
2012
University of Washington School of Law
Celebrating Contributions Of Chief Judge Rader To Patent Infringement Jurisprudence, Katherine E. White
Washington Journal of Law, Technology & Arts
Chief Judge Rader’s judicial opinions contribute significantly to patent infringement jurisprudence. He writes from a teacher’s perspective, providing context and a clear lens through which legal issues may be examined. His deep reverence for the rule of law pervades his opinions, as he injects a cadre of principles governing his approach. Each opinion builds a foundation made of consistency and clarity in upholding the fundamental purposes underlying the patent grant.
Discretionary (In)Justice: The Exercise Of Discretion In Claims For Asylum,
2012
Barry University School of Law
Discretionary (In)Justice: The Exercise Of Discretion In Claims For Asylum, Kate Aschenbrenner
University of Michigan Journal of Law Reform
Section 208(a) of the Immigration and Nationality Act provides that asylum may be granted to an applicant who meets the definition of a refugee-that is, someone who has been persecuted or has a well-founded fear of future persecution in her own country on account of race, religion, nationality, political opinion, or membership in a particular social group. Asylum is a discretionary form of relief which means that the United States government is not required to grant asylum to every refugee within the United States but instead may decide whether or not to do so. This Article sets out in Part …
When Good Enough Is Not Good Enough,
2012
University of Michigan Law School
When Good Enough Is Not Good Enough, Karl Stampfl
Michigan Law Review
According to conventional wisdom, the state of statutory interpretation is not strong. Its canons of construction-noscitur a sociis, ejusdem generis, expressio unius est exclusio alterius, reddendo singula singulis, and more than a few others-are a morass of Latin into which many law students and even judges have sunk. Its practitioners are unprincipled. Its doctrines are muddied. Its victims are many. In short, the system is broken-unless, of course, it is not. In The Language of Statutes: Laws and Their Interpretation, Lawrence M. Solan slices through the rhetoric, the fighting, and the law-review-article histrionics in an attempt to show that the …
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.
The Filibuster Of Judicial Nominations: Constitutional Crisis Or Politics As Usual?,
2012
Pepperdine University
The Filibuster Of Judicial Nominations: Constitutional Crisis Or Politics As Usual?, Arthur L. Rizer Iii
Pepperdine Law Review
No abstract provided.
Have We Come Full Circle? Judicial Sentencing Discretion Revived In Booker And Fanfan,
2012
Pepperdine University
Have We Come Full Circle? Judicial Sentencing Discretion Revived In Booker And Fanfan, Sandra D. Jordan
Pepperdine Law Review
The much anticipated Supreme Court decision in United States v. Booker and Fanfan has both invalidated the mandatory nature of the federal Sentencing Guidelines as well as restored judicial discretion for federal judges. With the Booker decision there is a renewed opportunity to correct some of the imbalance that came about as a result of the mandatory guidelines and the sentencing policies of the past twenty years. Booker has implications for all future sentencing as the power between the judiciary and the jury has been realigned and the power of the government has been reduced. Sentencing cannot accomplish legitimate goals …
Judicial Recusal And Disqualification: The Need For A Per Se Rule On Friendship (Not Acquaintance),
2012
Pepperdine University
Judicial Recusal And Disqualification: The Need For A Per Se Rule On Friendship (Not Acquaintance), Jeremy M. Miller
Pepperdine Law Review
Legal Ethics rules have become both more objective and more specific. There are already enemy rules for recusal. The recent debacle of the Antonin Scalia/Dick Cheney hunting trip when VP Cheney was a named defendant, and Scalia's refusal to disqualify himself shows there is a problem. But Scalia was correct, friendship does not mandate recusal. However, friendship, properly defined, as herein, must be added to the recusal factors. Former Chief Justice Rehnquist refusing to disqualify himself when he was involved in a lower court case as prosecutor caused an analogous change in the judicial conduct rules. This paper traces case …
"Of A Judiciary Nature": Observations On Chief Justice's First Opinions,
2012
Pepperdine University
"Of A Judiciary Nature": Observations On Chief Justice's First Opinions, Diane S. Sykes
Pepperdine Law Review
No abstract provided.
Mediation By Judges: A New Phenomenon In The Transformation Of Justice ,
2012
Pepperdine University
Mediation By Judges: A New Phenomenon In The Transformation Of Justice , Louise Otis, Eric H. Reiter
Pepperdine Dispute Resolution Law Journal
This article has three principal parts. In the first, we present an overview of judicial mediation and how it responds to some of the perceived problems with the classical model of adjudication. In this analysis, we draw especially on the experience with judicial mediation at the appellate level at the Quebec Court of Appeal. In the second part, we examine the unfolding of the mediation process itself, using an annotated guide to judicial mediation to address broader issues of both practical and theoretical concern. In the third part, we consider the crucial question of ethics in mediation, signaling some of …
Alternative Dispute Resolution And Court-Appointed Experts ,
2012
Pepperdine University
Alternative Dispute Resolution And Court-Appointed Experts , Joseph R. Slights Iii, Mark G. Haug
Pepperdine Dispute Resolution Law Journal
This article shamelessly borrows its subtitles-the Court's Tale and the Expert's Tale-from Chaucer's tale-telling. The two tales examine the life cycle of a case utilizing a court-appointed expert. The Court's Tale begins with a presumption against the court-appointed expert. Certain characteristics of a dispute, however, may be sufficient to rebut this presumption. The Court's Tale tells of one such case. The case involved complex damage calculations and irreconcilable positions that invite an objective analysis. The article then turns toward the Expert's Tale which describes how an expert helped resolve the problem. Following the Expert's Tale, the court assesses the outcome …
A Tribute To Matt Byrne,
2012
Pepperdine University
Friend, Mentor, Colleague: A Tribute To Judge Matt Byrne,
2012
Pepperdine University
Friend, Mentor, Colleague: A Tribute To Judge Matt Byrne, Pamela Rymer
Pepperdine Law Review
No abstract provided.
Judge William Matthew Byrne: An Irish Reflection,
2012
Pepperdine University
Judge William Matthew Byrne: An Irish Reflection, Mark H. Tuohey Iii
Pepperdine Law Review
No abstract provided.
Remarks Matt Byrne Memorial June 23, 2006,
2012
Pepperdine University
Remarks Matt Byrne Memorial June 23, 2006, Ron L. Olson
Pepperdine Law Review
No abstract provided.
