What Is A Judicial Author?,
2011
Mercer University School of Law
What Is A Judicial Author?, Peter Friedman
Mercer Law Review
Martha Woodmansee has pointed out that
the law has yet to be affected by the "critique of authorship" initiated by Foucault and carried forward in the rich variety of post-structuralist research that has characterized literary studies during the last two decades. Indeed, . . . it would seem that as creative production becomes more corporate, collective, and collaborative, the law invokes the Romantic author all the more insistently.
Woodmansee wrote about the conceptions of authorship that legal institutions bring to bear in deciding copyright-related disputes.2 Nevertheless, the law's ignorance of the "critique of authorship" includes a willful ignorance of the …
Modeling The Congressional End-Run Constraint,
2011
University of Louisville School of Law
Modeling The Congressional End-Run Constraint, Luke M. Milligan
University of Richmond Law Review
No abstract provided.
Listening To Victims,
2011
William & Mary Law School
India And Pakistan: A Tale Of Judicial Appointments,
2011
Singapore Management University
India And Pakistan: A Tale Of Judicial Appointments, Shubhankar Dam
Research Collection Yong Pung How School Of Law
Recent judicial appointments in India and Pakistan have led to battles between their respective judicial and executive branches. In a moment of remarkable constitutional coincidence, two appointments were set aside in India and Pakistan last week. First, India's Supreme Court invalidated the appointment of P. J. Thomas to the Central Vigilance Commission (CVC). Days later, Pakistan's Supreme Court invalidated Deedar Shah's appointment to the National Accountability Bureau (NAB).
Acontextual Judicial Review,
2011
Georgetown University Law Center
Acontextual Judicial Review, Louis Michael Seidman
Cardozo Law Review
No abstract provided.
Arizona Free Enterprise Club's Freedom Club Pac V. Bennett, Et Al.: Brief For Amici Curiae Professors Of Constitutional And Election Law In Support Of Respondents,
2011
University of Michigan Law School
Arizona Free Enterprise Club's Freedom Club Pac V. Bennett, Et Al.: Brief For Amici Curiae Professors Of Constitutional And Election Law In Support Of Respondents, Ellen D. Katz
Appellate Briefs
Amici states confront significant issues of citizen confidence in both state and national governments. We wish to share our view that public financing of state elections should remain available as a tool to restore public confidence.
While specific sources of discontent vary from state to state, at the root of the problem is a sense of powerlessness among the citizenry, powerlessness in the face of large governments and other ever larger financial and business institutions. Whatever one may think of changes proposed by the Tea Party movement, its existence may be traced rather directly to the frustration of ordinary people …
May It Please The Senate: An Empirical Analysis Of The Senate Judiciary Committee Hearings Of Supreme Court Nominees, 1939-2009,
2011
University of Georgia School of Law
May It Please The Senate: An Empirical Analysis Of The Senate Judiciary Committee Hearings Of Supreme Court Nominees, 1939-2009, Lori A. Ringhand, Paul M. Collins Jr.
Scholarly Works
This paper examines the questions asked and answers given by every Supreme Court nominee who has appeared to testify before the Senate Judiciary Committee since 1939. In doing so, it uses a new dataset developed by the authors. This database, which provides a much-needed empirical foundation for scholarship in emerging areas of constitutional law and political science, captures all of the statements made at the hearings and codes these comments by issue area, subissue area, party of the appointing president, and party of the questioning senator. The dataset allows us to quantify for the fist time such things as which …
Judicial Opinion Writing: An Annotated Bibliography,
2011
Valparaiso University School of Law
Judicial Opinion Writing: An Annotated Bibliography, Ruth C. Vance
Law Faculty Publications
No abstract provided.
Justice Hugo Black And His Law Clerks: Match-Making And Match Point,
2011
Washington and Lee University School of Law
Justice Hugo Black And His Law Clerks: Match-Making And Match Point, Todd C. Peppers
Scholarly Articles
Like other Justices on the Supreme Court, Justice Black hired law clerks to assist with the work of the Court. Each year, his law clerks would assist in reviewing cert. petitions, doing legal research, and editing opinion drafts. These job duties, however, were only one dimension of the Black clerkship. As the Justice himself once remarked to a law-clerk applicant, “I don’t pick my law clerks for what they can do for me, I pick my law clerks for what I can do for them.”
Till Death Do Us Part: Chief Justices And The United States Supreme Court,
2011
Washington and Lee University School of Law
Till Death Do Us Part: Chief Justices And The United States Supreme Court, Todd C. Peppers, Chad M. Oldfather
Scholarly Articles
In this Essay, we identify and explore an additional institutional difficulty, which bridges these last two components of the proposed Act. Prior commentary has chronicled the phenomenon of Justices serving beyond the point at which they are able to perform their duties. It has also addressed the unique powers and responsibilities of the Chief Justice, with some arguing that the administrative aspects of the role should be divorced from the effectively life tenure associated with a position on the Court. We wish to highlight a connection. The unique powers and responsibilities of the center chair may make Chief Justices even …
An Essay On Torts: States Of Argument,
2011
Northwestern University School of Law
An Essay On Torts: States Of Argument, Marshall S. Shapo
Faculty Working Papers
This essay summarizes high points in torts scholarship and case law over a period of two generations, highlighting the "states of argument" that have characterized tort law over that period. It intertwines doctrine and policy. Its doctrinal features include the tradtional spectrum of tort liability, the duty question, problems of proof, and the relative incoherency of damages rules. Noting the cross-doctrinal role of tort as a solver of functional problems, it focuses on major issues in products liability and medical malpractice. The essay discusses such elements of policy as the role of power in tort law, the tension between communitarianism …
The Role Of Law Schools In Educating Judges To Increase Access To Justice,
2011
Loyola Law School
The Role Of Law Schools In Educating Judges To Increase Access To Justice, Sande L. Buhai, Ved Kumari, Amari Omaka C., Stephen A. Rosenbaum, Supriya Routh, Anne Taylor
Global Business & Development Law Journal
No abstract provided.
Toward An International Rule Of Law,
2011
University of the Pacific
Toward An International Rule Of Law, Brandeis Institute For International Judges
Global Business & Development Law Journal
No abstract provided.
Getting What You Pay For: Judicial Compensation And Judicial Independence,
2011
Case Western Reserve University School of Law
Getting What You Pay For: Judicial Compensation And Judicial Independence, Jonathan L. Entin
Faculty Publications
No abstract provided.
Supreme Court Institute Annual Report, 2010-2011,
2011
Georgetown University Law Center
Supreme Court Institute Annual Report, 2010-2011, Georgetown University Law Center, Supreme Court Institute
SCI Papers & Reports
During the 2010-2011 academic year--corresponding to the U.S. Supreme Court’s October Term (OT) 2010--the Supreme Court Institute (SCI) provided moot courts for advocates in over 93% of the cases heard by the Court this Term; sponsored a range of programming related to the Supreme Court; and hosted delegations of lawyers and judges visiting from Britain, Rwanda, Kosovo, Korea, China, and Germany. A list of all SCI moot courts held in OT 2010, 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 …
May It Please The Senate: An Empirical Analysis Of The Senate Judiciary Committee Hearings Of Supreme Court Nominees, 1939-2009,
2011
American University Washington College of Law
May It Please The Senate: An Empirical Analysis Of The Senate Judiciary Committee Hearings Of Supreme Court Nominees, 1939-2009, Lori A. Ringhand, Paul M. Collins Jr.
American University Law Review
No abstract provided.
Reshaping The Traditional Limits Of Affirmative Duties Under The Third Restatement Of Torts, 44 J. Marshall L. Rev. 319 (2011),
2011
UIC School of Law
Reshaping The Traditional Limits Of Affirmative Duties Under The Third Restatement Of Torts, 44 J. Marshall L. Rev. 319 (2011), Victor E. Schwartz, Christopher E. Appel
UIC Law Review
No abstract provided.
A Capitalist Joker: The Strange Origins, Disturbing Past, And Uncertain Future Of Corporate Personhood In American Law, 44 J. Marshall L. Rev. 643 (2011),
2011
UIC School of Law
A Capitalist Joker: The Strange Origins, Disturbing Past, And Uncertain Future Of Corporate Personhood In American Law, 44 J. Marshall L. Rev. 643 (2011), David H. Gans, Douglas T. Kendall
UIC Law Review
No abstract provided.
Differentiating The Federal Circuit,
2011
The Catholic University of America, Columbus School of Law
Differentiating The Federal Circuit, Elizabeth I. Winston
Scholarly Articles
In 1982, Congress created the United States Court of Appeals for the Federal Circuit. Often referred to as an experiment, the Federal Circuit has flourished. Born again from the ashes of its predecessors, the aptly nicknamed Phoenix Court continues to grow in significance, stature, and strength. As it grows, however, the court remains rooted in its history and in its unique nature. This Article explores the Federal Circuit’s structure and its impact on the development of Federal Circuit jurisprudence. The Federal Circuit is distinguishable by more than its national jurisdiction – the very essence of the court sets it apart …
Explaining Constitutional Review In New Democracies: The Case Of Taiwan,
2011
University of Washington School of Law
Explaining Constitutional Review In New Democracies: The Case Of Taiwan, Nuno Garoupa, Veronica Grembi, Shirley Ching-Ping Lin
Washington International Law Journal
This paper extends the empirical analysis of the determinants of judicial behavior by considering the Taiwanese case. Taiwan is a particularly interesting case because the establishment and development of constitutional review corresponds to a political transition from an authoritarian regime dominated by one party to an emerging democracy. We test the attitudinal hypothesis by making use of a new dataset of ninety-seven decisions issued by the Taiwanese constitutional court in the period between 1988 and 2008. The attitudinal hypothesis is that the Taiwanese constitutional judges respond to party interests, either because their preferences coincide with the appointer or because they …
