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Acontextual Judicial Review, Louis Michael Seidman 2011 Georgetown University Law Center

Acontextual Judicial Review, Louis Michael Seidman

Cardozo Law Review

No abstract provided.


India And Pakistan: A Tale Of Judicial Appointments, Shubhankar DAM 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).


Listening To Victims, Jayne W. Barnard 2011 William & Mary Law School

Listening To Victims, Jayne W. Barnard

Faculty Publications

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, Ellen D. Katz 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, Lori A. Ringhand, Paul M. Collins Jr. 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 …


The Substantive Independence Of The Judiciary Under The Constitutions Of Bangladesh And Malaysia : A Comparative Study., M. Ehteshamul Bari 2011 Universiti Malaya

The Substantive Independence Of The Judiciary Under The Constitutions Of Bangladesh And Malaysia : A Comparative Study., M. Ehteshamul Bari

Student Works (2010-2019)

The present research work, a comparative study as to the existing systems of appointment of judges in Malaysia and Bangladesh which is undertaken to examine its strengths and understrengths and to recommend a suitable mode for appointing judges of the superior courts for excluding patronage appointment and ensuring the appointment of men ‘of stern stuff and tough fibre, unbending before power’ in the higher judiciary, is divided into five chapters. The essence of each of the chapter is as follows: Chapter I deals with the ‘Introduction’ in which role of the judiciary, development of the concept of the independence of …


Judicial Opinion Writing: An Annotated Bibliography, Ruth C. Vance 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, Todd C. Peppers 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, Todd C. Peppers, Chad M. Oldfather 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, Marshall S. Shapo 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, Sande L. Buhai, Ved Kumari, Amari Omaka C., Stephen A. Rosenbaum, Supriya Routh, Anne Taylor 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, Brandeis Institute for International Judges 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, Jonathan L. Entin 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, Georgetown University Law Center, Supreme Court Institute 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, Lori A. Ringhand, Paul M. Collins Jr. 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.


Legal Integration In The Andes: Law-Making By The Andean Tribunal Of Justice, Laurence R. Helfer, Karen J. Alter 2011 Duke Law School

Legal Integration In The Andes: Law-Making By The Andean Tribunal Of Justice, Laurence R. Helfer, Karen J. Alter

Faculty Scholarship

The Andean Tribunal of Justice (ATJ) is a copy of the European Court of Justice (ECJ), and the third most active international court. This article reviews our findings based on an original coding of all ATJ preliminary rulings from 1984 to 2007, and over forty interviews in the region. We then compare Andean and European jurisprudence in three key areas: whether the tribunals treat the founding integration treaties as constitutions for their respective communities, whether the ATJ and ECJ have implied powers for community institutions that are not expressly enumerated in the founding treaties, and how the tribunals conceive of …


The Law And Policy Of Judicial Retirement, Mitu Gulati, Stephen J. Choi, Eric A. Posner 2011 Duke Law School

The Law And Policy Of Judicial Retirement, Mitu Gulati, Stephen J. Choi, Eric A. Posner

Faculty Scholarship

Lifetime tenure maximizes judicial independence by shielding judges from political pressures, but it creates problems of its own. As is widely known, judges with judicial independence may implement their political preferences or shirk in other ways. Less attention has been given to another problem: that judges will remain in office after their abilities degrade as a result of old age. The U.S. federal system addresses these problems in an indirect way. When judges’ pensions vest, they receive a full salary regardless of whether they work or not; thus, the effective compensation for judicial work falls to zero. Judges can retire, …


Judicial Activism And The Interpretation Of The Voting Rights Act, Luis Fuentes-Rohwer 2011 Indiana University Maurer School of Law

Judicial Activism And The Interpretation Of The Voting Rights Act, Luis Fuentes-Rohwer

Articles by Maurer Faculty

From the moment the U.S. Supreme Court first confronted the difficult constitutional questions at the heart of the Voting Rights Act, its posture has been one of deference. This posture has continued to this day. In contrast, the Court has interpreted the language of the Act dynamically, often in total disregard to the text of the law or the intent of Congress. But as this Article explains, the Roberts Court appears poised to unsettle this longstanding narrative. The Act is in serious constitutional danger. One way to explain this move on the part of the Court is by invoking the …


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 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), David H. Gans, Douglas T. Kendall 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.


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