Is The Appearance Of Impropriety An Appropriate Standard For Disciplining Judges In The Twenty-First Century?,
2010
Boston University School of Law
Is The Appearance Of Impropriety An Appropriate Standard For Disciplining Judges In The Twenty-First Century?, Nancy J. Moore
Loyola University Chicago Law Journal
No abstract provided.
All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies And The Rule Of Law,
2010
Syracuse University
All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies And The Rule Of Law, Keith J. Bybee
College of Law - Faculty Scholarship
This paper contains the introduction to the new book, All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies and the Rule of Law (Stanford University Press, 2010).
The book begins with the observation that Americans are divided in their beliefs about whether courts operate on the basis of unbiased legal principle or of political interest. This division in public opinion in turn breeds suspicion that judges do not actually mean what they say, that judicial professions of impartiality are just fig leaves used to hide the pursuit of partisan purposes.
Comparing law to the practice of common courtesy, the …
Hearings,
2010
Northwestern University School of Law
Hearings, Mark Spottswood
Faculty Working Papers
This article explores a constantly recurring procedural question: When is fact-finding improved by a live hearing, and when would it be better to rely on a written record? Unfortunately, when judges, lawyers, and rulemakers consider this issue, they are led astray by the widely shared—but false—assumption that a judge can best determine issues of credibility by viewing the demeanor of witnesses while they are testifying. In fact, a large body of scientific evidence indicates that judges are more likely to be deceived by lying or mistaken witnesses when observing their testimony in person than if the judges were to review …
Federal Circuit Patent Precedent: An Empirical Study Of Institutional Authority And Ip Ideology,
2010
Northwestern University School of Law
Federal Circuit Patent Precedent: An Empirical Study Of Institutional Authority And Ip Ideology, David Pekarek-Krohn, Emerson H. Tiller
Faculty Working Papers
In this paper, we aim to better understand the institutional authority of the Federal Circuit as a source of law as well as the influence of pro-patent and anti-patent ideological forces at play between the Supreme Court, Federal Circuit, and the district courts. Our specific focus is on the district courts and how they cite Federal Circuit precedent relative to Supreme Court precedent to support their decisions, whether they be pro-patent or anti-patent. Using a variety of citation approaches and statistical tests, we find that federal district courts treat the Federal Circuit as more authoritative (compared to the Supreme Court) …
The Macroeconomic Court: Rhetoric And Implications Of New Deal Decision-Making,
2010
Northwestern University School of Law
The Macroeconomic Court: Rhetoric And Implications Of New Deal Decision-Making, Nancy Staudt, Yilei He
Faculty Working Papers
Supreme Court scholars have long discussed and debated the dramatic shift in constitutional decision-making that took place in the late 1930s—a shift that led the Justices to presume the constitutionality of any and all commercial statutes no matter how "preposterous" they might seem. The conventional wisdom holds that the Supreme Court altered its decision-making calculus to avoid the consequences of President Roosevelt's "court-packing plan," but various other explanations have also emerged in the literature over time. In this Article, Professor Staudt and Ms. He investigate an explanation that scholars and commentators have largely ignored: the role of the economy itself. …
Methodological Advances And Empirical Legal Scholarship: A Note On The Cox And Miles' Voting Rights Act Study,
2010
Northwestern University School of Law
Methodological Advances And Empirical Legal Scholarship: A Note On The Cox And Miles' Voting Rights Act Study, Nancy Staudt, Tyler Vanderweele
Faculty Working Papers
In this Response, we use Professors Cox and Miles' recent study of judicial decision-making to explore what is at stake when legal scholars present empirical findings without fully investigating the structural relationships of their data or without explicitly stating the assumptions being made to draw causal inferences. We then introduce a new methodology that is intuitive, easy to use, and, most importantly, allows scholars systematically to assess problems of bias and confounding. This methodology—known as causal directed acyclic graphs—will help empirical researchers to identify true cause and effect relationships when they exist and, at the same time, posit statistical models …
Economic Trends And Judicial Outcomes: A Macrotheory Of The Court,
2010
Northwestern University School of Law
Economic Trends And Judicial Outcomes: A Macrotheory Of The Court, Thomas Brennan, Lee Epstein, Nancy Staudt
Faculty Working Papers
In this symposium essay, we investigate the effect of economic conditions on the voting behavior of U.S. Supreme Court Justices. We theorize that Justices are akin to voters in political elections; specifically, we posit that the Justices will view short-term and relatively minor economic downturns—recessions—as attributable to the failures of elected officials, but will consider long-term and extreme economic contractions—depressions—as the result of exogenous shocks largely beyond the control of the government. Accordingly, we predict two patterns of behavior in economic-related cases that come before the Court: (1) in typical times, when the economy cycles through both recessionary and prosperous …
California Judicial Council's Commission For Impartial Courts,
2010
University of the Pacific, McGeorge School of Law
California Judicial Council's Commission For Impartial Courts, Ronald B. Robie, Richard Fybel, Mary-Beth Moylan
McGeorge Law Review
No abstract provided.
Some Lessons From The International Judicial Education Front,
2010
Washingon & Lee University
Some Lessons From The International Judicial Education Front, James E. Moliterno
McGeorge Law Review
No abstract provided.
Judicial Transparency, Judicial Ethics, And A Judicial Solution: An Inspector General For The Courts,
2010
Chapman University School of Law
Judicial Transparency, Judicial Ethics, And A Judicial Solution: An Inspector General For The Courts, Ronald D. Rotunda
Loyola University Chicago Law Journal
No abstract provided.
Unconscious Influences On Judicial Decision-Making: The Illusion Of Objectivity,
2010
Creighton University School of Law
Unconscious Influences On Judicial Decision-Making: The Illusion Of Objectivity, John F. Irwin, Daniel L. Real
McGeorge Law Review
No abstract provided.
Behavioral Psychology Of Judicial Corruption: A Response To Judge Irwin And Daniel Real, The,
2010
Cornell University
Behavioral Psychology Of Judicial Corruption: A Response To Judge Irwin And Daniel Real, The, W. Bradley Wendel
McGeorge Law Review
No abstract provided.
Understanding Caperton: Judicial Disqualification Under The Due Process Clause,
2010
Stanfor Center on the Legal Profession
Understanding Caperton: Judicial Disqualification Under The Due Process Clause, Dmitry Bam
McGeorge Law Review
No abstract provided.
Codifying Caperton V. A. T. Massey Coal Co.,
2010
Chapman University School of Law
Codifying Caperton V. A. T. Massey Coal Co., Ronald D. Rotunda
McGeorge Law Review
No abstract provided.
Should Judges Regulate Lawyers,
2010
University of Denver Sturn College of Law
National Judge: Some Reflections On Diversity In International Courts And Tribunals, The,
2010
Brandeis University
National Judge: Some Reflections On Diversity In International Courts And Tribunals, The, Leigh Swigart
McGeorge Law Review
No abstract provided.
Watergate, Judge Sirica, And The Rule Of Law,
2010
University of the Pacific
Watergate, Judge Sirica, And The Rule Of Law, Anthony J. Gaughan
McGeorge Law Review
No abstract provided.
Judicial Selection, Judicial Disqualification, And The Role Of Money In Judicial Campaigns,
2010
Indiana University Maurer School of Law
Judicial Selection, Judicial Disqualification, And The Role Of Money In Judicial Campaigns, Charles Gardner Geyh
McGeorge Law Review
No abstract provided.
Trends In Judicial Selection In The States,
2010
Georgetown University Law Center
Trends In Judicial Selection In The States, Maryl J. Chertoff
McGeorge Law Review
No abstract provided.
California Judicial Council's "Commission For Impartial Courts",
2010
Associate Justice of the California Court of Appeal
California Judicial Council's "Commission For Impartial Courts", Ronald B. Robie, Richard Fybel, Mary-Beth Moylan
McGeorge School of Law Scholarly Articles
No abstract provided.
