Judges Commons^™

Judicial Reform From The Inside Out, Daniel Epps, Marin K. Levy

Faculty Scholarship

The Judiciary Act of 1925, the subject of this Symposium, is known as “the Judges Bill” for a reason. The Justices of the Supreme Court, and Chief Justice Taft in particular, produced the Act and persuaded Congress to enact it. To modern eyes, such efforts seem indecorous, perhaps even scandalous. But in fact, Supreme Court Justices and other federal judges have been extensively involved in judicial reform throughout American history. This Essay examines participation by federal judges in judicial reform efforts—what we call judicial reform from the inside out.

We survey examples of judges participating in reform debates from across …

Alternatives To Delaware? Evaluating Corporate Law In Nevada, Texas, And Wyoming, Joseph Landau, Bailey Swartz, Anthony Rickey, Robert Ragazzo, Benjamin Edwards, George A. Mocsary

Fordham Journal of Corporate & Financial Law

No abstract provided.

Medical Review Officers And The Limits Of Judicial Review, Leonard C. Brahin

Mitchell Hamline Law Review

In the public imagination, defenders of our national security wear military garb. But the individuals who determine their fitness-for-duty wear white coats. The unenviable task of assessing those who make up our national security workforce is carried out by a group of independent physicians who must make nuanced determinations about illicit drug and alcohol use by government employees. In addition to testing roles that may seem unexciting, like accountants and auditors, medical review officers (MROs) are tasked with ensuring employees of nuclear power plants and commercial drivers are fit for duty. In doing so, they rely on their experience, expertise, …

Scienter Potentia Est: The Case For The Presumption Of Use Standard In Insider Trading, Audrey Nelson

Fordham Journal of Corporate & Financial Law

Is it possible to accidentally insider trade? The Supreme Court has held that scienter is a necessary element of all § 10(b) and Rule 10b-5 actions, but the federal appeals courts are split on how the scienter requirement applies to insider trading cases. In a non-insider- trading § 10(b) case, the Supreme Court stated that § 10(b) scienter requires intentional misconduct. Although the Supreme Court has not heard a case specifically about the scienter element in the context of insider trading, those who support a use requirement claim that the § 10(b) scienter element requires the plaintiff to show that …

War Courts: Fdr, National Security, And The War On Terrorism, Harvey Gee

Dickinson Law Review (2017-Present)

No abstract provided.

Dobbs V. Brown, Benjamin H. Barton

Dickinson Law Review (2017-Present)

Dobbs v. Jackson Women’s Health Organization1is the most important and impactful Supreme Court decision since at least Roe v. Wade, and potentially since Brown v. Board of Education. Past survey data show that most Americans can only name two Supreme Court opinions: Roe and Brown. Dobbs will surely join that list. This Article compares the history, drafting, and opinions of Dobbs and Brown to show what a missed opportunity Dobbs represents. Regardless of whether you agree or disagree with the opinion, it should be clear that Dobbs was one of those unique times (like that of Brown) where the Court …

Structuring The President’S Removal Power: An Agency-Specific Approach, Peter Margulies

American University Law Review

Recent Supreme Court decisions have taken a broad view of the President’s power to remove executive branch officials. According to the Court, the President’s Article II obligation to “take Care that the Laws be faithfully executed” generally requires that the President have authority to remove officials at will. The Court has thus far declined to overrule Humphrey’s Executor v. United States, a 1935 decision upholding “forcause” restrictions on removal for multi-member “quasi-judicial” bodies such as the Federal Trade Commission (FTC). Nonetheless, recent Court decisions have eroded the rationale in the earlier case, which has received additional attention because of efforts …

The Hidden Verdict: Measuring Implicit Bias In Juror Decision-Making, Gina Dudley

Psychology | Senior Theses

This experiment examines the influence of implicit bias awareness on juror decision-making in cases involving Hispanic defendants. Explicitly, it tests three hypotheses: (1) bias-educated jurors will demonstrate lower conviction rates for Hispanic defendants, (2) these jurors will report higher confidence in their verdicts, and (3) they will show greater awareness of how their previous experiences influence their decision-making. This experiment uses a mock jury paradigm to investigate whether bias awareness interventions affect verdict decisions and juror confidence levels in cases with Hispanic defendants. Ninety participants were randomly assigned to receive or not receive implicit bias education before reviewing a case …

Art. Iii-Gpt, Nick Mckinley

Catholic University Journal of Law and Technology

This article recommends the development and deployment of an Artificial Intelligence (AI) large language model (LLM) tool by and for the federal judiciary. LLMs are revolutionizing legal practice, and judges should accordingly be familiar and in regular practice with LLM technology. LLMs can greatly assist the courts by increasing operational efficiency and public access to justice. Particularly, LLMs can improve efficiency in legal research, legal writing, and administration. LLMs present limitations or potential problems in the form of prompt dependency and harmful bias, limitations of data in their training sets, privacy and confidentiality, and the production of false or fabricated …

Civic Virtue: Judge William E. Smith's Gifts To Rwu Law, Michael J. Yelnosky

Roger Williams University Law Review

No abstract provided.

Rev. Dr. Martin Luther King, Jr. Celebration Lecture January 24, 2025, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

For The Reasons Elucidated Above: Lessons From Judge Selya On Law, Writing, And Life, Stefanie D. Fischer, Colten H. Erickson

Roger Williams University Law Review

No abstract provided.

To Free A Predator: The Flawed Rationale For Overturning Bill Cosby’S Conviction, Michael C. Kovac

Dickinson Law Review (2017-Present)

No abstract provided.

Court Review: Journal Of The American Judges Association, Vol. 61, No. 2, Eve M. Brank, David J. Dreyer, Reba Ann Page, Jane Manning

Court Review: Journal of the American Judges Association

Contents

Understanding GenAI What Courts Should Know, AI Rapid Response Team of the National Center for State Courts

Large Language Models, Newer, More Powerful Large Reasoning Models, and the Courts, Pablo Arredondo and Javed Qadrud-Din

Any Sufficiently Transparent Magic... Damien Patrick Williams

Principles and Practices for Using AI, Thomson Reuters Institute/National Center for State Courts

Evidentiary Issues Raised by Artificial Intelligence, Thomson Reuters Institute/National Center for State Courts

Bench Card: Acknowledged AI-Generated Evidence, Thomson Reuters Institute/National Center for State Courts

Bench Card: Evaluating Unacknowledged AI-Generated Evidence, Thomson Reuters Institute/National Center for State Courts

Want to Know More About AI? ABA …

Court Review: Journal Of The American Judges Association, Vol. 61, No. 3 & 4, Eve M. Brank, David J. Dreyer, Reba Ann Page

Court Review: Journal of the American Judges Association

Contents

Civil Cases in the Supreme Court’s October Term 2024, Thomas M. Fisher

Consensus and Conflict Over Context: Select Criminal Law and Procedure Cases from the Supreme Court’s 2024-25 Term, Eve Brensike Primus and Elena Schultz

Yes, There’s a Public Trust Crisis but Your Daily Efforts Can Reverse It, Emily LaGratta and Tom R. Tyler

Was That Wrong? Spontaneity’s Role in Judicial Discipline Allegations, John W. Valente, Shawn C. Marsh, and Tahliah Ling

Correction: Large Language Models, Newer, More Powerful Large Reasoning Models, and the Courts

Editors' Note, Reba Ann Page and David J. Dreyer

Thoughts from Canada: The Supreme …

Constitutional Law: First Amendment Disequilibrium, Christina Koningisor

The Judges' Book

No abstract provided.

Refugee Law: Human Rights, Refugee Law, And Border Crossing, Moria Paz

The Judges' Book

No abstract provided.

Variable Standards: How Many Uninjured Class Members Are Acceptable?, Tom Flesher

Touro Law Review

Purchasers of canned tuna filed a class action against tuna producers after a price-fixing scheme raised prices above competitive levels. To be certified, a class must include only members who have suffered an injury, in this case by paying a higher price than they would have in the absence of price-fixing, but it was difficult to identify which plaintiffs were uninjured and should be excluded. Dueling statistical models failed to resolve this uncertainty, with one model suggesting up to one in every three class members was not injured at all. The Ninth Circuit nonetheless allowed this class to be certified, …

On Guido Calabresi, Roger K. Newman

Touro Law Review

Few individuals have had as long and as influential a career in law as Guido Calabresi. Cofounder of the field of law and economics, teacher, dean, and judge, he has inspired (and infuriated) multitudes. On the United States Court of Appeals for the Second Circuit, where he has served for thirty years (while continuing to teach until recently), his creativity and doctrinal innovations continue apace. He has urged the academy, legislature, and bench alike to engage in continuing conversation to improve the law and its effect upon those to whom it acts. One of these areas is certification—the practice of …

Doubting Thomas And Questioning Stare Decisis Under The Roberts Court, Wilfred U. Codrington Iii

Articles

The article critically examines the erosion of stare decisis under the Roberts Court, highlighting concerns about the Supreme Court's increasing willingness to overturn established precedents. While acknowledging the importance of stare decisis in maintaining stability and equality, the author argues that its practical value is being undermined by ideological polarization and a departure from traditional legal reasoning. The article questions the Court's recent approach to precedent, particularly in cases like Dobbs v. Jackson Women's Health Organization and Students for Fair Admissions v. Harvard, and critiques the conservative majority's aggressive use of judicial power.