Should Judges Regulate Lawyers,
2010
University of Denver Sturn College of Law
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.
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.
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.
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.
(Re)Constructing Judicial Ethics In Canada,
2010
Schulich School of Law
(Re)Constructing Judicial Ethics In Canada, Richard F. Devlin
McGeorge Law Review
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.
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.
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.
Limiting Article Iii Standing To "Accidental" Plaintiffs: Lessons From Environmental And Animal Law Cases,
2010
Pepperdine University School of Law
Limiting Article Iii Standing To "Accidental" Plaintiffs: Lessons From Environmental And Animal Law Cases, Robert J. Pushaw Jr.
Georgia Law Review
According to the Supreme Court, Article III's extension
of "judicialPower" to "Cases" and "Controversies"limits
standing to plaintiffs who can demonstrate an
individualized "injury in fact" that was caused by the
defendant and that is judicially redressable. Article III's
text and history, however, do not mention "injury,"
"causation,"or "redressability."
Furthermore, these standards are malleable and have
been applied to achieve ideological goals, especially in
cases involving environmental and animal-welfare laws.
Most notably, the Court has recognized an "injury in fact"
to one's aesthetic enjoyment of nature, but determining
such an injury is arbitrarybecause "aesthetics"is a matter
of personal taste. Judges have …
Will The Real Elena Kagan Please Stand Up? Conflicting Public Images In The Supreme Court Confirmation Process,
2010
Syracuse University
Will The Real Elena Kagan Please Stand Up? Conflicting Public Images In The Supreme Court Confirmation Process, Keith J. Bybee
Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University
What images of judging did the Kagan confirmation process project?
My response to this question begins with a brief overview of existing public perceptions of the Supreme Court. I argue that a large portion of the public sees the justices as impartial arbiters who can be trusted to rule fairly. At the same time, a large portion of the public also sees the justices as political actors who are wrapped up in partisan disputes. Given these prevailing public views, we should expect the Kagan confirmation process to transmit contradictory images of judicial decisionmaking, with a portrait of judging as a …
How Not To Lie With Judicial Votes: Misconceptions, Measurement, And Models,
2010
Stanford Law School
How Not To Lie With Judicial Votes: Misconceptions, Measurement, And Models, Daniel E. Ho, Kevin M. Quinn
Faculty Articles
In Part I, we describe the formal spatial theory often invoked to justify the statistical approach. While spatial theory has the nice feature of synthesizing theory and empirics, legal scholars may remain skeptical of its strong assumptions. Fortunately, measurement models can be illuminating even if the spatial theory is questionable.
To illustrate this, Part II provides a nontechnical overview of the intuition behind measurement models that take merits votes as an input and return a summary score of Justice-specific behavior as an output. Such scores provide clear and intuitive descriptive summaries of differences in judicial voting.
Confusion abounds, however, and …
Demographic Diversity Of State Courts, 2009,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Demographic Diversity Of State Courts, 2009, Sylvia R. Lazos
Boyd Briefs / Road Scholars
No abstract provided.
Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations,
2010
Valparaiso University School of Law
Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David R. Cleveland
Law Faculty Publications
No abstract provided.
Impartiality: Balancing Personal And Professional Integrity In Judicial Decisionmaking,
2010
University of Akron School of Law
Impartiality: Balancing Personal And Professional Integrity In Judicial Decisionmaking, Sarah M. R. Cravens
Akron Law Faculty Publications
No abstract provided.
Judging Discretion: Contexts For Understanding The Role Of Judgment,
2010
University of Akron School of Law
Judging Discretion: Contexts For Understanding The Role Of Judgment, Sarah M. R. Cravens
Akron Law Faculty Publications
This article approaches from a new angle the problem of understanding the meaning and scope of discretion in the judicial role and how an appellate court can or should judge the use or abuse of a lower court’s freedom of judgment. This article considers the meaning and practical application of the appellate standard of review of “abuse of discretion” across three different areas of law: federal sentencing, injunctive relief, and civil case management. The purpose behind this approach is to attempt to find commonalities that can be drawn across subject matter lines on a topic that is currently rife with …
Judges And Their Editors,
2010
University of Missouri School of Law
Judges And Their Editors, Douglas E. Abrams
Faculty Publications
This essay discusses the roles of personal law clerks, central staff clerks, and Reporters of Decisions in editing judges’ opinions at the drafting stage. “The overarching lesson [is] that by submerging pride of authorship during an opinion’s gestation and by weighing editorial input with an open mind, judges secure in their craft advance the interests of justice.” The essay also discusses the constraints imposed by the ABA Model Code of Judicial Conduct on the circle of persons a judge may consult without giving the parties advance notice. The essay is adapted from Prof. Abrams’ address to the international meeting of …
The Jesse Carter Collection,
2010
Golden Gate University School of Law
The Jesse Carter Collection, Janet Fischer
Publications
This is Appendix 2 in The Great Dissents of the "Lone Dissenter," Justice Jesse W. Carter's Twenty tumultuous Years on the California Supreme Court (Carolina Academic Press, 2010). The appendix describes the Jesse Carter holdings at Golden Gate University School of Law Library.
The Supreme Court And Gender-Neutral Language: Setting The Standard Or Lagging Behind?,
2010
Golden Gate University School of Law
The Supreme Court And Gender-Neutral Language: Setting The Standard Or Lagging Behind?, Leslie M. Rose
Publications
Most modern legal writing texts and style manuals recommend that writers use gender-neutral language. Gender-neutral language is achieved by avoiding the use of “gendered generics” (male or female nouns and pronouns used to refer to both men and women). For example, gender neutrality could be achieved by referring to “Members of Congress,” rather than “Congressmen,” and by changing a few words in the previous quotation from Melendez-Diaz: “The defendant always has [the] burden of raising a Confrontation Clause objection; statutes simply govern the time within which the [defendant] must do so.” As this article demonstrates, most members of the United …
Judging Cercla: An Empirical Analysis Of Circuit Court Decision-Making,
2010
University of Illinois at Urbana-Champaign
Judging Cercla: An Empirical Analysis Of Circuit Court Decision-Making, Clifford Chad Henson
Clifford Chad Henson
Abstract: Political scientists, and increasingly legal scholars, have become skeptical of judges’ attempts to explain decisions based exclusively on applying fact to law, and have attempted to identify factors that influence judicial decision-making. This study isolates a set of cases dealing with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and identifies variable sets corresponding to factors one would expect to be significant under competing models of judicial decision-making. While both the legal and extra-legal model independently explain some judicial decision-making, the legal model has more explanatory power and adds significantly to the explanatory power of the extra-legal …
