Judges Commons^™

Law, Fact, And Appellate Review, Adam N. Steinman

Faculty Scholarship

For centuries, courts have been called upon to distinguish between law and fact. That distinction played a key role in recent Supreme Court decisions on two critical components of appellate review. Dupree v. Younger considered an important question regarding what a party must do at trial to preserve an issue for appellate review. And Google LLC v. Oracle America, Inc. addressed how to select and apply the standard of appellate review--specifically, whether and how the appellate court must show deference to particular decisions made at the trial level.
Both decisions were partially right. Dupree correctly focused on whether certain early …

The Role Of Accountability In Preserving Judicial Independence: Examining The Ethical Infrastructure Of The Federal Judicial Workplace, Susan Saab Fortney

Faculty Scholarship

After news reports of sexual harassment allegations involving federal judges, U.S. Supreme Court Chief Justice John Roberts asked the Director of the Administrative Office of the U.S. Courts to assemble a working group to address concerns related to misconduct in the federal judicial workplace. Following the working group’s report, the judiciary adopted recommendations relating to discrimination and harassment in the federal judiciary. Using the ethical infrastructure framework, this article reviews what changes have been made and what is missing. It explains how the steps taken largely focus on formal aspects of communicating and monitoring standards of conduct. Notably missing are …

Rwu Law Alumni Newsletter November 2024, Roger Williams University School Of Law

RWU Law

No abstract provided.

Women In Robes October 28, 2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

A Statistical Look At The Supreme Court's 2009 Term, John M. Schleb Ii, Colin Glennon, Hemant Sharma

Tennessee Journal of Law and Policy

Whether a change in membership occurs or not, every Supreme Court term presents a unique set of controversies and decisions for legal scholars to examine. Herein, we offer a discussion of the Court's recently completed 2009-2010 term. Rather than analyzing specific opinions in detail (as many have already done), we generate a comprehensive statistical analysis of justice voting behavior for the term. In particular, we examine consensus and division on the Court, the ideological tenor of the term, voting alignments among the justices, the production of opinions, and the Court's overall ideological spectrum based on individual voting patterns. Ultimately, we …

Panel Discussion 4: Best Practices In Representing Children In Court, Timothy Irwin, Carlton Lewis, Dwight Stokes

Tennessee Journal of Law and Policy

No abstract provided.

U.S. Court Of Appeals For The Seventh Circuit To Hold Oral Argument At The Maurer School Of Law, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

A three-judge panel of the United States Court of Appeals for the Seventh Circuit—one of 13 appellate courts of the United States federal judiciary—will hear oral argument at the Indiana University Maurer School of Law on Thursday, October 24.

The arguments are scheduled to begin at 9:30 a.m. in the Law School’s DeLaney Moot Court Room. The proceedings are open to the public, with seating available on a first-come, first-served basis starting at 9 a.m. An overflow room will be available if needed. The arguments are expected to conclude by 12:30 p.m.

“The Seventh Circuit Court of Appeals has a …

Book Review: John Paul Stevens, The Making Of A Justice: Reflections On My First 94 Years, New York, Little, Brown And Co., 2019, Pp. 549, $35.00 (Hardback), Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

The autobiography of Justice John Paul Stevens, published just a few months before he died, is an enticing travelogue for Supreme Court nerds. Other travelers may want to pick a different landscape.

Popularity Contest: Is An Independent Judiciary Compatible With Popular Constitutionalism?, Lulu S. Faulk

Indiana Law Journal

Can the theory of popular constitutionalism—where the people have authority to shape constitutional law—exist alongside judicial independence? On the surface, these two ideas seem like contestants in a popularity contest: Popular constitutionalism embraces the will of the people in defining constitutional law, while judicial independence insists that judges disregard any and all external pressure in an effort to uphold the tenets of the Constitution even when they are unpopular. The contrast of these competing ideas is all the more evident with recent Supreme Court decisions such as Dobbs v. Jackson Women’s Health Organization, demonstrating a deviation from majority opinion in …

Contempt: The Original Judicial Cheat Code, Ryan L. Scott

Dickinson Law Review (2017-Present)

The judicial contempt power challenges the fundamental rights enshrined in America’s Constitution. Imagine spending eight years in federal prison with no right to a jury trial or a court appointed attorney. Your only reprieve is the discretion of the judge who is imprisoning you. Meaningful appeals and even habeas corpus actions are generally not available remedies. Instead, what was originally justified as an inherent power of the court, necessary to maintain order and decorum, is increasingly used for trivial offenses or to incarcerate individuals for far longer than their possible crimes would otherwise warrant.

Despite widespread instances of abuse of …

Ethical Guardrails To Unbounded Procedure, Seth Katsuya Endo

Fordham Law Review

Civil lawsuits in federal courts—especially class actions and multidistrict litigation (MDL)—can be messy and complicated, calling for pragmatic interventions that lie beyond what is explicitly addressed by the existing rules. And flexibility is part of the genius of the Federal Rules of Civil Procedure. On the other hand, unbounded discretion and innovation in procedure can lead to illegitimate exercises of power, bias, democratic nonaccountability, and other serious harms. But the choice is not between providing individual courts with nearly limitless authority to experiment with procedure or having a set of rigid rules. Instead, there is a third path: district judges …

Judicial Preview Oleh Mahkamah Konstitusi Sebagai Upaya Preventif Perlindungan Hak Konstitusional (Studi Komperasi Dengan Mahkamah Konstitusi Chili), Elisabeth Sihaloho, Fifiana Wisnaeni

Jurnal Hukum & Pembangunan

The existence of the Constitutional Court as stated in the provisions of Article 24C of the 1945 Constitution has established the dignity of the Constitutional Court's position as a Guardian of the Constitution which is understood as a judicial institution that protects the constitutional rights of Indonesia citizens. This research is aimed at solving the problem of the constitutional rights of Indonesia citizens who are often injured through legal products in the form of laws. Therefore, this study focuses on studying, analyzing and comparing how the context of judicial preview or can be understood as a test of a draft …

Prudence, Role Morality, And Restraint: Judge Wilkinson On The Separation Of Powers, Katherine Mims Crocker, Jack Goldsmith

Faculty Scholarship

Caution in reviewing the actions of the legislative and executive branches has been a hallmark of the jurisprudence of Judge J. Harvie Wilkinson III. The Constitution “at most gives judges specific authority to redress violations of specific provisions,” Judge Wilkinson writes in his book Cosmic Constitutional Theory. But even when doing so, “courts must exercise great caution before injecting themselves into the vortex of varied political questions,” for “[i]t is often far preferable to allow the political institutions under our Constitution to struggle among themselves, with each bringing to bear the respective arsenal of powers the Framers accorded them.” …

The Scales Project: Making Federal Court Records Free, David L. Schwartz, Kat M. Albrecht, Adam R. Pah, Christopher A. Cotropia, Amy Kristin Sanders, Sarath Sanga, Charlotte S. Alexander, Luís A.N. Amaral, Zachary D. Clopton, Anne M. Tucker, Thomas W. Gaylord, Scott G. Daniel, Nathan Dahlberg

Northwestern University Law Review

Federal court records have been available online for nearly a quarter century, yet they remain frustratingly inaccessible to the public. This is due to two primary barriers: (1) the federal government’s prohibitively high fees to access the records at scale and (2) the unwieldy state of the records themselves, which are mostly text documents scattered across numerous systems. Official datasets produced by the judiciary, as well as third-party data collection efforts, are incomplete, inaccurate, and similarly inaccessible to the public. The result is a de facto data blackout that leaves an entire branch of the federal government shielded from empirical …

Lawyerless Litigants, Filing Fees, Transaction Costs, And The Federal Courts: Learning From Scales, Judith Resnik, Henry Wu, Jenn Dikler, David T. Wong, Romina Lilollari, Claire Stobb, Elizabeth Beling, Avital Fried, Anna Selbrede, Jack Sollows, Mikael Tessema, Julia Udell

Northwestern University Law Review

Two Latin phrases describing litigants—pro se (for oneself) and in forma pauperis (IFP, as a poor person)—prompt this inquiry into the relationship between self-representation and requests for filing fee waivers. We sketch the governing legal principles for people seeking relief in the federal courts, the sources of income of the federal judiciary, the differing regimes to which Congress has subjected incarcerated and nonincarcerated people filing civil lawsuits, and analyses enabled by SCALES, a newly available database that coded 2016 and 2017 federal court docket sheets. This Essay’s account of what can be learned and of the data gaps demonstrates the …

Decision Time: Illuminating Performance In India’S District Courts, Varsha Aithala, Anushka Sachan, Srijoni Sen, Himanshu Payal, Chiranjib Bhattacharya

Articles

Studies on court administration in India have so far focused their attention largely on caseload management and judge strength of the higher judiciary. In-depth investigations of the performance of India’s lower courts, the primary loci of a citizen’s contact with the judiciary, are rarer, largely due to the lack of available data at scale. We conduct a quantitative analysis of a large dataset of more than 1700 Indian district courts between 2010 and 2018, to assess court performance through the measure of timeliness of case disposal. We use median days to decision—the median number of days it takes for a …

University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.

On Responsive Judging, Rosalind Dixon

Judicature International

No abstract provided.

Law School News: Mandell-Boisclair Justice Camp Prepares Young Scholars To Become Future Lawyers, Social Justice Advocates 7-26-2024, Jordan J. Phelan, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Rwu School Of Law Social Justice Camp, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.