When Amicus Curiae Briefs Are Inimicus Curiae Briefs: Amicus Curiae Briefs And The Bypassing Of Admissibility Standards,
2023
American University Washington College of Law
When Amicus Curiae Briefs Are Inimicus Curiae Briefs: Amicus Curiae Briefs And The Bypassing Of Admissibility Standards, David Dematteo, Kellie Wiltsie
American University Law Review
Amicus curiae briefs are being submitted at historically high levels by a range of individuals and entities, and there is compelling evidence that these briefs are highly influential in judicial decision-making, including in the Supreme Court of the United States. Although amicus curiae briefs have been an ingrained aspect of the U.S. legal system for hundred-plus years, various legal scholars, researchers, commentators, and judges, including Supreme Court Justices, have raised concerns about their use, including that amicus curiae briefs contain redundant information and often function as advocacy tools. This Article addresses an aspect of amicus curiae briefs that has received …
The Application Of Law As A Key To Understanding Judicial Independence,
2023
Florida State University College of Law
The Application Of Law As A Key To Understanding Judicial Independence, Tahirih V. Lee
FIU Law Review
Judges across China recently declined to apply a law that the National People’s Congress had newly brought into effect. In this article, I describe this startling finding and explore the significance of it. I conclude that it represents an exercise of judicial independence. Using a thickly descriptive approach that focuses on textual analysis and institutional context, I demonstrate that judges in China have no legal duty to apply law and that it is professionally risky for them to apply law; that judges there operate within a professional culture that encourages restraint; and that the court system has developed a strong …
A Survey Of The Literature On Federal Appellate Practice And Procedure,
2023
FIU College of Law
A Survey Of The Literature On Federal Appellate Practice And Procedure, Thomas E. Baker
FIU Law Review
This is a survey of the literature related to appellate practice and procedure before the United States Courts of Appeals for the benefit of lawyers and judges and scholars. It is reproduced with permission from THOMAS E. BAKER, A PRIMER ON THE JURISDICTION OF THE U.S. COURTS OF APPEALS (Fed. Jud. Ctr. 3d ed. 2023) available at: https://www.fjc.gov/content/379899/primer-jurisdiction-us-courts-appeals-third-edition). This origin explains the scattered references in the entries to “this Primer.”
The Child Vanishes: Justice Scalia’S Approach To The Role Of Psychology In Determining Children’S Rights And Responsibilities,
2023
Indiana University Bloomington - Maurer School of Law
The Child Vanishes: Justice Scalia’S Approach To The Role Of Psychology In Determining Children’S Rights And Responsibilities, Aviva Orenstein
FIU Law Review
Justice Scalia’s attitudes about children and psychology reveal fascinating patterns in his thinking about the rights, responsibilities, needs, and experiences, of children. With his famous wit and acerbic style fully on display, Justice Scalia’s opinions across various legal doctrines demonstrated hostility to the science of psychology and its practitioners, as well as a callous attitude towards children’s trauma. Contemptuous of a best- interests analysis and the professionals who counsel about those interests, Justice Scalia instead emphasized parental and state power over children and tended to advocate for child protection only when it limited children’s agency and freedom. This article demonstrates …
Supreme Court Rulemaking: The Making Of The Supreme Court Rules,
2023
UC Law SF
Supreme Court Rulemaking: The Making Of The Supreme Court Rules, Scott Dodson
The Judges' Book
No abstract provided.
Poverty Law: Brains Without Money: Poverty As Disabling,
2023
University of California Hastings College of Law
Poverty Law: Brains Without Money: Poverty As Disabling, Emily R.D. Murphy
The Judges' Book
No abstract provided.
Prison Litigation: Doctrine And Animus In California’S Covid-19 Prison Litigation,
2023
UC Law SF
Prison Litigation: Doctrine And Animus In California’S Covid-19 Prison Litigation, Hadar Aviram
The Judges' Book
No abstract provided.
Civil Litigation: Optimism And Expenditures: The Effect On Settlements,
2023
UC Law SF
Civil Litigation: Optimism And Expenditures: The Effect On Settlements, Ben Depoorter
The Judges' Book
No abstract provided.
How Victim Impact Statements Promote Justice: Evidence From The Content Of Statements Delivered In Larry Nassar's Sentencing,
2023
S.J. Quinney College of Law, University of Utah
How Victim Impact Statements Promote Justice: Evidence From The Content Of Statements Delivered In Larry Nassar's Sentencing, Paul Cassell, Edna Erez
Utah Law Faculty Scholarship
Whether crime victims should present victim impact statements (VISs) at sentencing remains a subject of controversy in the criminal justice literature. But relatively little is known about the content of VISs and how victims use them. This article provides a content analysis of the 168 VISs presented in a Michigan court sentencing of Larry Nassar, who pleaded guilty to decades of sexual abuse of young athletes while he was treating them for various sports injuries. Nassar committed similar crimes against each of his victims, allowing a robust research approach to answer questions about the content, motivations for, and benefits of …
Lawyerless Law Development,
2023
Columbia Law School
Lawyerless Law Development, Colleen F. Shanahan, Jessica K. Steinberg, Alyx Mark, Anna E. Carpenter
Utah Law Faculty Scholarship
The typical American civil trial court is lawyerless. In response, access to justice reformers have embraced a key intervention: changing the judge’s traditional role. The prevailing vision for judicial role reform calls on trial judges to offer accommodation, information, and process simplification to people without legal representation.
Until now, scholars have known little about judicial behavior in lawyerless courts, including whether and how judges are implementing role reform recommendations. Our lack of knowledge stands in stark contrast to the responsibility civil trial judges bear—and the discretionary power they wield—in dispensing justice for millions of unrepresented people each year. While today’s …
The Failed Idea Of Judicial Restraint: A Brief Intellectual History,
2023
American University Washington College of Law
The Failed Idea Of Judicial Restraint: A Brief Intellectual History, Susan D. Carle
Scholarly Articles in Law Reviews & Journals
This essay examines the intellectual history of the idea of judicial restraint, starting with the early debates among the US Constitution’s founding generation. In the late nineteenth century, law professor James Bradley Thayer championed the concept and passed it on to his students and others, including Oliver Wendell Holmes Jr., Learned Hand, Louis Brandeis, and Felix Frankfurter, who modified and applied it based on the jurisprudential preoccupations of a different era. In a masterful account, Brad Snyder examines Justice Frankfurter’s attempt to put the idea into practice. Although Frankfurter arguably made a mess of it, he passed the idea of …
Table Of Contents,
2023
UC Law SF
Foreword,
2023
Northern District of California
Foreword, Jacqueline Scott Corley The Honorable
The Judges' Book
No abstract provided.
Civil Litigation: Rulemaking’S Second Founding,
2023
UC Law SF
Civil Litigation: Rulemaking’S Second Founding, Richard Marcus
The Judges' Book
No abstract provided.
Constitutional Law: The Realities Of Takings Litigation,
2023
UC Law SF
Constitutional Law: The Realities Of Takings Litigation, Dave Owen
The Judges' Book
No abstract provided.
Criminal Law: Cop Tracing,
2023
UC Law SF
Criminal Law: Toward A Subjectivist Approach To Rape By Deception,
2023
UC Law SF
Criminal Law: Toward A Subjectivist Approach To Rape By Deception, Binyamin Blum
The Judges' Book
No abstract provided.
Public Lands: A Brief History Of America’S Public Lands,
2023
UC Law SF
Public Lands: A Brief History Of America’S Public Lands, John D. Leshy
The Judges' Book
No abstract provided.
Vaccine Law: Covid-19 Vaccine Mandates For University Students,
2023
UC Law SF
Vaccine Law: Covid-19 Vaccine Mandates For University Students, Dorit R. Reiss
The Judges' Book
No abstract provided.
The Tort Whisperer: Nine Decades Later–My Perspective,
2023
Touro University Jacob D. Fuchsberg Law Center
The Tort Whisperer: Nine Decades Later–My Perspective, Larry M. Roth
Touro Law Review
This Article provides a comparative analysis of Judge Benjamin Cardozo’s tort decisions in Palsgraf v. Long Island Railroad Co., one of his most famous tort decisions, contrasted with a lesser-known tort opinion in Hynes v. New York Central Railroad Co. The Author attempts to address Cardozo’s humanistic and intellectual dichotomies which are exemplified by these two real-life tort precedents—one of which, Palsgraf, most practitioners may only have a distant recall. A historical overview of Cardozo’s life is also discussed. These two decisions portray Cardozo as an emotive human being exercising hit-or-miss judging. This theme provides a differ viewpoint from Cardozo’s …
