Judges Commons^™

تقييم قانون التنظيم القضائي في ضوء المعايير الدوليّة, رينا قسطنطين

Proche-Orient, Études juridiques

This study examines Lebanon’s Law on the Organization of the Judicial Court System, adopted by the Chamber of Deputies on July 31, 2025, and returned to the Chamber by the President of the Republic for further discussion, on September 5, 2025. It represents one of the most significant judicial reform initiatives since the Taif Agreement of 1989. The study traces the evolution of the Law’s provisions in successive drafts in light of the recommendations of the Venice Commission – the advisory body to the Council of Europe – and international standards regarding both institutional and individual judicial independence. The article …

في معنى استقلالية السلطة القضائية وتجلياتها, رزق زغيب

Proche-Orient, Études juridiques

The independence of the judiciary in Lebanon, as constitutionally guaranteed, carries a particular meaning that is embodied exclusively in the judicial function performed by any sitting judge issuing rulings in the name of the Lebanese people. The Constitution that elevates the judiciary to the level of a power does not provide itself for guarantees akin to the legislative and executive branches. Rather, it entrusts the determination of judicial safeguards to the legislature, under the oversight of the Constitutional Council. The Council has consistently interpreted these safeguards as measures that protect judges in the exercise of their functions by removing any …

Le Rôle Du Conseil D’État Dans L’Élaboration Du Droit, Joseph Chaoul

Proche-Orient, Études juridiques

The centenary of the Lebanese Conseil d’Etat, established in 1924 on the French model, offers an opportunity to reflect on its role in the development of law. This institution, which embodies the dual jurisdictional system characteristic of legal systems inspired by French law, has a dual mission – advisory and judicial – making it a central actor in the creation of law. In its advisory function, it provides the government with guidance on the legality and administrative advisability of draft texts. Through its judicial function, the Conseil d’Etat contributes to the formation of administrative law through its case law. …

L’Indépendance Et L’Impartialité Du Ministère Public, Samer Younes

Proche-Orient, Études juridiques

Which public prosecutor? For which mission and towards what future? Is he really the defender of public interest? Who is he and what does he do? These questions can only be answered through the historical lens of the French public prosecution which inspired the Lebanese model based on a rigid hierarchical organization coupled with individual instructions, often oral and hidden. To be faithful both to his name and mission, the public prosecution judge must be independent from any unjustified interference in his work. This requires a status or regime guaranteeing his independence, as is the case for his colleagues in …

L’Indépendance De La Justice : Une Question De Moralité Des Juges ?, Myriam Mehanna

Proche-Orient, Études juridiques

Defining and measuring the concept of judicial independence, often a source of contradictions, is crucial to ensure that the reform of the judicial system genuinely leads to the protection of the independence of judges and justice. This article puts forward three essential points: 1. Judicial independence is a measurable concept based on a set of specific guarantees; 2. It is also a complex concept, encompassing multiple facets that must be protected simultaneously; 3. Ultimately, it stems from legislative (and possibly constitutional) recognition of these complementary guarantees rather than from a moralizing discourse imposed on judges.

The Retreat Of Federal Power And The Rise Of Post-Supremacy Federalism, Victoria Grace Litman

Cleveland State Law Review

This Article introduces the theory of post-supremacy federalism to describe a structural condition in which federal law remains formally binding, but enforcement has durably receded or collapsed. Unlike frameworks grounded in intergovernmental friction or negotiated cooperation, this account begins from federal retreat—the cumulative erosion of enforcement capacity across judicial, administrative, legislative, and executive institutions. Post-supremacy federalism arises when three conditions are met: (1) federal law remains intact; (2) enforcement retreats; and (3) no formal devolution occurs. In this vacuum, states are not merely filling gaps. They are governing by default—under laws that still bind but no longer structure governance in …

A Conversation On Ethics & The Law With The Honorable Ruth Pickholz, Cardozo Criminal Law Society

2025–2026 Flyers

Retired Justice of the Supreme Court, New York City County.

Causes, Effects, And Solutions Of Wrongful Convictions, Allison B. Gobuzzi

Honors Theses

This study examines the wrongful conviction of Anthony Hinton and other examples that illustrate the causes of wrongful convictions in the United States and the effects that wrongful convictions have on the wrongfully accused and their families. This study uses research from scholarly articles and legal cases to analyze the factors that contribute to wrongful convictions and the impact on the wrongfully accused and their families. The research concludes that wrongful convictions are frequently the result of both evidentiary and procedural issues within the criminal justice system.

Law School News: Rwu Names Richard "Dick" Sullivan '79 And Judge Lara E. Montecalvo As 2026 Honorary Degree Recipients 4-16-2026, Kelly Brinza

Life of the Law School (1993- )

No abstract provided.

Should Judicial Opinions Be Read Like Statutes?, Margaret H. Lemos

Northwestern University Law Review

Should judicial opinions be interpreted with an eye to their purpose, context, or the intent of their authors, or should interpreters focus on the ordinary meaning of the text? Opinions present the same sorts of interpretive puzzles as other legal texts, and yet they have been omitted from the debates over interpretive methodology that dominate the fields of constitutional and statutory interpretation. The omission is no accident: the Supreme Court has stated repeatedly—and with increasing frequency in recent years—that judicial opinions are not to be read like statutes. Yet neither courts nor commentators have explained why the principles that ground …

The Ex Parte Young Cause Of Action: A Riddle, Wrapped In A Mystery, Inside An Enigma, Andrew S. Oldham, Adam I. Steene, John W. Tienken

Northwestern University Law Review

Ex parte Young ushered in a new era of the American judicial system. Most famously, the decision allowed plaintiffs, in certain circumstances, to sue state officials without having to worry about sovereign immunity. Young’s other holding, though perhaps lesser known, is no less important: individuals, the Supreme Court held, have an equitable cause of action to sue government officials for injunctive relief.

Even today, that second holding remains something of a riddle. Did this cause of action always exist in American law? Or was it an invention of the Young Court? And, at any rate, does the Ex parte …

The Case Of Antonio Beaver, Logan D. Barron

SACAD: Scholarly Activities

The case of Antonio Beaver, a 31-year-old African American man that was affected by the collapse of the suspects identification by the detectives with the composite sketch, the Eyewitness Misidentification, and the lack of fingerprint and DNA identification technology. Antonio Beaver was convicted of First-degree Robbery in 1997 and was in Missouri prisons until 2007 when he was exonerated by DNA and fingerprint evidence, that was taken from crime scene.

How Many Supreme Court Justices Can Stand On The Point Of A Needle? Originalist Scholarship, Political Neutrality, And Other Constitutional Nonsense, Stephen M. Feldman

Washington and Lee Journal of Civil Rights and Social Justice

In the 1935 article, "Transcendental Nonsense and the Functional Approach," Felix Cohen compared formalist legal reasoning, as practiced by traditional legal scholars and Lochner-era Supreme Court justices, to the philosophical musings of scholastic theologians. Unconnected to empirical reality, formalist legal reasoning was as nonsensical as a disquisition on “‘[h]ow many angels can stand on the point of a needle?’” Nowadays, originalist scholars are similarly engaged in nonsense. These scholars defend, refine, and practice originalist methods of constitutional interpretation as if the Supreme Court justices truly decided cases in accordance with the theory. Regardless, the justices—even the avowed originalists—do not consistently …

The Plight Of Workers: Alj Independence In Arkansas Workers’ Compensation, P. Brock Hatfield

Indiana Law Journal

“Unfortunately, many of the changes made by this act were necessary because administrative law judges, the Workers’ Compensation Commission, and the Arkansas courts have continually broadened the scope and eroded the purpose of the workers’ compensation statutes of this state. . . . In the future, if [changes must be made to Arkansas workers’ compensation law], those things shall be addressed by the General Assembly and should not be done by administrative law judges, the Workers’ Compensation Commission, or the courts.”¹It would be hard to imagine a blunter statement of purpose to undermine the independence of administrative law …

Article Iii's Constraints On The Legislative Power, Elizabeth Earle Beske

William & Mary Law Review

Article III’s heightened concreteness standard for statutory harms takes federal judges deep into legislative terrain, jeopardizing statutory damage provisions and confining Congress to post hoc solutions rather than preemptive strikes. The Supreme Court has insisted that creating a cause of action is a legislative function. At the same time, its recent standing cases instruct lower federal courts to permit suit on statutory injuries only when they find actual harm that bears a tight connection to injuries recognized at common law. This new harm requirement rests uneasily with countless statutes featuring statutory damage provisions that are in place precisely because damages …

The Revival Of Section 5: A Return To The Ftc’S Roots In A Time Of Democratic Crisis, Shaoul Sussman

Fordham Law Review

No abstract provided.

The Status Of Private Covenants In Gross In Maine, Geoffrey Forney

Maine Law Review

In State v. Moosehead Mountain Resort, the Maine Supreme Judicial Court recently held that the State may enforce a restrictive covenant in gross. The decision appears to create new law by departing from the established rule in Maine, as laid down in an earlier decision in Brown v. Heirs of Fuller, that restrictive covenants in gross are not enforceable in equity. Although the holding in Moosehead Mountain is arguably narrow because the case only addressed the government's ability to enforce covenants in gross, the Law Court's omission of any reference to or discussion of its decision in Brown leaves open …

The Evolution Of The Supreme Court's Second Amendment Jurisprudence, Kermit V. Lipez

Maine Law Review

We live in the shadow of an epidemic of gun violence. We dread the next report of an inevitable mass shooting. We no longer feel secure in public places. We fear for the safety of our children and our grandchildren at their schools. We shake our heads in disbelief at the empty ritual of "thoughts and prayers" for victims and their families. As one commentator put it, we suffer from the "[u]nbearable [m]onotony of [g]rief." Why must we live like this? Why are there no solutions? In conversations posing these questions, there are often references to the Supreme Court's Second …

Law School News: Isiah Dipina L'27: From Personal Experience To Policy Change 3-26-2026, Jane Govednik

Life of the Law School (1993- )

No abstract provided.

Law School News: From Textbooks To Truth: A Civil Rights Journey 3-23-2026, Naomi Zhang

Life of the Law School (1993- )

No abstract provided.