Judges Commons^™

Law Dean’S Letter Urges Confirmation Of Biden’S Historic Scotus Pick, Ketanji Brown Jackson, Angela Onwuachi-Willig

Shorter Faculty Works

In a letter citing Black women’s underrepresentation on the federal bench, Angela Onwuachi-Willig, dean of the BU School of Law, and more than 200 other Black women law deans and professors urged the US Senate on Friday to confirm President Joe Biden’s nominee, Ketanji Brown Jackson, to the nation’s highest court “swiftly and with bipartisan support.”

Commentary: The Pragmatic Consequentialism Of Justice Breyer, John M. Greabe

Law Faculty Scholarship

[Excerpt] "Justice Stephen Breyer’s announcement of his intention to retire at the end of the Supreme Court’s current term provides occasion to contrast his approach to judging with the very different approach of the court majority he leaves behind. The contrast is frequently explained in partisan terms: Justice Breyer is a “liberal” who was appointed by a Democratic president (Bill Clinton), whereas the majority is “conservative,” having been appointed by three different Republican presidents (George H.W. Bush, George W. Bush, and Donald Trump).

The use of partisan labels to describe the different approaches to judging employed by the court’s two …

Judicial Federalism And The Appropriate Role Of The State Supreme Courts: A 20-Year (2000–2020) Study Of These Courts’ Interest Evaluations Of The Fruits And The Attenuation Doctrines, Dannye R. Holley Mr.

St. Mary's Law Journal

The current composition of the United States Supreme Court increases the probability that the Court will be more likely to side with the government with respect to identifying, evaluating, and reconciling the interest of the government versus those of the people when issues of “policing” reach the high court. This opens the door for state supreme court to independently assess individually and collectively these seemingly competing interests and potentially provide greater protections to the interest of the people.

This Article is a twenty-year study of dozens of state supreme court decisions made during the period of 2000–2020. The decisions focused …

Judicial Ethics In The Confluence Of National Security And Political Ideology: William Howard Taft And The “Teapot Dome” Oil Scandal As A Case Study For The Post-Trump Era, Joshua E. Kastenberg

St. Mary's Law Journal

Political scandal arose from almost the outset of President Warren G. Harding’s administration. The scandal included corruption in the Veterans’ Administration, in the Alien Property Custodian, but most importantly, in the executive branch’s oversight of the Navy’s ability to supply fuel to itself. The scandal reached the Court in three appeals arising from the transfer of naval petroleum management from the Department of the Navy to the Department of the Interior. Two of the appeals arose from President Coolidge’s decision to rescind oil leases to two companies that had funneled monies to the Secretary of the Interior. A third appeal …

The Life Of Ruth Bader Ginsberg: Biography Of An Educator, Mallory Wallace

Journal of Women in Educational Leadership

Now in her eighties, U.S. Supreme Court Justice Ruth Bader Ginsburg has lived a remarkable life. Justice Ginsburg has had an enormous impact on the way United States law respects gender equality, transformed the U.S. Constitution, and lead broad social transformation in America (Dodson, 2015). And while all of this is so, before she completed any of this, Justice Ginsburg was known as Professor Ginsburg, spending seventeen years teaching law at two highly respected institutions of higher education. During this time, she created and taught revolutionary courses on Women and the Law, co-write the first-ever published casebook on sex-based discrimination, …

Inherent Judicial Authority: A Study In Creative Ambiguity, Charles M. Yablon

Cardozo Law Review

No abstract provided.

Omar Effendi Vs. Union Fenosa: Corruption As A Transnational Public Policy Consideration, Ahmed Badr Eldin

Theses and Dissertations

At the beginning of 2011, Egypt witnessed radical political developments that led to the emergence of a pressing tendency to adjudicate the collapsed regime’s policies and practices. Shortly thereafter, the Egyptian State Council issued a number of judicial decisions that confirmed that the sale of the privatized governmental enterprises had been tainted by corruption. Crucially, the Court maintained that flagrant breach of law, regulations, and administrative orders that encompassed these transactions created serious suspicions about corruption committed by public officials and investors. It concluded that the existence of corruption, as a transnational public policy consideration, had deprived foreign investors of …

The Judicialization Of Mega-Politics In Egypt’S Administrative Courts: Insight Into The Rulings Of The Egyptian State Council (2000-2020), Ahmed Kamal Bastawisy

Theses and Dissertations

The interrelationship between law, courts and politics has always been complex and multidimensional. The role and political significance of courts are prominent dimensions of this interrelationship. Over the past decades, there has been global expansion of judicial power, in parallel with the proliferation of modern constitutionalism principles. One of the fundamental manifestations of this trend is the judicialization of politics- the reliance on courts for addressing pivotal social, economic, moral and political controversies and public policy questions. This phenomenon manifests profound transfer of power from representative institutions, mainly legislatures and executives, to judiciaries. Political importance of courts expanded, in scope, …

Table Of Contents & Masthead, Cara M. Macdonald

Journal of the National Association of Administrative Law Judiciary

Journal of the National Association of Administrative Law Judiciary, NAALJ, Contents, editorial board, Pepperdine University, Caruso School of Law

Gephi Output Files, Folder 3, Part 1: Citation Network Data Files, Joseph S. Miller

Faculty Datasets

This data subset created and collected by Joseph Miller and digitally preserved here is in support of his forthcoming article "A Judge Never Writes More Freely: A Separate-Opinions Citation-Network Approach to Assessing Judicial Ideology". From the article's abstract:

"This Article is the first to apply a novel empirical method—citation network analysis—to particular appellate jurists’ separate judicial opinions (e.g., concurrences, dissents) in an effort to provide a more detailed picture of a judge’s ideological preferences. It focuses on the separate opinions of Justices Scalia and Thomas through the end of October Term 2019: they served for a similar number …

Gephi Output Files, Folder 3, Part 2: Co-Citation Network Data Files, Joseph S. Miller

Faculty Datasets

This data subset created and collected by Joseph Miller and digitally preserved here is in support of his forthcoming article "A Judge Never Writes More Freely: A Separate-Opinions Citation-Network Approach to Assessing Judicial Ideology". From the article's abstract:

"This Article is the first to apply a novel empirical method—citation network analysis—to particular appellate jurists’ separate judicial opinions (e.g., concurrences, dissents) in an effort to provide a more detailed picture of a judge’s ideological preferences. It focuses on the separate opinions of Justices Scalia and Thomas through the end of October Term 2019: they served for a similar number …

Underlying Citation Data, Folder 4, Part 1: Census Of Scalia Cites, Joseph S. Miller

Faculty Datasets

This data subset created and collected by Joseph Miller and digitally preserved here is in support of his forthcoming article "A Judge Never Writes More Freely: A Separate-Opinions Citation-Network Approach to Assessing Judicial Ideology". From the article's abstract:

"This Article is the first to apply a novel empirical method—citation network analysis—to particular appellate jurists’ separate judicial opinions (e.g., concurrences, dissents) in an effort to provide a more detailed picture of a judge’s ideological preferences. It focuses on the separate opinions of Justices Scalia and Thomas through the end of October Term 2019: they served for a similar number …

Underlying Citation Data, Folder 4, Part 2: Census Of Thomas Cites, Joseph S. Miller

Faculty Datasets

This data subset created and collected by Joseph Miller and digitally preserved here is in support of his forthcoming article "A Judge Never Writes More Freely: A Separate-Opinions Citation-Network Approach to Assessing Judicial Ideology". From the article's abstract:

"This Article is the first to apply a novel empirical method—citation network analysis—to particular appellate jurists’ separate judicial opinions (e.g., concurrences, dissents) in an effort to provide a more detailed picture of a judge’s ideological preferences. It focuses on the separate opinions of Justices Scalia and Thomas through the end of October Term 2019: they served for a similar number …

2022 Hines Jurist In Residence Lecture: Professionalism, Sarah Hawkins Warren

Edenfield & Hines Jurists in Residence

Justice Sarah Hawkins Warren served as the Hines Jurists in Residence in 2022, delivering a public lecture on professionalism in January. Extended biographical information on Justice Warren was provided prior to her public lecture thanks to the Georgia Supreme Court:

"Justice Sarah Hawkins Warren was appointed to the Supreme Court of Georgia by Governor Nathan Deal and was sworn in on September 17, 2018. She was re-elected statewide for a six-year term in 2020. Justice Warren previously served as Solicitor General for the State of Georgia under Attorney General Chris Carr.

Justice Warren earned a B.A. in Public Policy and …

Reconceiving Ethics For Judicial Law Clerks, Gregory Bischoping

St. Mary's Journal on Legal Malpractice & Ethics

Judicial law clerks hold a unique and critical position in our legal system. They play a central part in the functioning of the judiciary, oftentimes writing the first draft of their judge’s opinions and serving as their trusted researcher and sounding board. Moreover, they are privy to the many highly confidential processes and private information behind the important work of the judiciary. It stands to reason the comprehensive set of ethical duties that bind the world of lawyers and judges should also provide guidance for judicial law clerks. The most important among those ethics rules is a duty of confidentiality. …

Applying Products Liability Law To Facebook’S Platform And Algorithms: Addiction, Radicalization, And Real-World Harm, Grant W. Shea

Law Student Publications

Facebook has become central to the lives of millions of Americans. As of 2021, 69% of U.S. adults use Facebook. Among those U.S. adults who use Facebook, roughly 70% visit Facebook at least once a day. Moreover, as of 2020, 36% of U.S. adults receive their news through Facebook. That means roughly 60 million U.S. adults receive their news through Facebook each day. Facebook’s impact on American society cannot be overstated when viewed through such a lens. Thus, it is important to ensure Facebook responsibly designs its products: its platform and its algorithms.

Analysis Of The Application Of The Code Of Ethics Of Judges And Jurors (2022), James Moliterno, Jemali Saiti, Ana Pavlovska-Daneva, Andrej Bozhinovski

Books and Chapters

No abstract provided.

Movement Judges, Brandon Hasbrouck

Scholarly Articles

Judges matter. The opinions of a few impact the lives of many. Judges romanticize their own impartiality, but apathy in the face of systems of oppression favors the status quo and clears the way for conservative agendas to take root. The lifetime appointments of federal judges, the deliberate weaponization of the bench by reactionary opponents of the New Deal and progressive social movements, and the sheer inertia of judicial self-restraint have led to the conservative capture of the courts. By contrast, empathy for the oppressed and downtrodden renders substantive justice possible and leaves room for unsuccessful litigants to accept unfavorable …

Gertrude Jenkins, Unplugged, Todd C. Peppers

Scholarly Articles

Gertrude Jenkins worked for U.S. Chief Justice Harlan Fiske Stone until his death in 1946. Adept at multi-tasking, she also ran a boarding house to make more money. A position as a floating secretary was created for Jenkins at the Court, and she worked in other chambers as well as the Court library until October 1949, when she accepted a position in Justice Frankfurter’s chambers. Jenkins retired in August 1953.

Gertrude Jenkins’s letters neither shed light on the grand constitutional issues of her day nor provide insights into the justices’ jurisprudential views. They will not cause historians to radically reevaluate …

Judges In Lawyerless Courts, Anna E. Carpenter, Colleen F. Shanahan, Jessica K. Steinberg, Alyx Mark

Utah Law Faculty Scholarship

The typical American civil trial court is lawyerless. In response to the challenge of pro se litigation, scholars, advocates, judges, and courts have embraced a key solution: reforming the judge’s traditional role. The prevailing vision calls on trial judges to set aside traditional judicial passivity, simplify court procedures, and offer a range of assistance and accommodation to people without counsel.

Despite widespread support for judicial role reform, we know little of whether and how judges are implementing pro se assistance recommendations. Our lack of knowledge stands in stark contrast to the responsibility civil trial judges bear – and the power …