Judges Commons^™

Advisory Opinions And The Problem Of Legal Authority, Christian R. Burset

Vanderbilt Law Review

The prohibition against advisory opinions is fundamental to our understanding of federal judicial power, but we have misunderstood its origins. Discussions of the doctrine begin not with a constitutional text or even a court case, but a letter in which the Jay Court rejected President Washington’s request for legal advice. Courts and scholars have offered a variety of explanations for the Jay Court’s behavior. But they all depict the earliest Justices as responding to uniquely American concerns about advisory opinions.

This Article offers a different explanation. Drawing on previously untapped archival sources, it shows that judges throughout the anglophone world—not …

Ezra, Rehnquist, And St. Mary’S University, Lance Kimbro

St. Mary's Law Journal

Abstract forthcoming.

Racial Revisionism, Shaun Ossei-Owusu

Michigan Law Review

A Review of The Enigma of Clarence Thomas. by Corey Robin.

Fraudulent Transfers And Juries: Was Granfinanciera Rightly Decided?, David G. Carlson

Articles

In 1989, the Supreme Court ruled that a third party recipient of a fraudulent conveyance had a Seventh Amendment right to a jury trial when a bankruptcy trustee brought suit for a money judgment under Bankruptcy Code section 550(a). This was because, in 1791, an English bankruptcy trustee would have brought fraudulent transfer litigation in a court of law (not a court of equity) and would have obtained a money judgment. I maintain that the Supreme Court committed the classical logical error of Quaternio Terminorum—a false analogy. The analogy was that American bankruptcy trustees are like 18th century English bankruptcy …

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable

Life of the Law School (1993- )

No abstract provided.

Breaking The Judicial Glass Ceiling: The Appointment Of Women To High Courts Worldwide, Maria C. Escobar-Lemmon, Valerie J. Hoekstra, Alice J. Kang, Miki Caul Kittilson

Department of Political Science: Faculty Publications

The salience of judicial institutions in democratic and nondemocratic countries has increased, making it important to have women on these powerful and visible decision-making bodies. Yet, women have only recently gained entrance to peak judicial bodies including constitutional and supreme courts. The appointment of the first woman to a high court is a historic landmark, breaking traditional ideas of who can and should be on the court. Using a global, longitudinal data set we show that certain explanatory factors matter differently in wealthy, stable democracies and in developing countries. The method of selecting high court justices exerts influence in wealthy, …

Pembatalan Perkawinan Sesama Jenis Oleh Jaksa Dan Akibat Hukumnya Terhadap Perkawinan (Studi Kasus Perkawinan Sesama Jenis Di Nusa Tenggara Barat Berdasarkan Register Perkara Nomor 540/Pdt.G/2020/Pa.Gm), Muhammad Akbar Syawal

Indonesian Notary

Pembatalan perkawinan membawa kedudukan perkawinan yang sebelumnya terjalin dianggap tidak pernah ada melalui putusan Pengadilan Agama atau putusan Pengadilan Negeri. Pembatalan perkawinan hanya dapat diajukan oleh pihak-pihak yang disebutkan secara tegas dalam ketentuan Pasal 23 dan Pasal 26 ayat (1) Undang-Undang Perkawinan. Penelitian dilakukan melalui pendekatan yuridis normatif dengan menggunakan data sekunder yakni data yang diperoleh dari bahan-bahan kepustakaan. Penulisan ini membahas mengenai kewenangan Jaksa dalam pembatalan perkawinan dan akibat hukum pembatalan perkawinan sesama jenis. Hasil penelitian kemudian menyimpulkan bahwa Jaksa berwenang untuk mengajukan permohonan pembatalan perkawinan sesama jenis sejalan dengan ketentuan Pasal 23 dan 26 ayat (1) Undang-Undang Perkawinan …

Courts Beyond Judging, Michael C. Pollack

BYU Law Review

Across all fifty states, a woefully understudied institution of government is responsible for a broad range of administrative, legislative, law enforcement, and judicial functions. That important institution is the state courts. While the literature has examined the federal courts and federal judges from innumerable angles, study of the state courts as institutions of state government — and not merely as sources of doctrine and resolvers of disputes — has languished. This Article remedies that oversight by drawing attention for the first time to the wide array of roles state courts serve, and by evaluating the suitability of both the allocation …

No Amendment? No Problem: Judges, “Informal Amendment,” And The Evolution Of Constitutional Meaning In The Federal Democracies Of Australia, Canada, India, And The United States, John V. Orth, John Gava, Arvind P. Bhanu, Paul T. Babie

Pepperdine Law Review

This article considers the way in which judges play a significant role in developing the meaning of a constitution through the exercise of interpretive choices that have the effect of “informally amending” the text. We demonstrate this by examining four written federal democratic constitutions: those of the United States, the first written federal democratic constitution; India, the federal constitution of the largest democracy on earth; and the constitutions of Canada and Australia, both federal and democratic, but emerging from the English unwritten tradition. We divide our consideration of these constitutions into two ideal types, identified by Bruce Ackerman: the “revolutionary” …

The Just Guarantees In The Judges Awards & Decisions – Between The Legitimate Condition And The Lawful Organizing In The Republic Of Yemen Legislation

UAEU Law Journal

This study has surveyed the importance of justice in the modern societies. It focuses on the role of the judiciary and system in Solidifying strengthening justice for the sake of human welfare.

The key element in the study is the role of the judge. In its finest part the study deals with the external factors which influence the judge and which should be avoided to insure justice. It also deals with the judiciary conditions in general such as setting the proper circumstances for trial and some are related to the judge's personality such as being just, knowledgeable, and being male. …

Table Of Contents And Masthead, Zachary T. Remijas

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Elastics Of Snap Removal: An Empirical Case Study Of Textualism, Thomas O. Main, Jeffrey W. Stempel, David Mcclure

Cleveland State Law Review

This Article reports the findings of an empirical study of textualism as applied by federal judges interpreting the statute that permits removal of diversity cases from state to federal court. The “snap removal” provision in the statute is particularly interesting because its application forces judges into one of two interpretive camps—which are fairly extreme versions of textualism and purposivism, respectively. We studied characteristics of cases and judges to find predictors of textualist outcomes. In this Article, we offer a narrative discussion of key variables, and we detail the results of our logistic regression analysis. The most salient predictive variable was …

Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams

Honors Program: Senior Projects (Public)

Within the American criminal legal system, it is a well-established practice to presume the innocence of those charged with criminal offenses unless proven guilty beyond a reasonable doubt. Such a judicial framework-like approach, called a legal maxim, is utilized in order to ensure that the law is applied and interpreted in ways that legislative bodies originally intended.

The central aim of this piece in relation to the First Amendment of the United States Constitution is to investigate whether the Supreme Court of the United States has utilized a specific legal maxim within cases that dispute government speech or expression regulation. …

Are Federal Exonerees Paid?: Lessons For The Drafting And Interpretation Of Wrongful Conviction Compensation Statutes, Jeffrey S. Gutman

Cleveland State Law Review

In this third of a series of articles on wrongful conviction compensation statutes, Professor Jeffrey Gutman tackles the first statute attempted to be passed in the United States – the federal wrongful conviction compensation statute. Championed in concept by Edwin Borchard, it was in fact poorly drafted, and recommendations by Attorney General Homer Cummings to improve it were only partly successful. This Article retraces the long legislative history of the statute which is dotted with sloppy language and reasoning, unexplained amendments and an unfortunate focus on who was not to benefit from it, rather than who was. This tangled legislative …

The Shifting Sands Of Cost Shifting, Andrew M. Pardieck

Cleveland State Law Review

The cost-shifting analysis employed by the federal courts in ruling on discovery disputes is flawed. There is tremendous variability in how courts interpret the factors guiding the analysis. There is tremendous variability in the information courts rely on in deciding whether to preclude the discovery or shift its costs. The result is waste for the litigants, courts, and society as a whole. This Article argues that there is a better way: mandate cooperation before cost shifting. The courts should condition proportionality and cost-shifting rulings on cooperation. The cooperation should be substantive: require disclosure of objective information about the disputed discovery …

Can There Be Too Much Specialization? Specialization In Specialized Courts, Melissa F. Wasserman, Jonathan D. Slack

Northwestern University Law Review

While modern society has embraced specialization, the federal judiciary continues to prize the generalist jurist. This disconnect is at the core of the growing debate on the optimal level of specialization in the judiciary. To date, this discussion has largely revolved around the creation of specialized courts. Opinion specialization, however, provides an alternative, underappreciated method to infuse specialization into the judiciary. In contrast to specialized courts, opinion specialization is understudied and undertheorized.

This Article makes two contributions to the literature. First, this Article theorizes whether opinion specialization is a desirable practice. It argues that the practice’s costs and benefits are …

Law School News: Rwu Law Alumnae Will Address Ginsburg Legacy, Workplace Gender Equity 03-11-2021, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Law School News: Meet The Rbg Essay Contest Winners! 03/03/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Covid-19 And Rule 10b-5, Allan Horwich

University of Richmond Law Review

The COVID-19 pandemic presented wide-ranging challenges for businesses. Not the least of these is compliance with federal securities laws, including the prohibition—most notably under SEC Rule 10b-5—on materially deceptive statements made to the public. Both the SEC, in its role as enforcer of the law, and private parties, seeking to represent classes of aggrieved investors, have filed complaints asserting that corporations and others have engaged in deception of investors regarding matters pertaining to COVID-19. Some of these claims relate to disclosures regarding testing kits for the virus as well as development of vaccines. Other complaints allege faulty disclosure on the …