Judges Commons^™

The Race To The Top To Reduce Prosecutorial Misconduct, Adam M. Gershowitz

Faculty Publications

This Essay offers an unconventional approach to deterring prosecutorial misconduct. Trial judges should use their inherent authority to forbid prosecutors from appearing and handling cases in their courtrooms until the prosecutors have completed training on Brady v. Maryland, Batson v. Kentucky, and other types of prosecutorial misconduct. If a single trial judge in a medium-sized or large jurisdiction imposes training prerequisites on prosecutors, it could set off a race to the top that encourages other judges to adopt similar (or perhaps even more rigorous) training requirements. A mandate that prosecutors receive ethics training before handling any cases is …

One Of The Good Guys: The Making Of A Justice–Reflections On My First 94 Years, Jamal Greene

The Journal of Appellate Practice and Process

No abstract provided.

“Remarkable Influence”: The Unexpected Importance Of Justice Scalia's Deceptively Unanimous And Contested Majority Opinions, Linda L. Berger, Eric C. Nystrom

The Journal of Appellate Practice and Process

No abstract provided.

The Robed Tweeter: Two Judges' Views On Public Engagement, Stephen Louis A. Dillard, Bridget Mary Mccormack

The Journal of Appellate Practice and Process

No abstract provided.

May It Please The Court–Or Not: Appellate Judges' Preferences And Pet Peeves About Oral Argument, Margaret D. Mcgaughey

The Journal of Appellate Practice and Process

No abstract provided.

The Nature Of Standing, Matthew Hall, Christian Turner

William & Mary Bill of Rights Journal

Most academic studies of standing have focused on restrictions on federal court jurisdiction drawn from Article III of U.S. Constitution and related doctrinal schemes developed by state courts. These rules are constructed atop a few words of the Constitution: "The judicial Power shall extend to all Cases, in Law and Equity," arising under various circumstances. The Supreme Court has interpreted these words to require federal courts to assess whether a plaintiff has suffered an injury in fact that is both fairly traceable to the actions of the defendant and redressable by a favorable ruling before proceeding to the merits of …

Obligation Of The Judge To Arbitrament: Analytical Study In Light Of The Provisions Of The French Law, The Opinions Of Jurisprudence, And The Decisions Of The Judiciary, Ali Abdul Hameed Turki

UAEU Law Journal

The study in this present research work has been concentrated on handling the subject of obligation of the judge to arbitrament (i.e. settle a dispute) within the frame of the texts of the French Law, the opinions of Jurisprudence, and the decisions of the Judiciary.

It aims determine the party who is dominating over the determination of the facts of the dispute, and to know who shall assume the establishment of such facts, and what is the scope of the obligation of the Judge for the determination in the dispute

Removal Of Judges Between The Islamic Jurisprudence Perspective And The Algerian Legislature System, Mohammed Hamli

UAEU Law Journal

While exercising its functions, the magistrate might be facing an embarrassing case for the government. By result, he could be exposed to many pressures that could lead him even to be the subject of abusive dismissal in case he doesn't enact to its favor. For this reason we say that it is very necessary to guarantee a protection for the magistrates from such threats.

In this respect, we notice that the Islamic doctrine came first in stating rules that are related to the dismissal of the judges, by assigning the governor the power to take the decision to dismiss any …

The Constitution And Democracy In Troubled Times, John M. Greabe

Law Faculty Scholarship

Does textualism and originalism approach positively impact democracy?

The Limits Of Permissible Judicial Campaign Speech In New York, Vito M. Destefano

St. John's Law Review

(Excerpt)

In December 2018, New York’s Advisory Committee on Judicial Ethics (“ACJE”), which I proudly served on for ten years, issued Opinion 17-28, concerning an inquiry by a judicial candidate as to whether he or she could respond to a candidate questionnaire prepared by the New York State Right to Life Committee (“RTL questionnaire”). In the RTL questionnaire, the candidate is asked a series of questions concerning the candidate’s personal beliefs on abortion, the beginning of life, Roe v. Wade, the definition of personhood, the New York and United States Constitutions, and so on. Each question asking for the …

The Power Of Suggestion: Can A Judicial Standing Order Disrupt A Norm?, Kimberly A. Jolson

University of Cincinnati Law Review

No abstract provided.

Preemptive Dicta: The Problem Created By Judicial Efficiency, Judith M. Stinson

Loyola of Los Angeles Law Review

Judges regularly espouse dicta. Traditional obiter dicta, remarks that are clearly asides and not about issues considered in the case, can be easily ignored by subsequent courts. But one particular form of dicta is especially problematic because it is more difficult to ignore. Judicial efficiency dicta are statements in judicial opinions about issues involved in the case and likely to present themselves again, but not necessary for the outcome of the case. While those statements are often about issues actually considered and may contribute to judicial efficiency by saving courts time when reconsidering issues already litigated, just like obiter dicta, …

Jack Weinstein: Reimagining The Role Of The District Court Judge, Jessica A. Roth

Articles

This essay, for a symposium issue of the Federal Sentencing Reporter dedicated to the impact of Judge Jack Weinstein on the occasion of his retirement from the federal bench, highlights how Judge Weinstein has re-imagined the role of the district court judge. Through his judicial opinions, extrajudicial writings and speeches, and his innovative use of the court’s supervisory authority, Judge Weinstein has challenged, and in some cases altered, the status quo in the realm of criminal sentencing. In doing so, he has established a forceful example of how district court judges can use their position to advocate for and effect …

A Fireside Chat With Supreme Court Justices Mcmillian And Warren, Carla Wong Mcmillian, Sarah Hawkins Warren

Edith House Lectures

The Women's Law Student Association is hosting the 38th Annual Edith House Lecture featuring Georgia Supreme Court Justices Carla Wong McMillian and Sarah Hawkins Warren. Inaugurated in 1983, the Edith House Lecture Series honors one of the first female graduates of the School of Law, Edith Elizabeth House. House was co-valedictorian of the law class of 1925 and enjoyed a distinguished career in public service.

In a moderated “fireside chat” format, Justices McMillian and Warren spoke about their backgrounds, experiences as women in the legal profession, and paths to Georgia’s highest court. Students and faculty had the opportunity to ask …

Egyptian Public Law Judge: Reviewing Public Economic Policies From Nationalization To Privatization, Omar El Menshawy

Theses and Dissertations

Do public law judges play a role in public economic policies in Egypt? Egypt has witnessed rough changes, leading to the adoption of different public economic policies. Public law judges have played a key role in these economic shifts. However, the efficacy of this role is pending on the satisfaction or dissatisfaction of the government with the courts and the judicial decisions. This paper argues that the government posses the upper hand in dealing with the judicial influence in economic issues in Egypt. The paper scrutinizes the transformation in the judicial attitude towards government economic policies. Specifically, the paper demarcates …

The Power Of Interpretation: Minimizing The Construction Zone, John O. Mcginnis, Michael B. Rappaport

Notre Dame Law Review

One of the most important conceptual innovations within modern originalism is the distinction between a zone of interpretation and a zone of construction. When constitutional provisions have a determinate meaning, decisions find that meaning occurs within the interpretation zone. But when the original meaning of a constitutional provision is indeterminate, decisions are based on something other than the original meaning and occur within the construction zone.

This Article represents the first sustained challenge to the importance of the distinction. It argues that a variety of techniques enhance the power of interpretation to resolve uncertainties and thus greatly reduce the size …

Mobile Methadone Clinics: A Necessary Step In Fighting The Opioid Epidemic, Laurel E. Via

University of Richmond Law Review

Part I of this Article will discuss the rise in opioid use disorder, the need for effective treatment, and the utility of methadone maintenance treatment options, as well as the history of the ban on mobile clinics. Part II will discuss the NPRM issued by the DEA on February 26, 2020, and explain the likely impact of the rule. Part III will provide an overview of the NPRM in its current form, explain its likely impact as written and show that mobile clinics are effective treatment options, and then argue that while a great start, the NPRM should be amended …

Religious Exemptions As Rational Social Policy, Justin W. Aimonetti, M. Christian Talley

University of Richmond Law Review

In its 1963 decision Sherbert v. Verner, the Supreme Court interpreted the Free Exercise Clause to permit religious exemptions from general laws that incidentally burdened religious practice. Sherbert, in theory, provided stringent protections for religious freedom. But those protections came at a price. Religious adherents could secure exemptions even if they had no evidence the laws they challenged unfairly targeted their religious conduct. And they could thereby undermine the policy objectives those laws sought to achieve. Because of such policy concerns, the Court progressively restricted the availability of religious exemptions. In its 1990 decision Employment Division v. Smith …

Comparative Judicialism, Popular Sovereignty, And The Rule Of Law: The Us And Uk Supreme Courts, Lissa Griffin, Thomas Kidney

Washington and Lee Law Review Online

What does the future hold for the US and UK Supreme Courts? Both courts face an uncertain future in which their roles in their constitutional systems will come under intense scrutiny and pressure. The tension between the rule of law, often seen as the preserve of the judicial branches of government, and the sovereignty of the elected branches is palpable. In a time of the “strong man,” allegedly “populist leaders” who seemingly are pushing the limits of the rule of law, the breakdown of collaboration and debate, and the ever-present influence of social media, this tension will only become more …

Why Judicial Independence Fails, Aziz Z. Huq

Northwestern University Law Review

Judicial independence seems under siege. President Trump condemns federal courts for their political bias; his erstwhile presidential opponents mull various court-packing plans; and courts, in turn, are lambasted for abandoning a long-held constitutional convention against institutional manipulation. At the same time, across varied lines of jurisprudence, the Roberts Court evinces a deep worry about judicial independence. This preoccupation with threats to judicial independence infuses recent opinions on administrative deference, bankruptcy, patent adjudication, and jurisdiction-stripping. Yet the Court has not offered a single, overarching definition of what it means by the term “judicial independence.” Nor has it explained how its disjointed …