Fields V. Speaker Of Pennsylvania House Of Representatives,
2021
New York Law School
Fields V. Speaker Of Pennsylvania House Of Representatives, Heidi Moore
NYLS Law Review
No abstract provided.
Banksy: Artist, Prankster, Or Both?,
2021
New York Law School
The “Critical Stage” Of Plea-Bargaining And Disclosure Of Exculpatory Evidence,
2021
New York Law School
The “Critical Stage” Of Plea-Bargaining And Disclosure Of Exculpatory Evidence, Gabriella Castellano
NYLS Law Review
No abstract provided.
Rethinking "Political" Considerations In Investment,
2021
Boston University School of Law
Rethinking "Political" Considerations In Investment, David H. Webber
Faculty Scholarship
Five years ago, Professor David H. Webber was invited to deliver an address both to our Delaware Law School community and to the Delaware Bench and Bar as Visiting Scholar in Residence of Corporate and Business Law. Webber's Speech, "Rethinking 'Political' Considerations in Investment," made several predictions about the rise of politicized investment which were quite prescient. As relevant today as when it was delivered, this piece explores the consideration of investment factors outside the traditional realm of shareholder profit maximization, both in its current state and in the future. Webber's analysis of how investors balance the role of capital …
Prospective Overruling Unravelled,
2021
Allard School of Law at the University of British Columbia
Prospective Overruling Unravelled, Samuel Beswick
All Faculty Publications
Judges have a dual role: they decide cases and they determine the law. These functions are conventionally understood to be intertwined: adjudication leads to case law, and disputes over judge-made laws lead to adjudication. Because judgments involve the resolution of past disputes, judge-made law is retrospective. The retrospective nature of judicial law-making can seem to work an injustice in hard cases. It appears unfair and inefficient for novel judicial decisions to apply to conduct occurring prior to the date judgment is handed down. A proposed solution is to separate the law-making and adjudicatory functions of courts. This is the technique …
Judicial Independence At Twilight,
2021
Indiana University Maurer School of Law
Judicial Independence At Twilight, Charles G. Geyh
Articles by Maurer Faculty
Judicial independence is a fixture of American government, but its structure has never been fully understood. As long as the federal judiciary has survived episodic attacks with its independence intact, there has been no pressing need to know how or why. But a confluence of cyclical, sustained, and sudden developments now threatens the federal judiciary’s autonomy in arguably unprecedented ways and demands a more comprehensive analysis of judicial independence and its vulnerabilities. This article begins by reconceptualizing the structure of judicial independence in three tiers. At the apex is an ancient, Rule of Law Paradigm, which proceeds from the premise …
Evidence: Evidence Of Memory From Brain Data,
2021
University of California Hastings College of Law
Evidence: Evidence Of Memory From Brain Data, Emily Murphy
The Judges' Book
No abstract provided.
Charles Reich, New Dealer,
2021
Touro University Jacob D. Fuchsberg Law Center
Rethinking Appeals,
2021
Touro University Jacob D. Fuchsberg Law Center
Rethinking Appeals, Uri Weiss
Touro Law Review
This paper makes the point that a court decision that is open to an appeal is akin to a take-it-or-leave-it settlement proposal for both parties. For the case to not be appealed, both parties need to “take,” i.e., accept, this proposal. Thus, on one hand, if both parties cannot achieve a settlement by themselves, they usually benefit from the right to appeal. On the other hand, a right to appeal activates the regressive effects that characterize settlements, which also applies to lower-court decisions. For example, legal uncertainty has a regressive effect on lower-court decisions: if the judge wishes to block …
But Is It Good: The Need To Measure, Assess, And Report On Court-Connected Adr,
2021
Texas A&M University School of Law
But Is It Good: The Need To Measure, Assess, And Report On Court-Connected Adr, Nancy A. Welsh
Cardozo Journal of Conflict Resolution
We know that very few civil matters reach disposition through trial-but what do we really know about how civil cases DO reach disposition? What number of civil cases reach disposition through settlement? What number of civil cases reach settlement through court-connected "alternative" dispute resolution (ADR)? Do we know enough about the results of court-connected ADR to be able to detect potential patterns of systemic discrimination? This Article examines what we know from federal and state court systems' public reporting and finds: 1) only a minority of federal district courts and state court systems report regarding dispositions through settlement; 2) there …
1877
The Jurisprudence Of The First Woman Judge, Florence Allen: Challenging The Myth Of Women Judging Differently, Tracy A. Thomas
Akron Law Faculty Publications
This Article delves into the life and work of Judge [Florence] Allen to provide insight to the contributions and jurisprudence of the first woman judge. For history questions what difference putting a woman on the bench might have made. Part I explores Allen’s early influences on her intellectual development grounded in her progressive and politically active family, and her close network of female professional friends. Part II discusses her pivotal work with the women’s suffrage movement, working with the national organizations in New York and leading the legal and political efforts in Ohio. This proactive commitment to gender justice, however, …
Funeral Poverty,
2021
Creighton University School of Law
Funeral Poverty, Victoria J. Haneman
University of Richmond Law Review
This Article makes a unique contribution to the literature by drawing attention to the financial burden of death service being shouldered by those who are “relatively poor,” or those for whom everyday life may be a financial struggle. The thesis is equal parts positive, normative, descriptive, and prescriptive: it is imperative that options be made available to transition human remains in a way that does not exacerbate cycles of poverty and allows for the living to preserve dignity. This need calls for important changes to existing legal structures, including modernization of consumer protection regulation, change to laws regulating the death …
Majestic Law And The Subjective Stop,
2021
Benjamin N. Cardozo School of Law
Majestic Law And The Subjective Stop, Kyron J. Huigens
Articles
Justice John Paul Stevens subscribed to "a majestic conception" of the Constitution. This Article articulates and defends that vision. Majestic law and legal reasoning characteristically involve frank moral reasoning, such as one finds in the Eighth Amendment's "evolving standards of decency" test for proportionate punishment, or in Due Process formulations such as an appeal to "immutable principles of justice, which inhere in the very idea of free government." Majestic law employs moral values, norms, and judgments in legal reasoning, taking them on their own terms. Majestic legal reasoning does not weigh revealed preferences for decency, for example. It asks whether …
Review Of The Judicial Tug Of War: How Lawyers, Politicians, And Ideological Incentives Shape The American Judiciary,
2021
Washington University in St. Louis School of Law
Review Of The Judicial Tug Of War: How Lawyers, Politicians, And Ideological Incentives Shape The American Judiciary, Christina L. Boyd, Matthew E. Baker
Scholarship@WashULaw
In their new book, Bonica and Sen promise a JUDICIAL TUG OF WAR, and they deliver. THE JUDICIAL TUG OF WAR: HOW LAWYERS, POLITICIANS, AND IDEOLOGICAL INCENTIVES SHAPE THE AMERICAN JUDICIARY investigates the battle between the legal profession and political elites “in which the judiciary not only is the prize to be won but is also caught in the middle” (p. 19). The result of this high stakes conflict is a judiciary tinged by politics. In modern times, the legal bar pulls the judiciary to the left, while political elites, on average, yank back toward the right. As Bonica and …
Supreme Court Reform And American Democracy,
2021
Washington University in St. Louis School of Law
Supreme Court Reform And American Democracy, Daniel Epps, Ganesh Sitaraman
Scholarship@WashULaw
In "How to Save the Supreme Court," we identified the legitimacy challenge facing the Court, traced it to a set of structural flaws, and proposed novel reforms. Little more than a year later, the conversation around Supreme Court reform has only grown louder and more urgent. In this Essay, we continue that conversation by engaging with critics of our approach. The current crisis of the Supreme Court is, we argue, inextricable from the question of the Supreme Court’s proper role in our democracy. For those interested in reform, there are three distinct strategies for ensuring the Supreme Court maintains its …
The Recent Changes Introduced To The Method Of Removal Of Judges Of The Supreme Court Of Bangladesh & The Consequent Triumph Of An All-Powerful Executive Over The Judiciary: Judicial Independence In Peril,
2021
Thomas More Law School
The Recent Changes Introduced To The Method Of Removal Of Judges Of The Supreme Court Of Bangladesh & The Consequent Triumph Of An All-Powerful Executive Over The Judiciary: Judicial Independence In Peril, M. Ehteshamul Bari
Cardozo International & Comparative Law Review
Nothing contributes more to the firmness and independence of the judiciary as permanency in office, as it enables judges to decide cases, regardless of whether their decisions please the executive or the legislature. The Constitution of Bangladesh, 1972, originally empowered the Parliament to remove judges of the Supreme Court only on the grounds of proved misbehavior or incapacity. However, the Constitution (Fourth Amendment) Act, 1975, which replaced parliamentary democracy with a presidential form of government, empowered the President to remove the judges of the Supreme Court in accordance with his own will. But two years later in April 1977, the …
Filling Judge Flaum's Vacant Seventh Circuit Seat,
2021
University of Richmond - School of Law
Filling Judge Flaum's Vacant Seventh Circuit Seat, Carl Tobias
Law Faculty Publications
"On November 30, 2020, United States Court of Appeals for the Seventh Circuit Judge Joel Flaum assumed senior status after completing more than forty years in public service as one of the nation’s preeminent jurists. By then, Judge Flaum had compiled the longest active status tenure provided by a federal appellate court jurist, serving over practically thirty-eight years, six as chief judge of the prominent tribunal. On this day, the Senate also promptly resumed Congress’ lame duck session, which the upper chamber had begun after voters chose Joe Biden as President yet concomitantly appeared to retain a close Grand Old …
Mergers, Macs, And Covid-19,
2021
Boston College Law School
Mergers, Macs, And Covid-19, Brian Jm Quinn
University of Richmond Law Review
The conventional wisdom is that MAE/MACs in merger agreements provide an opportunity for buyers to renegotiate merger agreements in the event of intervening adverse events. However, the experience following the COVID-19 outbreak suggests that the conventional wisdom is incorrect or at least overstated. In fact, MAE/MACs shift the risk of exogenous adverse events (like COVID-19) to buyers while leaving only the risks of adverse endogenous and semi-endogenous events with the seller. The consequence of this risk-shifting is to strictly limit the circumstances under which a buyer can credibly lean on a MAE/MAC to threaten to terminate a merger agreement and …
Almond Beverage, Oat Water, And Soaked Soybean Juice: How The Dairy Pride Act Attempts To Remedy Consumer Confusion About Plant-Based Milks,
2021
University of Richmond School of Law
Almond Beverage, Oat Water, And Soaked Soybean Juice: How The Dairy Pride Act Attempts To Remedy Consumer Confusion About Plant-Based Milks, Michelle E. Hoffer
University of Richmond Law Review
With sales of plant-based milks, such as almond and soy milk, on the rise and dairy industry sales declining, dairy industry supporters are taking issue with plant-based milk products calling themselves “milk.”10 In an effort to combat the “mislabeling” of non-dairy products, a few Senators banded together in an attempt to save the dairy industry by creating the DAIRY PRIDE Act.11 The Act was introduced in an effort to prohibit plant-based milk producers from using the term “milk” on their products and instead use a less misleading name, such as “almond imitation milk” or “soy beverage.”12 This Comment argues that, …
Abolishing The Communications Decency Act Might Sanitize "Political Biased," "Digitally Polluted," And "Dangerously Toxic" Social Media? - Judicial And Statistical Guidance From Federal-Preemption, Safe-Harbor And Rights-Preservation Decisions,
2021
Saint Mary's University School of Law
Abolishing The Communications Decency Act Might Sanitize "Political Biased," "Digitally Polluted," And "Dangerously Toxic" Social Media? - Judicial And Statistical Guidance From Federal-Preemption, Safe-Harbor And Rights-Preservation Decisions, Willy E. Rice
Faculty Articles
Sitting and former U.S. Presidents, as well as members of the general public, financial, political and educational institutions, use social media. Yet, an overwhelming majority of users, content creators, parents, "conservatives," "progressives," Democrats, and Republicans distrust social media owners. Some critics allege that owners "digitally pollute" platforms by encouraging users to post "corrosive, dangerous, toxic, and illegal content." Other critics assert that service providers' purportedly objective content moderation algorithms are biased-discriminating irrationally on the basis of users' political association, ideology, socioeconomic status, gender, and ethnicity. Republicans and Democrats have crafted roughly twenty bills on this matter. In theory, the enacted …
