Deep Tracks: Album Cuts That Help Define The Essential Scalia,
2021
Boston Univeristy School of Law
Deep Tracks: Album Cuts That Help Define The Essential Scalia, Gary S. Lawson
Faculty Scholarship
Jeff Sutton and Ed Whelan have collected some of Justice Scalia’s “greatest hits” in a volume entitled The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. The book is an excellent introduction to the jurisprudential thought and literary style of one of the most influential legal thinkers—and legal writers—in modern times. As with any “greatest hits” compilation, however, there are inevitably going to be key “album cuts” for which there will not be space. This essay seeks to supplement Sutton and Whelan’s invaluable efforts by surveying three of those “deep tracks” that shed particular light on …
The Architecture Of Judicial Ethics,
2021
Indiana University Maurer School of Law
The Architecture Of Judicial Ethics, Charles G. Geyh
Articles by Maurer Faculty
In 1999, Professor Stephen Burbank wrote an article entitled The Architecture of Judicial Independence. It is a foundational piece that gave structure to what was then an understudied field. At the heart of that article is a profound insight: stable and enduring judicial systems are the product of forces in constructive tension. Thus, in the context of judicial administration, Burbank conceptualized judicial independence with reference to judicial accountability, and characterized pressure points in the relationship between them as complementary, not contradictory; and in later work, he made a similar point about the interplay between the law and policy in judicial …
Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism,
2021
Touro Law Center
Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism, Rodger D. Citron
Scholarly Works
No abstract provided.
Ruth Bader Ginsburg, Wise Legal Giant,
2021
Touro Law Center
Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer
Touro Law Review
No abstract provided.
Mercy In American Law: The Promise Of The Adoption Of The Outlook Of Jewish Law,
2021
Touro University Jacob D. Fuchsberg Law Center
Mercy In American Law: The Promise Of The Adoption Of The Outlook Of Jewish Law, Yehiel Kaplan
Touro Law Review
Under Jewish law, mercy and compassion are essential principles to ensure the presence of a just legal system. Not only do mercy and compassion in the law preserve traditional values of human dignity, implementing a more compassionate legal system has practical benefits in both the spheres of legal judgment and of legal punishment. This article will compare the Jewish legal system’s application of these necessary doctrines to how other modern legal systems, including the American legal system, implement mercy and compassion. As a result of this in-depth comparison, this article recommends that the American legal system, and other modern legal …
Proving The Constitution: Burdens Of Proof And The Confrontation Clause,
2021
University of Richmond
Proving The Constitution: Burdens Of Proof And The Confrontation Clause, Enrique Schaerer
University of Richmond Law Review
In law, we never prove anything to 100% certainty. For factual propositions, the proponent has the burden of proving them to the satisfaction of a standard: a preponderance of the evidence at the low end; clear and convincing evidence in the middle; proof beyond a reasonable doubt at the high end. The standards are often explicit. Yet, for legal propositions, standards are often implicit or lacking altogether. This Article argues that, to decide legal issues, courts may look to similar burdens of proof that they use to decide factual issues. They should do so informally, using burdens of proof just …
The Promise Of Senior Judges,
2021
Duke Law School
The Promise Of Senior Judges, Marin K. Levy
Faculty Scholarship
Judges, lawmakers, and scholars have long debated whether the federal courts of appeals are understaffed and, if so, how Congress should go about redressing that fact. Even though there is currently a strong argument that some new judgeships should be created, such a path presents logistical complications. If a significant number of seats are added to the appellate bench, circuits may eventually become too large to function well. And if a significant number of circuits are ultimately split, the total number of federal appellate courts may become too large for the judiciary as a whole to function well. Furthermore, there …
Judges As Superheroes: The Danger Of Confusing Constitutional Decisions With Cosmic Battles,
2021
Duke Law School
Judges As Superheroes: The Danger Of Confusing Constitutional Decisions With Cosmic Battles, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
John Marshall Harlan And Constitutional Adjudication: An Anniversary Rehearing,
2021
Duke Law School
John Marshall Harlan And Constitutional Adjudication: An Anniversary Rehearing, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
The Office Of The Chief Circuit Judge,
2021
Duke Law School
The Office Of The Chief Circuit Judge, Marin K. Levy, Jon O. Newman
Faculty Scholarship
Despite famously being called, merely, “one among equals,” the Chief Judge of a federal court of appeals plays a significant role on their court. Internally, the Chief Judge is responsible for everything from overseeing the circuit’s budget to influencing how the court’s sitting calendar is set, from selecting judges who will sit by designation to reviewing complaints of misconduct against judges in their circuit. Externally, the Chief Judge serves as the court’s representative to the Judicial Conference of the United States, the national policy-making body for the federal courts. Outside of official duties, the Chief Judge may initiate projects, which …
Trump V. Mazars Usa, Llp: The Case Of The Chief Justice And The Congressional Subpoenas,
2021
Touro Law Center
Trump V. Mazars Usa, Llp: The Case Of The Chief Justice And The Congressional Subpoenas, Rodger D. Citron
Scholarly Works
No abstract provided.
Seeking Economic Justice In The Face Of Enduring Racism,
2021
Touro Law Center
Seeking Economic Justice In The Face Of Enduring Racism, Deseriee A. Kennedy
Scholarly Works
No abstract provided.
Ruth Bader Ginsburg, Wise Legal Giant,
2021
Touro Law Center
Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer
Scholarly Works
No abstract provided.
Rbg And Gender Discrimination,
2021
Touro Law Center
Directors’ Duty Of Care In Times Of Financial Distress Following The Global Epidemic Crisis,
2020
Brooklyn Law School
Directors’ Duty Of Care In Times Of Financial Distress Following The Global Epidemic Crisis, Leon Yehuda Anidjar
Brooklyn Journal of International Law
The global COVID-19 pandemic is causing the large-scale end of life and severe human suffering globally. This massive public health crisis created a significant economic crisis and is reflected in a recession of global production and the collapse of confidence in the functions of markets. Corporations and boards of directors around the world are required to design specific strategies to tackle the negative consequences of the crisis. This is especially true for small and medium-sized enterprises (SMEs) that suffered tremendous economic loss, and their continued existence as ongoing concern is under considerable risk. Given these uncertain financial times, this Article …
The Rise Of Transnational Commercial Courts: The Astana International Financial Centre Court,
2020
Hamad bin Khalifa University, College of Law
The Rise Of Transnational Commercial Courts: The Astana International Financial Centre Court, Ilias Bantekas
Pace International Law Review
The proliferation of international commercial courts aims to boost income from legal services and serve as a catalyst for newly found rules of law and thus attract investor confidence. The latter is the underlying purpose for the creation of the Astana International Financial Centre (AIFC) and its Court. The Court’s legal framework is set out in the tradition of its competitors in the Gulf and similarly employs an impressive lineup of former senior judges from the United Kingdom. It is a unique experiment because it strives to create a balance between maintaining a judicial institution of the highest caliber while …
Law School News: 'Unmatched Opportunities' 12-16-2020,
2020
Roger Williams University School of Law
Law School News: 'Unmatched Opportunities' 12-16-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law School News: Mike Andrews '97 Nominated To U.S. Court Of Federal Claims 12-15-2020,
2020
Roger Williams University School of Law
Law School News: Mike Andrews '97 Nominated To U.S. Court Of Federal Claims 12-15-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Judges Behaving Badly . . . Then Slinking Away,
2020
University of Michigan Law School
Judges Behaving Badly . . . Then Slinking Away, Maureen Carroll
Reviews
A federal judge is accused of misconduct and an investigation begins. Before the investigation has concluded, though, the judge leaves her post. What happens next? Does it create an accountability gap, and if so, how much should that concern us? These are the questions that Veronica Root Martinez takes up in Avoiding Judicial Discipline.
The Surprising Views Of Montesquieu And Tocqueville About Juries: Juries Empower Judges,
2020
Louisiana State University Law Center
The Surprising Views Of Montesquieu And Tocqueville About Juries: Juries Empower Judges, Renée Lettow Lerner
Louisiana Law Review
Both Montesquieu and Tocqueville thought that an independent judiciary was key to maintaining a moderate government of ordered liberty. But judicial power should not be exercised too openly, or the people would view judges as tyrannical. In Montesquieu's and Tocqueville's view, the jury was an excellent mask for the power of judges. Both Montesquieu and Tocqueville thought that popular juries had many weaknesses in deciding cases. But, as Tocqueville made clear, the firm guidance of the judge in instructions on law and comments on evidence could prevent juries from going astray and make the institution a "free school" for democracy. …
