Open Access. Powered by Scholars. Published by Universities.®

Judges Commons

Open Access. Powered by Scholars. Published by Universities.®

5,464 Full-Text Articles 3,648 Authors 1,845,133 Downloads 144 Institutions

All Articles in Judges

Faceted Search

5,464 full-text articles. Page 1 of 135.

To Bail Or Not To Bail: Protecting The Presumption Of Innocence In Nevada, Ebeth Palafox, Brendan McLeod 2019 Nevada Law Journal

To Bail Or Not To Bail: Protecting The Presumption Of Innocence In Nevada, Ebeth Palafox, Brendan Mcleod

Nevada Law Journal Forum

This white paper aims to discuss the issues associated with bail reform in Nevada, provide an analysis of bail reform efforts across the country, and purpose possible solutions for obstacles to bail reform in Nevada. The white paper’s proposed recommendations for practical bail reform is a three-phase plan to eliminate the injustices that arise from Nevada’s current cash bail model.


Deliberation And Decision-Making Process In The Inter-American Court Of Human Rights: Do Individual Opinions Matter?, Ranieri L. Resende 2019 Northwestern Pritzker School of Law

Deliberation And Decision-Making Process In The Inter-American Court Of Human Rights: Do Individual Opinions Matter?, Ranieri L. Resende

Northwestern Journal of Human Rights

The work is focused on the adjudicatory nature of the Inter-American Court of Human Rights and investigates its model of deliberation, considering three basic schemes: per curiam, seriatim and hybrid. In order to identify an institutional pattern, the importance of individual opinions is analyzed through the quantitative performance of each category of judge (ad hoc and regular), as well as each type of adjudicative activity (judgments and advisory opinions). The quantitative data is also useful to better understand the explicit assimilation of separate opinions to the core reasoning of future cases. As a result, it has been possible to identify ...


Oral Argument Tactics On The Supreme Court Bench: A Comparative Analysis Of Verbal Tools Used By Justices Sotomayor, Kagan, And Gorsuch, Corinne Cichowicz 2019 Ursinus College

Oral Argument Tactics On The Supreme Court Bench: A Comparative Analysis Of Verbal Tools Used By Justices Sotomayor, Kagan, And Gorsuch, Corinne Cichowicz

Politics Honors Papers

Oral argument scholars like Adam Feldman have categorized the Supreme Court justices’ behavior during oral argument using the approach-based method, labeling each as one-sided, even-handed, or restrained. This approach is too narrowly constructed. Scholars sometimes categorize justices in terms of the tools they use, which include questions, hypotheticals, declarations, interruptions, tone of voice, and silence (Feldman 2018a). Neither of these methods alone produce a nuanced analysis of each justice’s actions during an individual case or across a Term. As the Court’s composition and dynamics are continuously changing, scholarship on oral argument needs to adapt to become more effective ...


The Kavanaugh Hearings And The Search For A Just Justice, Caroline Fredrickson 2019 American Constitution Society

The Kavanaugh Hearings And The Search For A Just Justice, Caroline Fredrickson

Golden Gate University Law Review

The evaluation of judicial nominees.


Ledezma-Cosino V. Sessions: The Ninth Circuit Maintains Archaic View That Alcoholism Is A Moral Character Flaw, Corey Timpson 2019 Golden Gate University School of Law

Ledezma-Cosino V. Sessions: The Ninth Circuit Maintains Archaic View That Alcoholism Is A Moral Character Flaw, Corey Timpson

Golden Gate University Law Review

This Note focuses on one historically uncommon way in which courts decide to deport an undocumented immigrant seeking cancellation of removal. The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) in Ledezma-Cosino v. Sessions found an undocumented immigrant seeking cancellation of removal ineligible because he was considered a “habitual drunkard.” Ultimately, his case was reheard en banc where the Ninth Circuit vacated the original three-judge panel opinion and upheld the Immigration Judge and the Board of Immigration Appeals’ decision finding Ledezma-Cosino ineligible for cancellation of removal because he was a habitual drunkard.

The first part of this ...


Cassirer V. Thyssen-Bornemisza Collection Foundation: The Holocaust Expropriated Art Recovery Act Was Unveiled But Congress Still Has Work To Do, Nicholas Joy 2019 Golden Gate University School of Law

Cassirer V. Thyssen-Bornemisza Collection Foundation: The Holocaust Expropriated Art Recovery Act Was Unveiled But Congress Still Has Work To Do, Nicholas Joy

Golden Gate University Law Review

Section I of this Note discusses the case’s procedural history. Section II discusses the Cassirer family story and looks at the history of America’s legislative efforts aimed at impacting Holocaust-era art restitution litigation since the end of WWII. Section III discusses the Ninth Circuit’s application of HEAR and compares it to subsequent interpretations of the Act. Lastly, section IV discusses changes that Congress could make to HEAR that would help ensure that the Act has the impact that the legislature intended.


Introduction, The Hon. Michelle T. Friedland 2019 Ninth Circuit Court of Appeals

Introduction, The Hon. Michelle T. Friedland

Golden Gate University Law Review

No abstract provided.


Judges Of The United States Court Of Appeals For The Ninth Circuit, 2019 Golden Gate University School of Law

Judges Of The United States Court Of Appeals For The Ninth Circuit

Golden Gate University Law Review

No abstract provided.


Front Matter, 2019 Golden Gate University School of Law

Front Matter

Golden Gate University Law Review

Front Matter includes Masthead, Table of Contents, Faculty, and Preface.


The Neural Correlates Of Third-Party Punishment, Owen D. Jones, Joshua Buckholtz, Christopher L. Asplund, Paul E. Dux, David H. Zald, John C. Gore, Rene Marois 2019 Vanderbilt University

The Neural Correlates Of Third-Party Punishment, Owen D. Jones, Joshua Buckholtz, Christopher L. Asplund, Paul E. Dux, David H. Zald, John C. Gore, Rene Marois

Owen Jones

This article reports the discovery, from the first full-scale law and neuroscience experiment, of the brain activity underlying punishment decisions.

We used functional magnetic resonance imaging (fMRI) to measure brain activity of subjects as they read hypothetical scenarios about harm-causing protagonists and then decided whether to punish and, if so, how much.

The key variables were: a) presence or absence of excusing, justifying, or otherwise mitigating factors (such as acting under duress); and b) harm severity (which ranged from a stolen CD to a rape/murder/torture combination).

Findings include:

(1) Analytic and emotional brain circuitries are jointly involved, yet ...


Parsing The Behavioral And Brain Mechanisms Of Third-Party Punishment, Owen D. Jones, Matthew Ginther, Richard J. Bonnie, Morris B. Hoffman, Francis X. Shen, Kenneth W. Simons, Rene Marois 2019 Court of Federal Claims

Parsing The Behavioral And Brain Mechanisms Of Third-Party Punishment, Owen D. Jones, Matthew Ginther, Richard J. Bonnie, Morris B. Hoffman, Francis X. Shen, Kenneth W. Simons, Rene Marois

Owen Jones

The evolved capacity for third-party punishment is considered crucial to the emergence and maintenance of elaborate human social organization and is central to the modern provision of fairness and justice within society. Although it is well established that the mental state of the offender and the severity of the harm he caused are the two primary predictors of punishment decisions, the precise cognitive and brain mechanisms by which these distinct components are evaluated and integrated into a punishment decision are poorly understood.

Using a brain-scanning technique known as functional magnetic resonance imaging (fMRI), we implemented a novel experimental design to ...


First Women Lawyers In Rhode Island: Dedication First Women Of The Rhode Island Bar (1920-1979) 04-11-2019, Roger Williams University School of Law 2019 Roger Williams University

First Women Lawyers In Rhode Island: Dedication First Women Of The Rhode Island Bar (1920-1979) 04-11-2019, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Attorney General V Mutuna And Others (Appeal No. 088/2012) [2013] Zmsc 38, Muna B. Ndulo 2019 Cornell University Law School

Attorney General V Mutuna And Others (Appeal No. 088/2012) [2013] Zmsc 38, Muna B. Ndulo

Muna B Ndulo

No abstract provided.


Textualism For Realists, Ian Samuel 2019 Indiana University Maurer School of Law

Textualism For Realists, Ian Samuel

Michigan Law Review

Review of Richard L. Hasen's The Justice of Contradictions: Antonin Scalia and the Politics of Disruption.


Legislatively Directed Judicial Activism: Some Reflections On The Meaning Of The Civil Justice Reform Act, Matthew R. Kipp, Paul B. Lewis 2019 Skadden, Arps, Slate, Meagher & Flom

Legislatively Directed Judicial Activism: Some Reflections On The Meaning Of The Civil Justice Reform Act, Matthew R. Kipp, Paul B. Lewis

Paul Lewis

With the Civil Justice Reform Act (CJRA), Congress attempted to further a trend that the federal judiciary had undertaken largely on its own initiative. Sensing a critical need to address the mounting expense and delay of federal civil litigation, Congress, like the judiciary, sought to increase the degree of early and active involvement of judges in the adjudicatory process. The result of this mandate has been a further emphasis on the role of the judge as a case manager. As a necessary corollary, the liberty and self-determination of individual litigants-ideals that have historically been seen as philosophical cornerstones of the ...


50 Years Of Excellence: A History Of The St. Mary's Law Journal, Barbara Hanson Nellermoe 2019 45th District Court

50 Years Of Excellence: A History Of The St. Mary's Law Journal, Barbara Hanson Nellermoe

St. Mary's Law Journal

Founded in 1969, the St. Mary’s Law Journal has climbed the road to excellence. Originally built on the foundation of being a “practitioner’s journal,” the St. Mary’s Law Journal continues to produce quality scholarship that is nationally recognized and frequently used by members of the bench and bar. From its grassroots origins to the world-class law review it is today, the St. Mary’s Law Journal continues to maintain its prestigious position in the realm of law reviews by ranking in the top five percent most-cited law reviews in federal and state courts nationwide.

In celebration of ...


10th Annual Chief Justice Ronald M. George Distinguished Lecture: Judicial Insights With Judge Michelle T. Friedland, Golden Gate University School of Law 2019 Golden Gate University School of Law

10th Annual Chief Justice Ronald M. George Distinguished Lecture: Judicial Insights With Judge Michelle T. Friedland, Golden Gate University School Of Law

Ronald M. George Distinguished Lecture Series

5:00 p.m. WELCOME — Anthony Niedwiecki Dean, Golden Gate University School of Law

LAW REVIEW INTRODUCTION —
Stephanie Nathaniel (JD 19) Editor-in-Chief, Golden Gate University Law Review. Nicholas Joy (JD 19) Cassirer v. Thyssen-Bornemisza Collection Foundation: The Holocaust Expropriated Art Recovery Act Was Unveiled But Congress Still Has Work To Do.
Corey Timpson (JD 19) Ledezma-Cosino v. Sessions: The Ninth Circuit Maintains Archaic View That Alcoholism is a Moral Character Flaw.

5:30 p.m. INTRODUCTIONS Jennifer Babcock Associate Professor, Golden Gate University School of Law

5:40 p.m. IN CONVERSATION
Hon. Michelle T. Friedland Judge, U.S. Court ...


The Interdependent Relationship Of A Free Press And An Independent Judiciary In A Constitutional Democracy, Robert J. Cordy 2019 McDermott Will & Emery

The Interdependent Relationship Of A Free Press And An Independent Judiciary In A Constitutional Democracy, Robert J. Cordy

Boston College Law Review

For nearly 240 years, we have recognized, at least constitutionally, that it is essential to the very existence of a constitutional democracy that there be an independent judiciary and a free press. What is not often appreciated is how dependent these two vital institutions are upon each other. Certainly, judges and journalists rarely think in such terms. But events occurring at home and around the world in fledgling and failing democracies should heighten our awareness and appreciation for their interdependence, and help us better understand the liberties and fundamental rights they protect.


Specialized Trial Courts In Patent Litigation: A Review Of The Patent Pilot Program's Impact On Appellate Reversal Rates At The Five-Year Mark, Amy Semet 2019 Princeton University

Specialized Trial Courts In Patent Litigation: A Review Of The Patent Pilot Program's Impact On Appellate Reversal Rates At The Five-Year Mark, Amy Semet

Boston College Law Review

Do specialized trial court judges make more accurate decisions in patent law cases? In 2011, Congress passed a law setting up a ten-year pilot program to enhance expertise in patent litigation by funneling more trial court decisions to fourteen select district courts. Now that the five-year mark has passed, has the program had its intended effect of increasing accuracy, as measured by less reversal of pilot judges by the Federal Circuit? This Article analyzes trial court patent cases filed from September 2011 through September 2016, focusing specifically on whether the appellate treatment of cases heard by district court judges participating ...


Half A Century Of Supreme Court Clean Air Act Interpretation: Purposivism, Textualism, Dynamism, And Activism, David M. Driesen, Thomas M. Keck, Brandon T. Metroka 2019 Syracuse University College of Law

Half A Century Of Supreme Court Clean Air Act Interpretation: Purposivism, Textualism, Dynamism, And Activism, David M. Driesen, Thomas M. Keck, Brandon T. Metroka

Washington and Lee Law Review

This Article addresses the history of the Supreme Court’s interpretation of the Clean Air Act, which now goes back almost half a century. Many scholars have argued that the Court has shifted from an approach to statutory interpretation that relied heavily on purposivism—the custom of giving statutory goals weight in interpreting statutes—toward one that relies more heavily on textualism during this period. At the same time, proponents of dynamic statutory interpretation have argued that courts, in many cases, do not so much excavate a statute’s meaning as adapt a statute to contemporary circumstances.


Digital Commons powered by bepress