Browsing by Title
Now showing items 8282-8301 of 17688
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(2006)Federal courts of appeals are constrained by the power and preferences of the Supreme Court. The principal-agent model reveals that circuit judges gain power largely by avoiding review. We consider, however, whether circuit ...
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(Notre Dame Law Review, 1999)One little-noticed side effect of the litigation explosion in this country is the exponential growth of federal doctrines designed to simplify complex litigation. Many of these doctrines have been created and applied largely ...
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(Ohio State Law Journal, 2003)Is the federal judiciary truly an independent body? A quick glance at the Constitution would suggest the answer is yes. The Constitution provides for life tenure and a difficult removal process for federal judges that ...
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(Georgia State University Law Review, 1998)I begin with a question: why have a conference on judicial independence? To find the answer, one need only read the newspapers. Judicial independence-as well as its political counterpart, judicial impeachment-is a hot topic ...
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(Stanford Law Review, 2005)Prosecutors control statutory ranges by selecting charges. In addition, prosecutors decide whether to use or forego special sentencing statutes that carry mandatory minimum penalties higher than the maximum Guidelines ...
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(Vanderbilt Law Review, 2017)In twenty-five different experiments conducted on over 2,200 judges, we assessed whether judges' political ideology influences their resolution of hypothetical cases. Generally, we found that the political ideology of the ...
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(George Mason Law Review, 2015)This Article evaluates judicial review of agency benefit-cost analysis ("BCA") by examining a substantial sample of thirty-eight judicial decisions on agency actions that implicate BCA. Essentially, the Administrative ...
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(New York University Law Review, 2004)This Article contends that the current law governing judicial review of agency inaction, though consistent with the prevailing theory of agency legitimacy, is inconsistent with the founding principles of the administrative ...
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(Vanderbilt Law Review, 1993)Incumbent management has long enjoyed broad discretion in its use of Rights Plans in proxy contests and joint offers. Legal scholars have accepted the justifications for permitting incumbents such latitude with little ...
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(Judicature, 2021)Judicial temperament is something we think all judges must have: We assess it at all critical junctures of a judge’s career. At the same time, judicial temperament is something no one can quite put a finger on. Most often, ...
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(Vanderbilt University, 2010-04-09)
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(Vanderbilt University, 2005-06-06)
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(Vanderbilt University, )
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(2008-12-30)Department: Microbiology and ImmunologyDiverse families of viruses bind immunoglobulin superfamily (IgSF) proteins located in tight junctions and adherens junctions of epithelium and endothelium. However, little is known about the roles of these receptors in ...
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(SMU Law Review, 2014)This essay offers a menu of procedural alternatives for coping with the potential, some would say inevitable, abandonment of the prior conviction exception to the rule in Apprendi v. New Jersey. It compiles options states ...
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(DePaul Law Review, 2002)Richard Lempert, a Professor of Law and Sociology at the University of Michigan criticized our recent article on judge and jury performance of a punitive damage judgment task, calling it a "failure of a social science case ...
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(2018-07-31)Department: SociologyBefore the cementation of Jim Crow laws, free black women tried to gain access to upper-class ‘Ladies Cars’ by asserting their status as ‘ladies’ upon the railroad, with some success. I am studying the legal ambiguity ...
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(Chicago Journal of International Law, 2002)Recent US court enforcement of foreign forum-selection clauses is durable only to the extent that the clauses make the contracts more valuable to the parties. The clauses can create value by making dispute resolution ...
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(Northwestern University Law Review, 2003)This article addresses the state's police power authority to deprive people of liberty based on predictions of antisocial behavior. Most conspicuously exercised against so-called "sexual predators," this authority purportedly ...
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(Michigan Law Review, 1996)This article examines two aspects of the jury system that have attracted far less attention from scholars than from the popular press: avoidance of jury duty by some citizens, and misconduct while serving by others. ...