Topic
Court Reform
Posts
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Online2021
Appointing Lesbian, Gay, Bisexual, Transgender and Queer Judges in the Trump Administration
President Donald Trump incessantly brags that American citizens selected him to “Make the Judiciary Great Again” and constantly reminds the public that…
Carl Tobias -
ArticleVol. 94 · Iss. 6
Justice Stevens, The Writer
In any discussion about United States Supreme Court Justice John Paul Stevens, you’re likely to hear him labeled in a variety of ways—as a…
Sonja R. West -
CommentaryVol. 94 · Iss. 4
Confirming Supreme Court Justices in a Presidential Election Year
Justice Antonin Scalia’s death prompted United States Senate Majority Leader Mitch McConnell (R-Ky.) and Judiciary Committee Chair Chuck Grassley (R-Iowa) to argue that the…
Carl Tobias -
CommentaryVol. 91 · Iss. 1
Salvaging the 2013 Federal Law Clerk Hiring Season
Ten years ago, the judiciary instituted the Federal Law Clerk Hiring Plan, an employment system meant to regularize hiring in which most circuit and…
Carl Tobias -
ArticleVol. 98 · Iss. 3
Active Virtues
Constitutional theory has long been influenced by the idea that the Supreme Court exercises “passive virtues,” avoiding politically divisive cases that threaten its legitimacy.…
Michael D. Gilbert & Mauricio A. Guim -
CommentaryVol. 90 · Iss. 3
Managerial Judging and Substantive Law
In this Article, I examine the interface between substantive law and managerial judging. My aim is not to criticize the dominant strain of current…
Tobias Barrington Wolff -
ArticleVol. 90 · Iss. 3
The 9/11 Litigation Database: A Recipe for Judicial Management
The terrorist attacks on the Twin Towers on September 11, 2001, presented the American legal system with unprecedented challenges regarding whether, and how, to…
Alvin K. Hellerstein, James A. Henderson Jr. & Aaron D. Twerski -
CommentaryVol. 90 · Iss. 2
Considering Lesbian, Gay, Transgender, and Bisexual Nominees for the Federal Courts
In April 2010, President Barack Obama nominated Edward DuMont to the United States Court of Appeals for the Federal Circuit, while more than one…
Carl Tobias -
ArticleVol. 89 · Iss. 4
Judging, Expertise, and the Rule of Law
We live in an era of hyper specialization. Professionals across a spectrum of fields focus on mastering and practicing in narrow subspecialties. This is…
Chad M. Oldfather -
ArticleVol. 89 · Iss. 3
Theorizing Mental Health Courts
To date, no scholarly article has analyzed the theoretical basis of mental health courts, which currently exist in forty-three states. This Article examines the…
E. Lea Johnston