Category Archives: Judicial Systems

Anne R. Traum, Using Outcomes to Reframe Guilty Plea Adjudication

The Supreme Court’s 2012 decisions in Lafler v. Cooper and Missouri v. Frye lay the groundwork for a new approach to judicial oversight of guilty pleas that considers outcomes. These cases confirm that courts possess robust authority to protect defendants’ … Continue reading

Posted in Constitutional Law, Criminal Law, Judicial Systems | Comments Off

Kevin J. Lynch, The Lock-in Effect of Preliminary Injunctions

One important bias economists and psychologists have identified is the lock-in effect. The lock-in effect causes a decision maker who must revisit an earlier decision to be locked in to that earlier decision. The effect is particularly pronounced where the … Continue reading

Posted in Civil Procedure, Judicial Systems, Jurisprudence | Comments Off

Charles Gardner Geyh, The Dimensions of Judicial Impartiality

Scholars have traditionally analyzed judicial impartiality piecemeal, in disconnected debates on discrete topics. As a consequence, current understandings of judicial impartiality are balkanized and muddled. This Article seeks to reconceptualize judicial impartiality comprehensively, across contexts. In an era when “we … Continue reading

Posted in Judicial Systems, Jurisprudence | Comments Off

F. Andrew Hessick & Jathan P. McLaughlin, Judicial Logrolling

In the federal judicial system, multiple judges hear cases on appeal. Although assigning cases to multiple judges provides a number of benefits, it also generates the potential for conflict. Because each judge has his own set of preferences and values, … Continue reading

Posted in Judicial Systems, Jurisprudence | Comments Off

Martin H. Redish & Matthew B. Arnould, Judicial Review, Constitutional Interpretation, and the Democratic Dilemma: Proposing a “Controlled Activism” Alternative

No problem generates more debate among constitutional scholars than how to approach constitutional interpretation. This Article critiques two representative theories (or families of theories), originalism and nontextualism, and offers a principled alternative, which we call “controlled activism.” By candidly acknowledging … Continue reading

Posted in Constitutional Law, Judicial Systems | Comments Off

Scott G. Hawkins, Perspective on Judicial Merit Retention in Florida

This November, voters will decide whether to retain in office three justices of the Florida Supreme Court and fifteen judges of the district courts of appeal. This Essay explains the merit retention process and puts that process in historical context. … Continue reading

Posted in Judicial Systems | Comments Off