Category Archives: Jurisprudence

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

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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

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Amanda Harris, Surpassing Sentencing: The Controversial Next Step in Confrontation Clause Jurisprudence

After Crawford v. Washington opened the door to a Confrontation Clause debate in 2004, the United States Supreme Court has consistently confronted confrontation issues arising out of the Crawford interpretation. One issue that the Supreme Court has not yet tackled … Continue reading

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Chad M. Oldfather, Joseph P. Bockhorst, Brian P. Dimmer, Triangulating Judicial Responsiveness: Automated Content Analysis, Judicial Opinions, and the Methodology of Legal Scholarship

The increasing availability of digital versions of court documents, coupled with increases in the power and sophistication of computational methods of textual analysis, promises to enable both the creation of new avenues of scholarly inquiry and the refinement of old … Continue reading

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Benjamin H. Barton, An Empirical Study of Supreme Court Justice Pre-Appointment Experience

This Article compares the years of experience that preceded each Justice‘s appointment to the United States Supreme Court. This Article seeks to demonstrate that the background experiences of the Roberts Court Justices are quite different from those of earlier Supreme … Continue reading

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Kathryn A. Kimball, Losing our Soul: Judicial Discretion in Sentencing Child Pornography Offenders

63 Fla. L. Rev. 1515 (2011)| | | | Child pornography offenders capitalize on the vulnerability of children and find pleasure in their victims’ humiliation. In United States v. Irey, the defendant sadistically raped, sodomized, and tortured more than fifty … Continue reading

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