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Judges

Judgmental Judges Are Enemies of Progress

Ottilia Anna Maunganidze | Posted 05.11.2016 | World
Ottilia Anna Maunganidze

In an ideal world, judges do not subscribe to Cesare Lombroso's racialised typology of a criminal. Instead, they must apply their minds to each case without fear, favor or prejudice.

Bad Faith or Bad Principle? On Chief Justice Roberts, the Affordable Care Act and Judicial Restraint

Evan Bernick | Posted 05.10.2016 | Politics
Evan Bernick

Judges who draw their power from Article III have a duty to exercise independent judgment in interpreting the meaning of the Constitution and the meaning of subordinate enactments.

ICC President on Opening the Permanent HQ: 'The International Criminal Court Is Here to Stay'

Silvia Fernández de Gurmendi | Posted 04.19.2016 | World
Silvia Fernández de Gurmendi

The inauguration of the ICC's Permanent Premises gives us all, court officials, states and the international community as a whole, the opportunity to make a pause in our journey to celebrate what has been already achieved through our collective efforts to enhance accountability.

I Couldn't Disagree More With What David Brooks Said In His Article "How Covenants Make Us"

Mark Baer | Posted 04.15.2016 | Politics
Mark Baer

I typically agree with much of what David Brooks has to say. However, I'm afraid that he was way off the mark with his article "How Covenants Make Us." Demographic diversity in the United States is a good thing. The problem has to do with the lack of integration and assimilation of demographically diverse communities.

How Locking Up Judges Could End Debtors' Prisons

The Huffington Post | Ryan J. Reilly | Posted 03.18.2016 | Politics

WASHINGTON -- Justice Department officials warned U.S. judges and court administrators this week that practices like incarcerating poor people without...

Create Fixed Judicial Terms to Depoliticize Supreme Court Nominations

Doug Bandow | Posted 03.14.2016 | Politics
Doug Bandow

The Constitution gives the Senate the power to advise and consent. That body is empowered to say no as well as yes. And the most important qualification for office is philosophical. Put simply: Does the nominee believe the Constitution means anything apart from the jurists' personal preferences? If not, then the Senate should reject the nomination.

Justice Ginsburg at the Centennial of Justice Brandeis' nomination to the Supreme Court: the Notorious RBG meets the Notorious LDB

Frederick M. Lawrence | Posted 02.11.2016 | Education
Frederick M. Lawrence

For any one of these aspects of the life of Louis Brandeis -- lawyer, scholar, justice -- we would remember him today as a figure of insight, brilliance, creativity, and moral courage. The combination renders him an extraordinary figure in the practice of law, legal scholarship, judicial craftsmanship and jurisprudence, and civic activism on both a national and international scale.

A Time Without Judges

Trey Lyon | Posted 12.30.2015 | Religion
Trey Lyon

We are at a crisis in our country whenever a trained adult with authorization to use deadly force deploys it on a 12 year old with impunity. Wherever the fault lies, the only way any hope in the police force or the governing process can be restored is for wholesale condemnation of the officer's actions.

Decision Points: Reporting on Caseflow Affects Pretrial Jail Populations

Jeffrey Colbath | Posted 12.16.2015 | Crime
Jeffrey Colbath

Judges play a critical role in a typical criminal case, not only in the most direct ways--delivering bail and sentencing decisions--but also through managing trial speed. For example, it is estimated that two-thirds of Palm Beach County's inmates are awaiting court appearances.

9 Things Foster Parents Need to Know Before Writing to the Judge

Dawn Teo | Posted 12.08.2015 | Parents
Dawn Teo

Many foster parents do not know that any "interested party" can communicate with the judge who oversees a dependency case.

'Justice Redeemed,' A Conversation With Scott Pratt

Mark Rubinstein | Posted 11.23.2015 | Books
Mark Rubinstein

Scott Pratt, the bestselling author of the Joe Dillard series of legal thrillers, worked as a criminal defense lawyer before writing his first novel, An Innocent Client.

Wanted: Supreme Court Justices With Grit

Evan Bernick | Posted 11.03.2015 | Politics
Evan Bernick

As we look towards the very real possibility that the next President of the United States will have an opportunity to nominate several Supreme Court justices, it is critically important to focus attention on a judicial virtue that has been neglected of late: Grit, that is, firmness of mind in the face of adversity.

The Current Senate Gridlock Is Hurting the Diversity of Our Justice System

Robert T. Maldonado | Posted 10.22.2015 | Politics
Robert T. Maldonado

Judge Restrepo's story of immigrant success seems to be on hold for the moment. That's because he's been waiting since November 2014, when President Barack Obama appointed him to serve on the Third Circuit Court of Appeals, to be confirmed as an appeals court judge.

The KKK's 'Coup Attempt' in Kenya

ADST | Posted 10.20.2015 | World
ADST

Kenya of the late 80's was essentially a single-party state, with the president holding almost complete control. President Moi ruled from 1978 through 2002 and worked to crush movements among academics to initiate democratic reforms.

Domestic Violence Victims Should Be Supported, Not Jailed

Katie Ray-Jones | Posted 10.12.2015 | Crime
Katie Ray-Jones

Like many people, I was outraged when I saw the video of Florida judge Jerri Collins throwing a woman in jail after holding her in contempt of court for not showing up to testify against her allegedly abusive husband.

Divorce: It's Time to Go Private

Ayesha Vardag | Posted 09.24.2015 | Divorce
Ayesha Vardag

Nobody plans to get divorced. However, the fact is that more than half of marriages end this way, with many people facing lengthy court battles with their former spouse, either to defend or claim what they feel is rightfully theirs.

Empathy and Decision Making

Mark Baer | Posted 08.17.2015 | Divorce
Mark Baer

We are both members of The Esquire Network (TEN) and he has been mentioning that we seem to have very similar approaches to the practice of law and suggesting that we should discuss it further over breakfast. We did just that.

We Need Criminal and Civil Justice Reform

Carla DiMare | Posted 08.11.2015 | Politics
Carla DiMare

President Obama recently highlighted the need for criminal justice reform which complements the bipartisan effort to reform our criminal justice system. However, reforming only the criminal justice system falls short of what is needed.

Oh No! The Supreme Court's Opinion Season Was So Head-Spinning That One Federal Court Got Whiplash

Laura Murray-Tjan | Posted 07.29.2015 | Politics
Laura Murray-Tjan

Those of us outside the courthouse cannot know which cases fall by the wayside, receiving less judicial attention than they require. Every litigant expects what the courts promise: Justice. But some of us aren't getting it.

Tipping the Scales of Justice: Why Don't We See More Women in Law Enforcement?

Andrea Dew Steele | Posted 07.08.2015 | Politics
Andrea Dew Steele

I think back to that experience with Kamala and I can honestly tell you that even with all of Kamala's strengths -- an extremely successful litigation career, an excellent fundraising network and plenty of charisma -- taking on "the Old Boys' Club" was extremely challenging.

Reforming Our Justice System

Carla DiMare | Posted 06.19.2015 | Politics
Carla DiMare

How do we improve the judiciary? Easy. Change the law. Some suggestions will cost our country virtually nothing, but will reap benefits of fairness, justice, social order and peace, particularly for the most vulnerable.

Why Has a Key Federal Judgeship in Wisconsin Been Vacant for 2,000 Days?

Nan Aron | Posted 06.09.2015 | Politics
Nan Aron

After five years of stall tactics and changing the rules to whatever suits him, Senator Ron Johnson long ago forfeited whatever deference he feels he is owed. The president has a list of names and he should act, selecting the nominee who will best protect the rights of everyday people in Illinois, Indiana, and Wisconsin.

Judicial Co-Equality Is Not Judicial Supremacy: Why the Judiciary Has the Final Say in Constitutional Disputes

Evan Bernick | Posted 06.01.2015 | Politics
Evan Bernick

To say that the judiciary is duty-bound to say "what the law is" and should not simply rubber-stamp the actions of the other branches is not to say that the other branches have a duty to obey its decisions. But holding the contrary position would make the judiciary an inferior branch and risk creating an uncertain and dangerous state of affairs.

How Family Law Attorneys Tend to Think, Part III

Mark Baer | Posted 05.10.2016 | Divorce
Mark Baer

Part II of this series ended with the following question from an attorney colleague on the listserv for the Family Law Section of the Los Angeles Coun...

Is the King Solomon Story Really About Mediating or Judging?

Mark Baer | Posted 06.27.2015 | Divorce
Mark Baer

It's amazing how many ways Biblical text can be interpreted and the fact that the same people are willing to interpret the exact same text differently for their own selfish and self-serving purposes, as the need arises.