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The Fellows of the American Bar Foundation
THE FELLOWS OF THE AMERICAN BAR FOUNDATION 2015-2016 2015-2016 Fellows Officers: Chair Hon. Cara Lee T. Neville (Ret.) Chair – Elect Michael H. Byowitz Secretary Rew R. Goodenow Immediate Past Chair Kathleen J. Hopkins The Fellows is an honorary organization of attorneys, judges and law professors whose pro- fessional, public and private careers have demonstrated outstanding dedication to the welfare of their communities and to the highest principles of the legal profession. Established in 1955, The Fellows encourage and support the research program of the American Bar Foundation. The American Bar Foundation works to advance justice through ground-breaking, independ- ent research on law, legal institutions, and legal processes. Current research covers meaning- ful topics including legal needs of ordinary Americans and how justice gaps can be filled; the changing nature of legal careers and opportunities for more diversity within the profession; social and political costs of mass incarceration; how juries actually decide cases; the ability of China’s criminal defense lawyers to protect basic legal freedoms; and, how to better prepare for end of life decision-making. With the generous support of those listed on the pages that follow, the American Bar Founda- tion is able to truly impact the very foundation of democracy and the future of our global soci- ety. The Fellows of the American Bar Foundation 750 N. Lake Shore Drive, 4th Floor Chicago, IL 60611-4403 (800) 292-5065 Fax: (312) 564-8910 [email protected] www.americanbarfoundation.org/fellows OFFICERS AND DIRECTORS OF THE Rew R. Goodenow, Secretary AMERICAN BAR FOUNDATION Parsons Behle & Latimer David A. -
The Court of Appeals for the Federal Circuit 2007
American University Law Review Volume 56 | Issue 4 Article 1 2007 Price of Popularity: The ourC t of Appeals for the Federal Circuit 2007 Jay S. Plager United States Court of Appeals for the Federal Circuit Follow this and additional works at: http://digitalcommons.wcl.american.edu/aulr Part of the Courts Commons Recommended Citation Plager, Jay S. “Price of Popularity: The ourC t of Appeals for the Federal Circuit 2007.” American University Law Review 56, no. 4 (February 2007): 751-760. This Foreword is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University Law Review by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Price of Popularity: The ourC t of Appeals for the Federal Circuit 2007 Abstract This year marked the twenty-fifth nniva ersary of the establishment of the Court of Appeals for the Federal Circuit. The nniva ersary was acknowledged with appropriate ceremony, including an en banc session of the court on April 2 attended by various luminaries in the judicial and political branches of the United States. The somewhat tongue-in-cheek title of this essay is intended to suggest an important idea about the court today: with increased visibility, significance, and impact have come consequences, some desirable, some not. This essay undertook a brief review of how the court got where it is, and a look at what these consequences may be. -
Articles Lightened Scrutiny
VOLUME 124 MARCH 2011 NUMBER 5 © 2011 by The Harvard Law Review Association ARTICLES LIGHTENED SCRUTINY Bert I. Huang TABLE OF CONTENTS INTRODUCTION .......................................................................................................................... 1111 I. DEFERENCE ADRIFT? ........................................................................................................... 1116 A. The Judges’ Hypothesis .................................................................................................... 1118 B. In Search of Evidence ...................................................................................................... 1119 II. A NATURAL EXPERIMENT: “THE SURGE” ..................................................................... 1121 A. The Unusual Origins of the Surge ................................................................................... 1122 B. Toward a Causal Story ..................................................................................................... 1123 C. A Second Experiment ....................................................................................................... 1126 III. FINDINGS: LIGHTENED SCRUTINY ............................................................................... 1127 A. The Data ............................................................................................................................. 1127 B. Revealed Deference .......................................................................................................... -
United States Court of Appeals
United States Court of Appeals Fifth Federal Judicial Circuit Louisiana, Mississippi, Texas Circuit Judges Priscilla R. Owen, Chief Judge ...............903 San Jacinto Blvd., Rm. 434 ..................................................... (512) 916-5167 Austin, Texas 78701-2450 Carl E. Stewart ......................................300 Fannin St., Ste. 5226 ............................................................... (318) 676-3765 Shreveport, LA 71101-3425 Edith H. Jones .......................................515 Rusk St., U.S. Courthouse, Rm. 12505 ................................... (713) 250-5484 Houston, Texas 77002-2655 Jerry E. Smith ........................................515 Rusk St., U.S. Courthouse, Rm. 12621 ................................... (713) 250-5101 Houston, Texas 77002-2698 James L. Dennis ....................................600 Camp St., Rm. 219 .................................................................. (504) 310-8000 New Orleans, LA 70130-3425 Jennifer Walker Elrod ........................... 515 Rusk St., U.S. Courthouse, Rm. 12014 .................................. (713) 250-7590 Houston, Texas 77002-2603 Leslie H. Southwick ...............................501 E. Court St., Ste. 3.750 ........................................................... (601) 608-4760 Jackson, MS 39201 Catharina Haynes .................................1100 Commerce St., Rm. 1452 ..................................................... (214) 753-2750 Dallas, Texas 75242 James E. Graves Jr. ................................501 E. Court -
Regulating Local Variations in Federal Sentencing
BIBAS LOCAL VARIATIONS IN FEDERAL SENTENCING 58 STAN. L. REV. 137 10/28/2005 1:29:23 PM REGULATING LOCAL VARIATIONS IN FEDERAL SENTENCING Stephanos Bibas* INTRODUCTION................................................................................................ 137 I. TYPES, COSTS, AND SOURCES OF LOCAL VARIATION.................................. 139 A. Justified and Unjustified Types of Local Variation............................. 139 B. Sources of Local Variation.................................................................. 141 II. A CASE STUDY OF UNJUSTIFIED VARIATION: FAST-TRACK PROGRAMS.... 145 III. A MIXED BAG: SUBSTANTIAL ASSISTANCE DEPARTURES ........................ 148 A. How Substantial Assistance Works in Practice................................... 148 B. How To Achieve the Right Blend of Uniformity .................................. 151 CONCLUSION ................................................................................................... 154 INTRODUCTION While federalism justifies variations among state laws, federal criminal law is supposed to be a uniform national response to crimes of national import. On paper, a single set of federal criminal statutes and Federal Sentencing Guidelines applies uniformly throughout the United States. But in practice, federal criminal charges and sentences vary greatly from state to state and from district to district. For example, some districts regularly prosecute low-level drug offenders. Others set high drug-quantity thresholds for charging and refer less significant cases -
Lower Courts of the United States
68 U.S. GOVERNMENT MANUAL include the Administrative Assistant to of procedure to be followed by the the Chief Justice, the Clerk, the Reporter lower courts of the United States. of Decisions, the Librarian, the Marshal, Court Term The term of the Court the Director of Budget and Personnel, begins on the first Monday in October the Court Counsel, the Curator, the and lasts until the first Monday in Director of Data Systems, and the Public October of the next year. Approximately 8,000 cases are filed with the Court in Information Officer. the course of a term, and some 1,000 Appellate Jurisdiction Appellate applications of various kinds are filed jurisdiction has been conferred upon the each year that can be acted upon by a Supreme Court by various statutes under single Justice. the authority given Congress by the Access to Facilities The Supreme Court Constitution. The basic statute effective is open to the public from 9 a.m. to 4:30 at this time in conferring and controlling p.m., Monday through Friday, except on jurisdiction of the Supreme Court may Federal legal holidays. Unless the Court be found in 28 U.S.C. 1251, 1253, or Chief Justice orders otherwise, the 1254, 1257–1259, and various special Clerk’s office is open from 9 a.m. to 5 statutes. Congress has no authority to p.m., Monday through Friday, except on change the original jurisdiction of this Federal legal holidays. The library is Court. open to members of the bar of the Court, Rulemaking Power Congress has from attorneys for the various Federal time to time conferred upon the departments and agencies, and Members Supreme Court power to prescribe rules of Congress. -
Report of the Proceedings of the Judicial Conference
-REPORTOF THE PROCEEDINGS OF THE JUDICIAL CONFERENCE OF THE UNITED STATES MARCH 16, 1999 WASHINGTON, D.C. JUDICIAL CONFERENCE OF THE UNITED STATES CHIEFJUSTICE WILLIAM H. REHNQUIST, PRESIDING LEONIDAS RALPH MECHAM, SECRETARY REPORT OF THE PROCEEDINGS OF THE JUDICIAL CONFERENCE OF THE UNITED STATES March 16, 1999 Contents Call of the Conference........................... ......... ....4 Reports ...................................... ........ ....4 Elections...................................... .......... ....4 Executive Committee............................ .... ... ...4 Federal Employees' Group Life Insurance ........ .......... ....5 Budgetary Matters......................... .... .... ..6 Federal Courts Improvement Legislation ......... .... ... ...6 Miscellaneous Actions...................... ......... ....7 Committee on the Administrative Office .............. ......... ....7 Committee Activities....................... .......... ....8 Committee on Automation and Technology ........... ......... ....8 Courtroom Technologies .................... ...... ... 8 Long Range Plan for Information Technology. ....... ... 8 Access to Internet Sites .................... Committee on the Administration of the Bankruptcy System .............. .9 Bankruptcy Judgeships ................................... .9 Bankruptcy Estate Administration ........................... 10 Committee on the Budget....................................... Committee Activities..................................... Committee on Codes of Conduct................................. -
An Empirical Study of the Ideologies of Judges on the Unites States
JUDGED BY THE COMPANY YOU KEEP: AN EMPIRICAL STUDY OF THE IDEOLOGIES OF JUDGES ON THE UNITED STATES COURTS OF APPEALS Corey Rayburn Yung* Abstract: Although there has been an explosion of empirical legal schol- arship about the federal judiciary, with a particular focus on judicial ide- ology, the question remains: how do we know what the ideology of a judge actually is? For federal courts below the U.S. Supreme Court, legal aca- demics and political scientists have offered only crude proxies to identify the ideologies of judges. This Article attempts to cure this deficiency in empirical research about the federal courts by introducing a new tech- nique for measuring the ideology of judges based upon judicial behavior in the U.S. courts of appeals. This study measures ideology, not by subjec- tively coding the ideological direction of case outcomes, but by determin- ing the degree to which federal appellate judges agree and disagree with their liberal and conservative colleagues at both the appellate and district court levels. Further, through regression analysis, several important find- ings related to the Ideology Scores emerge. First, the Ideology Scores in this Article offer substantial improvements in predicting civil rights case outcomes over the leading measures of ideology. Second, there were very different levels and heterogeneity of ideology among the judges on the studied circuits. Third, the data did not support the conventional wisdom that Presidents Ronald Reagan and George W. Bush appointed uniquely ideological judges. Fourth, in general judges appointed by Republican presidents were more ideological than those appointed by Democratic presidents. -
The United States Government Manual 2002/2003
The United States Government Manual 2002/2003 Office of the Federal Register National Archives and Records Administration VerDate 11-MAY-2000 02:14 Aug 24, 2002 Jkt 010199 PO 00000 Frm 00001 Fmt 6996 Sfmt 6996 W:\DISC\189864PL.XXX txed01 PsN: txed01 Revised June 1, 2002 Raymond A. Mosley, Director of the Federal Register. John W. Carlin, Archivist of the United States. On the cover: Photograph by Ansel Adams of an unnamed peak in Kings River Canyon, California, circa 1936. From the collection of the National Archives and Records Administration. Ansel Adams (1902-1984) was one of America’s greatest landscape photographers. He is best known for his vistas of the American west and its national parks. His black-and-white photos capture the beauty and vastness of this Nation’s wilderness, as well as its stark simplicity. This year marks the 100th anniversary of his birth. For sale by the U.S. Government Printing Office Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402–9328 ii VerDate 11-MAY-2000 02:14 Aug 24, 2002 Jkt 010199 PO 00000 Frm 00002 Fmt 6996 Sfmt 6996 W:\DISC\189864PL.XXX txed01 PsN: txed01 Preface As the official handbook of the Federal Government, The United States Government Manual provides comprehensive information on the agencies of the legislative, judicial, and executive branches. The Manual also includes information on quasi- official agencies; international organizations in which the United States participates; and boards, commissions, and committees. A typical agency description includes a list of principal officials, a summary statement of the agency’s purpose and role in the Federal Government, a brief history of the agency, including its legislative or executive authority, a description of its programs and activities, and a ‘‘Sources of Information’’ section. -
17-15016 Date Filed: 03/27/2020 Page: 1 of 104
Case: 17-15016 Date Filed: 03/27/2020 Page: 1 of 104 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-15016 ________________________ D.C. Docket No. 5:14-mc-00002-MTT MARION E. PITCH, The Personal Representative of the Estate of Anthony S. Pitch, Plaintiff – Appellee, LAURA WEXLER, Intervenor, versus UNITED STATES OF AMERICA, Defendant – Appellant. ________________________ Appeal from the United States District Court for the Middle District of Georgia ________________________ (March 27, 2020) Case: 17-15016 Date Filed: 03/27/2020 Page: 2 of 104 Before ED CARNES, Chief Judge, WILSON, WILLIAM PRYOR, MARTIN, JORDAN, ROSENBAUM, JILL PRYOR, NEWSOM, BRANCH, GRANT, TJOFLAT, and MARCUS, Circuit Judges.* TJOFLAT, Circuit Judge: The grand jury, as an institution, has long been understood as a “constitutional fixture in its own right,” operating independently of any branch of the federal government. United States v. Williams, 504 U.S. 36, 47, 112 S. Ct. 1735, 1742 (1992) (internal quotation marks omitted). That independence allows the grand jury to serve as a buffer between the government and the people with respect to the enforcement of the criminal law. But the ability of the grand jury to serve this purpose depends upon maintaining the secrecy of its proceedings. The long-established policy of upholding the secrecy of the grand jury helps to protect the innocent accused from facing unfounded charges, encourages full and frank testimony on the part of witnesses, and prevents interference with the grand jury’s deliberations. See Douglas Oil Co. v. Petrol Stops Nw., 441 U.S. -
Yale Law School 2019–2020
BULLETIN OF YALE UNIVERSITY BULLETIN OF YALE BULLETIN OF YALE UNIVERSITY Periodicals postage paid New Haven ct 06520-8227 New Haven, Connecticut Yale Law School 2019–2020 Yale Law School Yale 2019–2020 BULLETIN OF YALE UNIVERSITY Series 115 Number 11 August 10, 2019 BULLETIN OF YALE UNIVERSITY Series 115 Number 11 August 10, 2019 (USPS 078-500) The University is committed to basing judgments concerning the admission, education, is published seventeen times a year (one time in May and October; three times in June and employment of individuals upon their qualifications and abilities and a∞rmatively and September; four times in July; five times in August) by Yale University, 2 Whitney seeks to attract to its faculty, sta≠, and student body qualified persons of diverse Avenue, New Haven CT 06510. Periodicals postage paid at New Haven, Connecticut. backgrounds. In accordance with this policy and as delineated by federal and Connecticut law, Yale does not discriminate in admissions, educational programs, or employment Postmaster: Send address changes to Bulletin of Yale University, against any individual on account of that individual’s sex, race, color, religion, age, PO Box 208227, New Haven CT 06520-8227 disability, status as a protected veteran, or national or ethnic origin; nor does Yale discriminate on the basis of sexual orientation or gender identity or expression. Managing Editor: Kimberly M. Go≠-Crews University policy is committed to a∞rmative action under law in employment of Editor: Lesley K. Baier women, minority group members, individuals with disabilities, and protected veterans. PO Box 208230, New Haven CT 06520-8230 Inquiries concerning these policies may be referred to Valarie Stanley, Director of the O∞ce for Equal Opportunity Programs, 221 Whitney Avenue, 4th Floor, 203.432.0849. -
1 This Document Contains All Published Opinions Interpreting The
INTERNATIONAL HUMAN RIGHTS LAW CLINIC BOALT HALL, SCHOOL OF LAW • ALIEN TORT CLAIMS ACT CASE COMPENDIUM This document contains all published opinions interpreting the Alien Tort Claims Act as of March 2004. It is not meant to be a searchable database but instead to provide a quick review of cases filed, litigated, or adjudicated. Please keep the following in mind when consulting this document: Organization of the Document: Each case is summarized in a separate table that lists: (1) the case name and citation; (2) the name of the presiding judge and, where available, the name of the U.S. President who appointed the judge; (3) a factual summary; (4) the holding of the opinion; e.g. motion to dismiss denied; and (5) the primary reasoning and arguments advanced along with the defenses asserted. We also specifically note the international law norms discussed as well as the analysis of any disputed customary international law norm. Please note that not all cases that survive a motion for summary judgment or dismissal have continued to be litigated and for some cases there was no further public history or data. All cases are organized alphabetically by the name of the first party. If more than one decision is issued in a particular case, we have organized the decisions in chronological order (beginning with the earliest and progressing to the most recent decision). Cases in which multiple opinions have been issued are listed together and include the most recent available status, e.g., on appeal; final judgment entered; or seeking enforcement of final judgment.