Stephanos Bibas Senate Judiciary Questionnaire
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Ben Sasse & Deb Fischer
NEBRASKA TAXPAYERS FOR FREEDOM: CONGRESS WATCH BULLETIN. THE VOTING RECORD OF YOUR SENATORS: 2019. 304 North 168 Cir. #213 11819 Miracle Hills Dr. #205 Omaha, NE. 68118 Omaha, NE. 68154 Phone: 402-550-8040 Phone: 402-391-3411 Fax: 402-391-4725 Sen. Ben Sasse Sen. Deb Fischer 116th CONGRESS – 2019 NTF voting scores during this session: FISCHER: 99% 1st Session SASSE: 95% Taxes. S.J. Res. 50: To disapprove a conservative IRS rule relating to charitable contributions and estate tax deductions when a taxpayer receives or expects to receive a corresponding state or local tax credit. BAD BILL/ FAILED Fischer: NO Sasse: NO Spending. HR 3055 Amend. 1019: To reduce amounts appropriated by 2% than amount appropriated in FY 2019 for several federal programs. GOOD AMENDMENT/ FAILED Fischer: YES Sasse: YES Amend. 1141: To prohibit a liberal test for mass transit expenditures. GOOD AMENDMENT/ PASSED Fischer: YES Sasse: YES Amend. 1250: To not reduce amount appropriated by 1% and put savings towards EPA infrastructure assistance. BAD AMENDMENT/ PASSED Fischer: NO Sasse: NO HR 3877: To amend the Balanced Budget Act of 1985 to suspend the federal debt limit. BAD BILL/ PASSED Fischer: NO Sasse: NO HR 4378 Amend. 942: To reduce appropriated amount by 2% for several federal agencies. GOOD AMENDMENT/ FAILED Fischer: YES Sasse: YES PN 150: To confirm Gordon Hartogensis as Director of Pension Benefit Guarantee Corporation. GOOD RESOLUTION/ CONFIRMED Fisher: YES Sasse: YES Government Regulations. PN 22: To confirm Andrew Wheeler as EPA administrator. GOOD RESOLUTION/ CONFIRMED Fischer: YES Sasse: YES PN 47: To confirm Spencer Bacchus III as member of the Export-Import Bank of U.S. -
The Religious Affiliations of Trump's Judicial Nominees
The Religious Affiliations of Trump's Judicial Nominees U.S. Supreme Court Religion Federalist Society Member Neil Gorsuch Catholic/Episcopal Listed on his SJQ U.S. Court of Appeals Amul Thapar Catholic Former John K. Bush Episcopal Yes Kevin Newsom Yes Amy Coney Barrett Catholic Yes Joan Larsen Former David Stras Jewish Yes Allison H. Eid Yes Ralph R. Erickson Catholic Stephanos Bibas Eastern Orthodox Yes Michael B. Brennan Yes L. Steven Grasz Presbyterian (PCA) Yes Ryan Wesley Bounds Yes Elizabeth L. Branch Yes Stuart Kyle Duncan Catholic Yes Gregory G. Katsas Yes Don R. Willett Baptist James C. Ho U.S. District Courts David Nye Mormon Timothy J. Kelly Catholic Yes Scott L. Palk Trevor N. McFadden Anglican Yes Dabney L. Friedrich Episcopal Claria Horn Boom Michael Lawrence Brown William L. Campbell Jr. Presbyterian Thomas Farr Yes Charles Barnes Goodwin Methodist Mark Norris Episcopal Tommy Parker Episcopal William McCrary Ray II Baptist Eli J. Richardson Tripp Self Baptist Yes Annemarie Carney Axon Liles C. Burke Methodist Donald C Coggins Jr. Methodist Terry A. Doughty Baptist Michael J. Juneau Christian A. Marvin Quattlebaum Jr. Presbyterian Holly Lou Teeter Catholic Robert E. Wier Methodist R. Stan Baker Methodist Jeffrey Uhlman Beaverstock Methodist John W. Broomes Baptist Walter David Counts III Baptist Rebecca Grady Jennings Methodist Matthew J. Kacsmaryk Christian Yes, in college Emily Coody Marks Yes Jeffrey C. Mateer Christian Terry F. Moorer Christian Matthew S. Petersen Former Fernando Rodriguez Jr. Christian Karen Gren Scholer Brett Joseph Talley Christian Howard C Nielson, Jr. Daniel Desmond Domenico Barry W. Ashe Kurt D. -
Angry Judges
Angry Judges Terry A. Maroney* Abstract Judges get angry. Law, however, is of two minds as to whether they should; more importantly, it is of two minds as to whether judges’ anger should influence their behavior and decision making. On the one hand, anger is the quintessentially judicial emotion. It involves appraisal of wrongdoing, attribution of blame, and assignment of punishment—precisely what we ask of judges. On the other, anger is associated with aggression, impulsivity, and irrationality. Aristotle, through his concept of virtue, proposed reconciling this conflict by asking whether a person is angry at the right people, for the right reasons, and in the right way. Modern affective psychology, for its part, offers empirical tools with which to determine whether and when anger conforms to Aristotelian virtue. This Article weaves these strands together to propose a new model of judicial anger: that of the righteously angry judge. The righteously angry judge is angry for good reasons; experiences and expresses that anger in a well-regulated manner; and uses her anger to motivate and carry out the tasks within her delegated authority. Offering not only the first comprehensive descriptive account of judicial anger but also first theoretical model for how such anger ought to be evaluated, the Article demonstrates how judicial behavior and decision making can benefit by harnessing anger—the most common and potent judicial emotion—in service of righteousness. Introduction................................................................................................................................ -
Trump Judges: Even More Extreme Than Reagan and Bush Judges
Trump Judges: Even More Extreme Than Reagan and Bush Judges September 3, 2020 Executive Summary In June, President Donald Trump pledged to release a new short list of potential Supreme Court nominees by September 1, 2020, for his consideration should he be reelected in November. While Trump has not yet released such a list, it likely would include several people he has already picked for powerful lifetime seats on the federal courts of appeals. Trump appointees' records raise alarms about the extremism they would bring to the highest court in the United States – and the people he would put on the appellate bench if he is reelected to a second term. According to People For the American Way’s ongoing research, these judges (including those likely to be on Trump’s short list), have written or joined more than 100 opinions or dissents as of August 31 that are so far to the right that in nearly one out of every four cases we have reviewed, other Republican-appointed judges, including those on Trump’s previous Supreme Court short lists, have disagreed with them.1 Considering that every Republican president since Ronald Reagan has made a considerable effort to pick very conservative judges, the likelihood that Trump could elevate even more of his extreme judicial picks raises serious concerns. On issues including reproductive rights, voting rights, police violence, gun safety, consumer rights against corporations, and the environment, Trump judges have consistently sided with right-wing special interests over the American people – even measured against other Republican-appointed judges. Many of these cases concern majority rulings issued or joined by Trump judges. -
Notice-And-Comment Sentencing
Article Notice-and-Comment Sentencing Richard A. Bierschbach† & Stephanos Bibas†† Introduction ................................................................................... 2 I. Plea-Bargained Sentencing: Private Deals vs. The Public Interest ......................................................................... 8 A. The Status Quo: Private Deals ........................................ 8 B. Missing: The Public Interest .......................................... 13 C. An Illustration ................................................................ 17 II. Participation and the Public Interest in Administrative Law ......................................................................................... 20 A. Why Participation Matters ............................................ 20 B. How Participation Works ............................................... 25 1. Mechanisms of Participation ................................... 25 2. Participation, Explanation, and Judicial Review ... 29 C. Criminal Law’s Insularity .............................................. 31 III. Crafting a System of Notice-and-Comment Sentencing ..... 34 A. Wholesale or Retail? ....................................................... 35 B. At the Wholesale Level: Arrests, Charging, Plea Bargaining, Guidelines, and Sentencing ...................... 37 C. At the Retail Level .......................................................... 47 † Associate Professor, Benjamin N. Cardozo School of Law, Yeshiva University. †† Professor of Law and Criminology and Director, -
Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 115 CONGRESS, FIRST SESSION
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, FIRST SESSION Vol. 163 WASHINGTON, THURSDAY, NOVEMBER 2, 2017 No. 178 Senate The Senate met at 9:30 a.m. and was firming President Trump’s outstanding GARDNER. When he introduced his called to order by the President pro nominations to the Federal courts. Al- former professor before the Judiciary tempore (Mr. HATCH). ready this week, we have confirmed Committee, Senator GARDNER noted f two strong, smart, and talented women how much she cared about ‘‘robust de- to serve on our Nation’s circuit courts. bates and hearing the views of others.’’ PRAYER Today we will consider two more well- ‘‘Justice Eid,’’ he said, ‘‘was open to The Chaplain, Dr. Barry C. Black, of- qualified nominees: Allison Eid and their views, engaging with them, and fered the following prayer: Stephanos Bibas. [was] never biased against different Let us pray. First, we will confirm Allison Eid, perspectives.’’ Eternal King, You are great and mar- whom the President has nominated to Later, Justice Eid was appointed to velous. Without Your wondrous deeds, serve on the U.S. Court of Appeals for serve as Colorado’s solicitor general our lawmakers, our Nation, and our the Tenth Circuit. Justice Eid has big and, in 2006, to the Colorado Supreme planet could not survive. Lord, let the shoes to fill in taking that seat—it be- Court. Two years later, 75 percent of nations You have made acknowledge came vacant when Neil Gorsuch as- Coloradans voted to retain her. -
Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 116 CONGRESS, FIRST SESSION
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, FIRST SESSION Vol. 165 WASHINGTON, MONDAY, MARCH 11, 2019 No. 43 House of Representatives The House met at noon and was Grand Island Public Schools actually than we can ever grasp, and as near as called to order by the Speaker pro tem- has partnered with the Career Path- the intake of our own breath. pore (Mr. KILDEE). ways Institute to offer courses on sub- Expose our stubborn bias that de- f jects ranging from business and mar- prives our life. Reconstruct relation- keting to human services and health ships to enliven joy in the work ahead. DESIGNATION OF SPEAKER PRO science. Ignite our integrity and right-size us in TEMPORE Arnold High School’s only School our britches. Refuse our apathy with The SPEAKER pro tempore laid be- House Graphic Products teaches stu- an outpouring of Your hope. Untangle fore the House the following commu- dents about technology, design, and our pride and pain, allowing room for nication from the Speaker: business, with the opportunity to earn Your truth to creep in and guide our WASHINGTON, DC, college credit through Mid-Plains Com- way. March 11, 2019. munity College. We make this prayer resting in the I hereby appoint the Honorable DAN- And Scottsbluff High School recently promise that we belong to You, and IEL T. KILDEE to act as Speaker pro launched its career academies, includ- thus to one another. tempore on this day. ing agriculture, business, and technical Amen. -
13 Troubling Judicial Nominees You Missed This Year by Tony Hanna and Abbey Meller December 20, 2018
13 Troubling Judicial Nominees You Missed This Year By Tony Hanna and Abbey Meller December 20, 2018 The bitter nomination process involving now-U.S. Supreme Court Justice Brett Kavanaugh, which culminated in a contested confirmation vote on October 6, brought the importance of the federal judiciary to the forefront of American politi- cal consciousness. Around the country, tens of thousands of people rallied to protest the influence and effects of the judicial system on issues affecting everyone: health care reproductive rights, civil rights, disability justice, gun violence prevention, and more.1 Although Senate Republican leaders worked hard to shield Kavanaugh’s record from public oversight, hundreds of brave people risked arrest to protest both outside and inside Kavanaugh’s confirmation hearing and, later, at the sham hear- ing2 to investigate the legitimate claim of sexual assault made against Kavanaugh by Christine Blasey Ford. Yet, while concerned citizens were rightfully paying attention to the important debate taking place over the future of the U.S. Supreme Court, the Trump administration and its allies in the Senate were also busy reshaping the lower federal courts. This year, the Senate confirmed a record 65 lower court judges3 to lifetime seats on the federal judiciary. An additional 67 judicial nominees are currently pending Senate action;4 the Senate could still vote on these nominations before the end of the year. In short, the Trump administration and its allies in the Senate are working at a breakneck pace to turn the federal courts into a hyper-conservative body that will implement a partisan political agenda from the bench. -
Third Circuit
Full_Name City State Last_Name Next Clerkship Opening Accepting Applications Mail, Email or OSCAR? Post Grad Experience? Notes Thomas L. Ambro Wilmington DE Ambro 2021 posted on OSCAR online preferred Stephanos Bibas Philadelphia PA Bibas 2020 and 2021 posted on OSCAR online, email, do not send paper preferred Michael A. Chagares Newark NJ Chagares 2022 posted on OSCAR online, paper requires district court clerkship Robert E. Cowen Trenton NJ Cowen No longer hiring term clerks n/a n/a D. Michael Fisher Pittsburgh PA Fisher 2020 posted on OSCAR online May be reducing workload/going to 2021 but not accepting applications 3 clerks. Does not want paper Julio M. Fuentes Newark NJ Fuentes now no online prefers prior clerkship or work experience applications, will post on OSCAR Joseph A. Greenaway, Jr. Newark NJ Greenaway 2020 yes paper requires one year post-grad work experience not hiring at this time, no other Morton I. Greenberg Trenton NJ Greenberg information no paper prefers prior clerkship Thomas M. Hardiman Pittsburgh PA Hardiman 2020 posted on OSCAR online Kent A. Jordan Wilmington DE Jordan 2021 yes paper Cheryl Ann Krause Philadelphia PA Krause 2021 posted on OSCAR online prefers prior clerkship Paul Matey Newark NJ Matey 2021 posted on OSCAR mail, email preferred Prefers candidates with a public interest background and work Theodore A. McKee Philadelphia PA McKee not accepting applications no paper experience Richard Lowell Nygaard Erie PA Nygaard No longer hiring term clerks n/a n/a David J. Porter Pittsburgh PA Porter 2020, 2021, 2022 posted on OSCAR online, paper, email May be reducing workload/going to Marjorie O. -
Rationing Criminal Justice Richard A
Michigan Law Review Volume 116 | Issue 2 2017 Rationing Criminal Justice Richard A. Bierschbach Wayne State University Law School Stephanos Bibas University of Pennsylvania Law School Follow this and additional works at: http://repository.law.umich.edu/mlr Part of the Law and Economics Commons, Law and Society Commons, Law Enforcement and Corrections Commons, and the Public Law and Legal Theory Commons Recommended Citation Richard A. Bierschbach & Stephanos Bibas, Rationing Criminal Justice, 116 Mich. L. Rev. 187 (2017). Available at: http://repository.law.umich.edu/mlr/vol116/iss2/1 This Article is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. RATIONING CRIMINAL JUSTICE Richard A. Bierschbach* & Stephanos Bibas** Of the many diagnoses of American criminal justice’s ills, few focus on exter- nalities. Yet American criminal justice systematically overpunishes in large part because few mechanisms exist to force consideration of the full social costs of criminal justice interventions. Actors often lack good information or incen- tives to minimize the harms they impose. Part of the problem is structural: criminal justice is fragmented vertically among governments, horizontally among agencies, and individually among self-interested actors. Part is a mat- ter of focus: doctrinally and pragmatically, actors overwhelmingly view each case as an isolated, short-term transaction to the exclusion of broader, long- term, and aggregate effects. Treating punishment like other public-law problems of regulation suggests various regulatory tools as potential solutions, such as cost-benefit analysis, devolution, pricing, and caps. -
New York University Annual Survey of American Law E Okuiest Nulsre Faeia a 2014 New York of American Law University Annual Survey
nys70-1_cv_nys70-1_cv 3/2/2015 12:06 PM Page 2 Vol. 70 No. 1 Vol. New York University Annual Survey of American Law New York University Annual Survey of American LawNew York 2014 DEDICATION TO JUDGE GUIDO CALABRESI TRIBUTES Introduction by Dean Richard L. Revesz Introduction by Ted Kelly Chief Judge Robert A. Katzmann Kenji Yoshino Akhil Amar Vincenzo Varano Kenneth S. Abraham Chief Judge Judith S. Kaye Acknowledgment by Judge Guido Calabresi ARTICLES THE REGULATION OF SENTENCING DECISIONS: WHY INFORMATION DISCLOSURE IS NOT SUFFICIENT, AND WHAT TO DO ABOUT IT W.C. Bunting A SCHOLAR ON THE BENCH: A CONVERSATION WITH GUIDO CALABRESI Vittoria Barsotti Volume 70 Issue 1 2014 36095-nys_70-1 Sheet No. 1 Side A 03/04/2015 07:12:55 \\jciprod01\productn\n\nys\70-1\FRONT701.txt unknown Seq: 1 3-MAR-15 17:32 NEW YORK UNIVERSITY ANNUAL SURVEY OF AMERICAN LAW VOLUME 70 ISSUE 1 36095-nys_70-1 Sheet No. 1 Side A 03/04/2015 07:12:55 NEW YORK UNIVERSITY SCHOOL OF LAW ARTHUR T. VANDERBILT HALL Washington Square New York City 36095-nys_70-1 Sheet No. 1 Side B 03/04/2015 07:12:55 \\jciprod01\productn\n\nys\70-1\FRONT701.txt unknown Seq: 2 3-MAR-15 17:32 New York University Annual Survey of American Law is in its seventy-second year of publication. L.C. Cat. Card No.: 46-30523 ISSN 0066-4413 All Rights Reserved New York University Annual Survey of American Law is published quarterly at 110 West 3rd Street, New York, New York 10012. -
October 29, 2019 OPPOSE the CONFIRMATION of LAWRENCE
Officers October 29, 2019 Chair Judith L. Lichtman National Partnership for Women & Families Vice Chairs Thomas A. Saenz Mexican American Legal Defense and Educational Fund Hilary Shelton OPPOSE THE CONFIRMATION OF LAWRENCE VANDYKE TO THE NAACP Secretary/Treasurer U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT Lee A. Saunders American Federation of State, County & Municipal Employees Board of Directors Dear Senator: Kevin Allis National Congress of American Indians Kimberly Churches AAUW On behalf of The Leadership Conference on Civil and Human Rights, a coalition of more Kristen Clarke Lawyers' Committee for than 200 national organizations committed to promoting and protecting the civil and human Civil Rights Under Law Alphonso B. David rights of all persons in the United States, I write in strong opposition to the confirmation of Human Rights Campaign Lily Eskelsen García Lawrence VanDyke to the U.S. Court of Appeals for the Ninth Circuit. National Education Association Fatima Goss Graves National Women's Law Center Mary Kay Henry Mr. VanDyke has labored throughout his career to undercut civil and human rights, Service Employees International Union Sherrilyn Ifill including LGBTQ equality, reproductive freedom, environmental protection, and gun safety, NAACP Legal Defense and Educational Fund, Inc. among other critical issues. He has used his government positions – currently as a Trump David H. Inoue Japanese American Citizens League administration official and previously as the solicitor general in Montana and Nevada – to Gary Jones International Union, UAW push an activist, far-right agenda. He lacks the support of his home-state senators, which Derrick Johnson NAACP traditionally would have stopped his nomination in its tracks.