51,151 research outputs found

    Judicial Specialization and the Adjudication of Immigration Cases

    Get PDF
    When scholars and policymakers consider proposals for specialized courts, they are usually and appropriately mindful of the potential effects of specialization on the adjudication of cases. Focusing on the immigration field, this Article considers these potential effects in relation to other attributes of adjudication: the difficulty of cases, the severe caseload pressures, and the strong hierarchical controls that are each important attributes at some or all levels of the adjudication system. Specifically, this Article discusses the effects of those attributes, the effects of judicial specialization, and the intertwining of the two. It applies that analysis to proposals to substitute some type of specialized court for the federal courts of appeals in the adjudication of immigration cases. The Article concludes that the impact of adopting such a proposal could be substantial but that it is also quite uncertain. To a considerable degree, the impact depends on the form of specialization adopted and on other provisions of the legislation that creates a specialized court

    Belgium's new specialized judiciary

    Get PDF
    This brief national report was written for the First Siberian Legal Forum on the ‘Specialization of Judges and Courts: Comparative and Russian Context.’ It gives an overview of the Belgian judicial structure. After a short analysis of the judicial organization before 2014, that presents an outline of the Belgian first instance and appellate courts, particular attention is paid to the comprehensive judicial reforms of 2014. The enlargement of the judicial districts and the introduction of (internal and external) judicial mobility will lead to more specialized courts and judges. The creation of a Family and Juvenile Court and the re-allocation of some civil and commercial competences, between the Justice of the Peace and the Commercial Court, will have the same effect. Nevertheless, this report concludes that the 2014 reform is a missed opportunity to create a large ‘unified’ district court in which all first instance courts are merged.</span

    Rhode Island Report on the Judiciary 1980-1982

    Get PDF
    This ninth report on the judiciary has been produced by the Administrative Office of State Courts. During the period covered in the report the courts have made progress in several areas. Among these, major improvements to court facilities, the achievement of speedy trial goals, and the work of several study committees stand out as examples of what has been achieved

    Rhode Island Report on the Judiciary 1979

    Get PDF
    This report describes progress and programs in all the state courts. Its articles briefly mention some of the efforts and achievements of our judges and court employees to better serve the people of Rhode Island and the interests of Justice

    Orienting Lawyers at China\u27s International Tribunals Before 1949

    Get PDF

    The Eleventh Annual Albert A. DeStefano Lecture On Corporate, Securities & Financial Law At The Fordham Corporate Law Center: Are Federal Judges Competent? Dilettantes In An Age Of Economic Expertise

    Get PDF
    The title of my little talk here tonight is “Are Federal Judges Competent?” This naturally raises the question of whether I am competent to answer that question. I put this question to myself, and, after careful consideration of both sides of the argument, concluded that I am competent to determine whether I am competent. As H. L. Mencken once said, “A judge is a law student who grades his own exams.

    How Well Do Measures of Judicial Ability Translate Into Performance?

    Get PDF
    Diverse measures are used as proxies for judicial ability, ranging from the college and law school a judge attended to the rate at which her decisions are cited by other judges. Yet there has been little serious examination of which of these ability measures is better or worse at predicting the quality of judicial performance—including the management and disposition of cases. In this article, we attempt to evaluate these measures of ability by examining a rich group of performance indicators. Our innovation is to derive performance measures from judicial decisions other than case outcomes (which are inherently difficult to evaluate): the decisions to preside over a securities class action, to reject a motion for lead plaintiff, to dismiss the complaint with prejudice, and to reject a request for fees. In each case, an affirmative decision requires more work from the judge, and thus may be an indicator that the judge works hard and, all else equal, performs well. Using a database of securities class action cases, we find that judges who publish frequently and are highly cited are more likely to dismiss with prejudice but no more likely to make the hard choice in the other cases. Other proxies for judicial ability (attended top law school, judicial experience, earlier position as judge, prior private practice, heavy business caseload, and senior status) are more mixed
    corecore