Do you support the Missouri Plan?

This week’s post highlights the three general ways of selecting justices and judges at the state level, and highlighted various issues with each method. The readings on this topic tend to outline one central theme that caught my attention: as judicial selection becomes more akin to the process of selecting legislators, as in a partisan election,... Continue Reading →

The Dangers of an Inexperienced Judge

For many of my blog posts, I have embraced the concept that legal realism is more appropriate of a method for judges to use in the courtroom. To me, the formalist view seems a bit unattainable: the concept that a judge may craft a decision without any deference to his or her own personal and... Continue Reading →

Realism or Formalism?

While reading Judge Posner’s Reflections on Judging, I found very interesting his discussion on the differences between the concepts of legal realism and legal formalism. Judge Posner describes legal formalism using the slogan “the law made me do it,” describing the judiciary as interpreters, using a complex style of legal analysis to resolve cases without... Continue Reading →

Should Judges Write Unpublished Opinions?

This week's blog post discusses both the positives and negatives of precedential value supporting unpublished opinions, the value of a dissenting opinion, and when courts decide not to issue an opinion at all. My belief is that while they may not have precedential value, unpublished and dissenting opinions serve a functional purpose in our court system... Continue Reading →

Is Textualism Conservative?

While reading Judge Posner’s Reflections on Judging, I found very interesting his critique on the concept of textualism as well as his thought-provoking critique of Scalia’s reasoning behind some of his holdings. I agree with Judge Posner that while text itself can neither be liberal or conservative, “textualism” is indeed a conservative construct, which works... Continue Reading →

Searching for a rental property?

Searching for a new place can be fun. It can also be frustrating.  But with the vast availability of resources on the Internet, it shouldn’t be too difficult for those who have a basic understanding of how to navigate the worldwide web.  For those who either don’t know how to use the Internet or don’t... Continue Reading →

Judicial Activism vs. Judicial Restraint

This week’s blog post outlines the issue of judicial independence, as well as the never-ending ideological battle of judicial activism vs. judicial restraint. The political parties in our country know that the judiciary, while not completely independent, is the last restraint for the ideological issues they have promised their constituents will become law. In the... Continue Reading →

Waukesha Bankruptcy Lawyers: McAvoy & Murphy

Disclaimer: This post may be considered attorney advertising. At McAvoy & Murphy, we take a compassionate approach to bankruptcy cases.  During your initial consultation, our attorneys will determine the best strategy for dealing with your creditors, with bankruptcy as a last resort.  At this consultation, we will discuss various alternatives to bankruptcy, such as Wisconsin... Continue Reading →

Judicial Overstating: Part 2

In the first post about my reflection regarding the article Judicial Overstating, written by Dan Simon and Nicholas Scurich, I touched base on the psychological reasoning judges potentially go through in crafting judicial opinions. Without being long-winded on the subject, I wanted to acknowledge the other part of the article that caught my attention: a... Continue Reading →

Article Review: Judicial Overstating

While reading the article Judicial Overstating, written by Dan Simon and Nicholas Scurich, I enjoyed the psychological analysis of judges regarding judicial overstatement. In general, judicial overstatement is when judges “convey remarkably high levels of certainty in their decisions. Opinions persistently portray the chosen decision as singularly correct and as determined inevitably by the legal... Continue Reading →

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