The Emerging Authority of Magistrate Judges within U.S. District Courts

2021 ◽  
Author(s):  
Christina L. Boyd ◽  
Tracey E. George ◽  
Albert H. Yoon
Keyword(s):  
2000 ◽  
Author(s):  
John M.P. de Figueiredo ◽  
Gerald S. Gryski ◽  
Emerson H. Tiller ◽  
Gary Zuk

Author(s):  
Przemysław Banasik ◽  
Katarzyna Metelska-Szaniawska ◽  
Małgorzata Godlewska ◽  
Sylwia Morawska

AbstractThe goal of this paper is to identify factors which affect judges’ productivity and career choice motives with the view of increasing judicial efficiency. Specifically, the investigation focuses on such aspects as judges’ remuneration, promotion, threat of judgment revocation, service/mission, periodic assessment, the threat of a complaint about protracted proceedings or of disciplinary proceedings, the threat of destabilization of the employment relationship, status/prestige of the profession, power/authority, social recognition, leisure, as well as administrative supervision and self-monitoring. To this end, a survey was conducted among judges of three of the largest Polish regional courts and subordinate district courts. The descriptive and statistical analyses show that judges’ care for the number of cases resolved, proxying for their productivity, is significantly correlated with self-monitoring of their adjudication activity. The stability of employment, the status/prestige of the profession and a relatively high remuneration are the most important factors in terms of judges’ career choices. In their care for the number of cases resolved remuneration is, albeit, no longer a relevant factor. Judges monitor their productivity due to reasons other than remuneration, possibly the sense of service/mission and the threat of various adverse consequences, the evidence for which is, however, also rather weak.


2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Zhenxing Ke

Abstract This paper investigates empirically whether firm ownership structures contribute to varying levels of legal compliance, which ultimately influence the likelihood of winning a lawsuit. I hypothesize that private companies are more likely to lose employment lawsuits because the rule of law within the company is rarely established. Using collected 2756 employment judgments decided by district courts in Beijing between 2014 and 2018, I test this hypothesis against three other types of ownership structures in China: state-owned enterprises, wholly foreign-funded companies, and partly foreign-funded companies. The statistical result confirms that private companies are more likely to lose cases, thus supporting the proposed hypothesis. In addition, the company’s scale and the company’s life span also have a significant influence on the employment lawsuit result.


1997 ◽  
Vol 77 (4) ◽  
pp. 405-455 ◽  
Author(s):  
KATHERINE BENNETT ◽  
ROLANDO V. DEL CARMEN

On April 26, 1996, Congress enacted landmark legislation aimed at curtailing meritless inmate litigation and restricting remedies for prison condition lawsuits. This legislation, the Prison Litigation Reform Act (PLRA), is briefly summarized in this article. Five areas of constitutional challenges to the PLRA at the appellate and district court level are reviewed. Eleven legal issues raised by the PLRA are inconsistent decisions among circuit and district courts, particularly in the areas of separation of powers and due process violations.


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