Arthur D. Hellman

University of Pittsburgh - School of Law (Emeritus)

Sally Ann Semenko Endowed Chair and Professor of Law

3900 Forbes Ave.

Pittsburgh, PA 15260

United States

  • University of Pittsburgh - School of Law (Emeritus)

SCHOLARLY PAPERS

37

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Scholarly Papers (37)

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1.

Judicial Activism: The Good, the Bad, and the Ugly

Mississippi College Law Review, Vol. 21, p. 253, 2002, U. of Pittsburgh Legal Studies Research Paper
Number of pages: 13 Posted: 19 Jun 2011 Last Revised: 23 Jun 2011
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 560 (59,049)

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judicial activism, judicial restraint, judicial review, federal courts, state courts, federal judicial self-restraint, legislative process, political process, separation of powers, executive power, judicial philosophy, legal reasoning, judiciary

2.

The Regulation of Judicial Ethics in the Federal System: A Peek Behind Closed Doors

University of Pittsburgh Law Review, Vol. 69, p. 189, 2007, U. of Pittsburgh Legal Studies Research Paper No. 2007-09
Number of pages: 56 Posted: 21 Sep 2007 Last Revised: 24 Jul 2008
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 398 (89,212)

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federal courts, judicial ethics, judicial discipline, conflict of interest

3.

When Judges Are Accused: An Initial Look at the New Federal Judicial Misconduct Rules

Notre Dame Journal of Law, Ethics and Public Policy, Vol. 22, p. 325, 2008, U. of Pittsburgh Legal Studies Research Paper No. 2008-09
Number of pages: 42 Posted: 06 Apr 2008 Last Revised: 26 Oct 2009
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 324 (112,633)
Citation 1

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federal courts, judicial ethics, judicial discipline, legislation

4.

Assessing Judgeship Needs in the Federal Courts of Appeals: Policy Choices and Process Concerns

Journal of Appellate Practice and Process, Vol. 5, No. 2, Fall 2003
Number of pages: 32 Posted: 19 Jan 2004
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 164 (217,110)

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Judgeships, federal courts of appeals, caseload, appeals

5.

The View from the Trenches: A Report on the Breakout Sessions at the 2005 National Conference on Appellate Justice

Journal of Appellate Practice & Process, Vol. 8, No. 1, p. 141, 2006
Number of pages: 65 Posted: 19 Jan 2007
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 142 (244,595)

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appeals, uniformity, precedent, oral argument, caseload

6.

Justice O'Connor and 'The Threat to Judicial Independence': The Cowgirl Who Cried Wolf?

Arizona State Law Journal, Vol. 39, p. 845, 2007, U. of Pittsburgh Legal Studies Research Paper Series
Number of pages: 29 Posted: 19 Feb 2009 Last Revised: 22 Feb 2009
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 126 (268,198)

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judicial independence, Sandra Day O'Connor, Justice O'Connor, federal courts, judicial nominations, judicial confirmations, judicial tyranny

7.

Judges Judging Judges: The Federal Judicial Misconduct Statutes and the Breyer Committee Report

Justice System Journal, Vol. 28, p. 426, 2007, U. of Pittsburgh Legal Studies Research Paper
Number of pages: 10 Posted: 21 Jun 2011 Last Revised: 23 Jun 2011
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 117 (283,238)

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Federal judicial Misconduct Statutes, Breyer Committee Report, Judicial Misconduct, Judicial Procedure, Federal Judges, Judicial Ethics, Self-Regulation, National Commission on Judicial Discipline and Removal, Rulemaking, United States Code Chapter 16

8.

Another Voice for the 'Dialogue': Federal Courts as a Litigation Course

St. Louis University Law Journal, Vol. 53, No. 3, 2009, U. of Pittsburgh Legal Studies Research Paper No. 2009-07
Number of pages: 19 Posted: 25 Mar 2009 Last Revised: 12 Dec 2012
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 100 (315,585)

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federal couts, state courts, jurisdiction, pedagogy, problem method

9.

The Federal Judicial Conduct and Disability System: Unfinished Business for Congress and for the Judiciary

Hearing Before the House Committee on the Judiciary -- Subcommittee on Courts, Intellectual Property, and the Internet, April 25, 2013, U. of Pittsburgh Legal Studies Research Paper No. 2014-19
Number of pages: 51 Posted: 23 May 2014
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 94 (328,378)

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Federal Judicial Misconduct Statutes, Breyer Committee Report, Judicial Conduct, Judicial Misconduct, Federal Judges, Judicial Ethics, National Commission on Judicial Discipline and Removal, Rulemaking, United States Code Chapter 16, Reform, Judicial System

10.

Getting It Right: Panel Error and the En Banc Process in the Ninth Circuit Court of Appeals

UC Davis Law Review, Vol. 34, p. 425, 2000, U. of Pittsburgh Legal Studies Research Paper
Number of pages: 45 Posted: 21 Jun 2011
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 88 (342,272)

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federal court of appeals, ninth circuit court of appeals, structural alternatives, panel errors, erroneous panel decisions, en banc process, adjudicative units, restructuring, correctness, limitations

11.

The Supreme Court’s Two Constitutions: A First Look at the 'Reverse Polarity' Cases

University of Pittsburgh Law Review, Vol. 82, p. 273, 2020, U. of Pittsburgh Legal Studies Research Paper 2020-31
Number of pages: 81 Posted: 06 Oct 2020 Last Revised: 06 Apr 2021
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 77 (370,469)

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Reverse polarity, judicial ideology, Supreme Court, civil liberties, First Amendment, liberalism, conservatism, freedom of speech, Roberts Court, Bill of Rights

12.

Neutralizing the Stratagem of 'Snap Removal': A Proposed Amendment to the Judicial Code

Federal Courts Law Review, Vol. 9, Issue 3, p. 103, Summer 2016, U. of Pittsburgh Legal Studies Research Paper No. 2016-23, Duke Law School Public Law & Legal Theory Series No. 2016-47, Loyola Law School, Los Angeles Legal Studies Research Paper No. 2016-19, U of Houston Law Center No. 2016-A-18
Number of pages: 9 Posted: 12 Aug 2016 Last Revised: 20 Oct 2016
Arthur D. Hellman, Lonny Hoffman, Thomas D. Rowe Jr., Joan E. Steinman and Georgene M. Vairo
University of Pittsburgh - School of Law (Emeritus), University of Houston Law Center, Duke University School of Law, Chicago-Kent College of Law - Illinois Institute of Technology and Loyola Law School Los Angeles
Downloads 70 (390,591)
Citation 1

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civil procedure, Removal Jurisdiction Clarification Act, forum-defendant rule, purposive approach, Snap removal, judicial code, legislative reform, diversity cases, plain language, congressional intent, statutory interpretation, jurisdiction, federal district courts, forum selection, forum shopping

13.

The 'Fraudulent Joinder Prevention Act of 2016': A New Standard and a New Rationale for an Old Doctrine

The Federalist Society Review, Vol. 17, p. 34 (2016), U. of Pittsburgh Legal Studies Research Paper No. 2016-19
Number of pages: 14 Posted: 26 Jul 2016 Last Revised: 24 Jan 2017
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 68 (396,685)
Citation 1

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Fraudulent joinder, Removal jurisdiction, Diversity jurisdiction, Federal jurisdiction, Litigation strategy, Legislation, Judicial Code, Complete diversity rule

14.

Impeaching a Federal Judge: Some Lessons from History

Hearing Before the House Committee on the Judiciary - Task Force on Judicial Impeachment, June 2009, U. of Pittsburgh Legal Studies Research Paper No. 2014-37
Number of pages: 59 Posted: 27 Sep 2014 Last Revised: 08 Oct 2014
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 67 (399,855)

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Impeachment, Judicial Impeachment, High Crimes and Misdemeanors, Judicial Misconduct, Judicial Conduct, Judicial Discipline, Judicial Ethics, Federal Judicial Misconduct Statute, Removal of Judges, Constitution Article III

15.

Proposed Amendments to the Federal Judicial Misconduct Rules: Comments and Suggestions

Hearing Before the Judicial Conference of the United States -- Committee on Judicial Conduct and Disability, October 30, 2014, U. of Pittsburgh Legal Studies Research Paper No. 2015-10
Number of pages: 42 Posted: 07 Apr 2015
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 60 (422,876)

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Federal Judicial Misconduct Statutes, Breyer Committee Report, Judicial Conduct, Judicial Misconduct, Federal Judges, Judicial Ethics, National Commission on Judicial Discipline and Removal, Rulemaking, United States Code Chapter 16, Reform, Judicial System, Federal Courts, Judicial Discipline

16.

A First Look at the Proposed 'Fraudulent Joinder Prevention Act of 2015'

Hearing Before the House Committee on the Judiciary - Subcommittee on the Constitution and Civil Justice, September 29, 2015, U. of Pittsburgh Legal Studies Research Paper No. 2015-35
Number of pages: 17 Posted: 07 Oct 2015 Last Revised: 09 Sep 2016
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 57 (433,475)

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Fraudulent joinder, Removal jurisdiction, Diversity jurisdiction, Federal jurisdiction, Litigation strategy, Legislation, Judicial Code, Complete diversity rule

17.

The Shrunken Docket of the Rehnquist Court

Supreme Court Review, pp. 403-438, 1996, U. of Pittsburgh Legal Studies Research Paper Series
Number of pages: 36 Posted: 01 Feb 2012
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 53 (448,089)

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Supreme Court, Olympian Court, federal courts, Rehnquist Court, certiorari, plenary docket, plenary decisions, appellate jurisdiction, courts of appeals

18.

Deciding Who Decides: Understanding the Realities of Judicial Reform

Law and Social Inquiry, Vol. 15, p. 343, 1990, U. of Pittsburgh Legal Studies Research Paper
Number of pages: 19 Posted: 25 Oct 2011
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 45 (480,109)

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judicial reform, judicial restructuring, circuit realignment, circuit division, Hruska Commission, appellate courts, Eleventh Circuit Court of Appeals, Federal Circuit, patent appeals, Ninth Circuit Court of Appeals

19.

Statement on 'Bringing Justice Closer to the People: Examining Ideas for Restructuring the Ninth Circuit'

Hearing Before the House Committee on the Judiciary -- Subcommittee on Courts, Intellectual Property, and the Internet, March 16, 2017, U. of Pittsburgh Legal Studies Research Paper No. 2017-03
Number of pages: 23 Posted: 28 Mar 2017
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 43 (488,811)

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federal courts of appeals, ninth circuit court of appeals, restructuring, judicial code revision, Congressional control of federal courts, case management

20.

By Precedent Unbound: The Nature and Extent of Unresolved Intercircuit Conflicts

University of Pittsburgh Law Review, Vol. 56, pp. 693-800, 1995, U. of Pittsburgh Legal Studies Research Paper
Number of pages: 108 Posted: 28 Sep 2014
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 40 (502,130)

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Intercircuit conflicts, precedent, uniformity of decisions, stare decisis, Federal courts, U.S. Supreme Court, Empirical research, Federal Courts Study Committee, Federal Judicial Center, Arthur D. Hellman, Judicial Improvements Act of 1990, Appellate capacity, federal judicial circuits

21.

An Unfinished Dialogue: Congress, the Judiciary, and the Rules for Federal Judicial Misconduct Proceedings

Georgetown Journal of Legal Ethics, Vol. 32, p. 341, 2019, U. of Pittsburgh Legal Studies Research Paper No. 2019-16
Number of pages: 70 Posted: 10 Sep 2019
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 37 (516,124)

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Federal Judicial Misconduct Statutes, Breyer Committee Report, Judicial Conduct, Judicial Misconduct, Federal Judges, Judicial Ethics, National Commission on Judicial Discipline and Removal, Rulemaking, Reform, Judicial System, Federal Courts, Judicial Discipline

22.

'The Law of the Circuit' Revisited: What Role for Majority Rule?

Southern Illinois University Law Journal, Vol. 32, p. 625, 2008, U. of Pittsburgh Legal Studies Research Paper No. 2017-07
Number of pages: 18 Posted: 20 Apr 2017 Last Revised: 26 Apr 2017
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 28 (563,816)

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En Banc, Courts of Appeals, Appellate Practice, Precedent, Appellate Courts, Judges

23.

Snapback, Version 2.0: The Best Solution to the Problem of Snap Removal

Supplementary Statement to the Hearing Before the House Committee on the Judiciary -- Subcommittee on Courts, Intellectual Property, and the Internet, November 14, 2019, U. of Pittsburgh Legal Studies Research Paper No. 2020-01
Number of pages: 30 Posted: 03 Jan 2020 Last Revised: 19 Feb 2020
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 26 (576,120)

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civil procedure, forum defendant rule, removal of cases, Removal Jurisdiction Clarification Act, Snap removal, snapback, judicial code, legislative reform, diversity cases, jurisdiction, federal district courts, forum selection, forum shopping, fraudulent joinder

24.

Sex, Drugs, and Democracy: Who's Afraid of Free Speech?

Brandeis Law Journal, Vol. 41, p. 417, 2003, University of Pittsburgh Legal Studies Research Paper
Number of pages: 29 Posted: 13 Jun 2011
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 22 (602,018)

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First Amendment, free speech, Child Online Protection Act, COPA, Ashcroft v. American Civil Liberties Union, Justice Clarence Thomas, Justice John Paul Stevens, community standards, Constitutional Law

25.

A Celebration Honoring Judge James R. Browning - Remarks

Montana Law Review, Vol. 63, p. 251, 2002, U. of Pittsburgh Legal Studies Research Paper Series
Number of pages: 5 Posted: 14 Oct 2011
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 18 (629,174)

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circuit restructuring, limited en banc court, circuit division

26.

Chief Judge Procter Hug Jr. and the Split that Didn't Happen

Nevada Law Review, Vol. 3, No. 13, 2002, U. of Pittsburgh Legal Studies Research Paper Series
Number of pages: 8 Posted: 14 Oct 2011
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 16 (643,102)

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Chief Judge Proctor Hug, Jr., chief judge, Ninth Circuit Court of Appeals, circuit split, circuit division, Ninth Circuit Court of Appeals Evaluation Committee

27.

Conflict of Interest and Disqualification in the Federal Courts: Suggestions for Reform

Hearing before the House Committee on the Judiciary, Subcommittee on Courts and Competition Policy, December 10, 2009, U. of Pittsburgh Legal Studies Research Paper No. 2019-10
Number of pages: 33 Posted: 02 May 2019 Last Revised: 21 May 2019
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 13 (664,970)

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federal judges, judicial ethics, judicial reform, judicial system, federal courts, judicial disqualification, recusal, conflict of interest, peremptory challenge, financial interest

28.

Comments on Proposed Amendments to the Rules for Judicial-Conduct and Judicial-Disability Proceedings

Hearing before the Judicial Conference of the United States, Committee on Judicial Conduct and Disability and Committee on Codes of Conduct, October 30, 2018 , U. of Pittsburgh Legal Studies Research Paper No. 2018-34
Number of pages: 55 Posted: 26 Nov 2018
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 13 (664,970)

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Federal Judicial Misconduct Statutes, Breyer Committee Report, Judicial Conduct, Judicial Misconduct, Whistleblowing, Federal Judges, Judicial Ethics, National Commission on Judicial Discipline and Removal, Rulemaking, Reform, Judicial System, Federal Courts, Judicial Discipline

29.

Maintaining Consistency in the Law of the Large Circuit: The Origins and Operation of the Ninth Circuit's Limited En Banc Court

Chapter 3 in Restructuring Justice: The Innovations of the Ninth Circuit and the Future of the Federal Courts, Arthur D. Hellman, ed. (Cornell University Press 1990) (with a newly revised abstract) , U. of Pittsburgh Legal Studies Research Paper No. 2021-10
Number of pages: 39 Posted: 17 Mar 2021 Last Revised: 28 Apr 2021
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 12 (672,475)

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limited en banc court, Ninth Circuit, en banc, intracircuit conflict, appellate adjudication, courts of appeals, appellate courts

30.

Snapback! A Narrowly Tailored Legislative Solution to the Problem of Snap Removal

Hearing Before the House Committee on the Judiciary -- Subcommittee on Courts, Intellectual Property, and the Internet, November 14, 2019, U. of Pittsburgh Legal Studies Research Paper No. 2019-23
Number of pages: 28 Posted: 20 Nov 2019
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 12 (672,475)

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civil procedure, forum defendant rule, removal of cases, Removal Jurisdiction Clarification Act, Snap removal, snapback, judicial code, legislative reform, diversity cases, jurisdiction, federal district courts, forum selection, forum shopping

31.

Precedent, Predictability, and Federal Appellate Structure

University of Pittsburgh Law Review, Vol. 60, p. 1029, 1999, U. of Pittsburgh Legal Studies Research Paper No. 2017-09
Number of pages: 85 Posted: 27 Apr 2017
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 12 (672,475)

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en banc, courts of appeals, appellate practice, appellate courts, judges, precedent, predictability, national law, Supreme Court docket, intercircuit conflicts, intracircuit conflicts, federal appellate structure, dissent, multiple-precedent issues

32.

The Unkindest Cut: The White Commission Proposal to Restructure the Ninth Circuit

Southern California Law Review, Vol. 73, pp. 377-402, 2000, U. of Pittsburgh Legal Studies Research Paper No. 2017-08
Number of pages: 28 Posted: 26 Apr 2017
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 12 (672,475)

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White Commission, Justice White, Adjudicative Units, Intracircuit Conflicts, En Banc, Courts of Appeals, Appellate Practice, Precedent, Appellate Courts, Judges

33.

Jumboism and Jurisprudence: The Theory and Practice of Precedent in the Large Appellate Court

University of Chicago Law Review, Vol. 56, p. 541, 1989, U. of Pittsburgh Legal Studies Research Paper No. 2017-10
Number of pages: 65 Posted: 28 Apr 2017
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 9 (694,953)

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Ninth Circuit, en banc, courts of appeals, appellate practice, appellate courts, judges, precedent, predictability, intracircuit conflicts, federal appellate structure, dissent, multiple-precedent issues

34.

Legal Problems of Dividing a State Between Federal Judicial Circuits

University of Pennsylvania Law Review, Vol. 122, p. 1188, 1974 (with a newly revised abstract) , U. of Pittsburgh Legal Studies Research Paper No. 2021-05
Number of pages: 97 Posted: 23 Mar 2021 Last Revised: 28 Apr 2021
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 8 (702,443)

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Ninth Circuit, circuit split, circuit division, courts of appeals, federal appellate structure, Hruska Commission, White Commission, circuit realignment

35.

Ensuring an Exemplary Judiciary Workplace: An Alternative to a Mandatory Reporting Requirement for Judges

Hearing before the Judicial Conference of the United States Committee on Judicial Conduct and Disability and Committee on Codes of Conduct, October 30, 2018 , U. of Pittsburgh Legal Studies Research Paper No. 2018-37
Number of pages: 23 Posted: 11 Dec 2018
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 8 (702,443)

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Federal Judicial Misconduct Statutes, Breyer Committee Report, Judicial Conduct, Judicial Misconduct, Whistleblowing, Federal Judges, Judicial Ethics, Rulemaking, Federal Courts, Judicial Discipline, Judiciary Workplace, Code of Conduct for United States Judges

36.

Light on a Darkling Plain: Intercircuit Conflicts in the Perspective of Time and Experience

The Supreme Court Review, Vol. 1998, p. 247, 1998, U. of Pittsburgh Legal Studies Research Paper No. 2021-01
Number of pages: 59 Posted: 26 Jan 2021 Last Revised: 17 Feb 2021
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 5 (725,598)

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Supreme Court, intercircuit conflicts, precedent, federal courts of appeals, split circuits

37.

The Business of the Supreme Court Under the Judiciary Act of 1925: The Plenary Docket in the 1970's

Harvard Law Review, Vol. 91, No. 8, p. 1711, 1978, U. of Pittsburgh Legal Studies Research Paper
Number of pages: 96 Posted: 25 Feb 2021
Arthur D. Hellman
University of Pittsburgh - School of Law (Emeritus)
Downloads 1 (764,215)

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Supreme Court, civil rights, plenary docket, Burger Court, Warren Court, intercircuit conflicts, federal appellate courts