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Confirmation of U.S. Circuit and District Court Nominations in Presidential Election Years

Description: This report seeks to help inform the debate regarding how many U.S. circuit and district court nominations should be confirmed by year's end, and how late in the year the Senate should continue to confirm them. It includes analysis of the number and timing of circuit court and district court nominations confirmed by the Senate in presidential election years from 1980 to 2008, as well as a comparison of the processing of judicial nominations during these years, using various quantitative measures. It also relates the findings to the Senate's processing of judicial nominations in 2012, as of June 30.
Date: July 12, 2012
Creator: Rutkus, Denis Steven & McMillion, Barry J.
Partner: UNT Libraries Government Documents Department

U.S. District Court Vacancies at the Beginning and End of the Obama Presidency: Overview and Comparative Analysis

Description: This report provides comparative historical data related to U.S. district court vacancies that existed at the beginning and end of the Obama presidency (as well as at the beginning and end of the presidencies of his two most recent predecessors, Presidents George W. Bush and Clinton).
Date: January 31, 2017
Creator: McMillion, Barry J.
Partner: UNT Libraries Government Documents Department

U.S. Circuit and District Court Nominations: Senate Rejections and Committee Votes Other Than to Report Favorably, 1939-2009

Description: This report lists the votes cast by the Judiciary Committee and the Senate on each of the 19 nominations and identifies senatorial courtesy, ideological disagreement, and concern over nominees' qualifications as among the circumstances that led to committee consideration of actions other than a favorable report.
Date: March 24, 2009
Creator: Rutkus, Denis S.
Partner: UNT Libraries Government Documents Department

U.S. Circuit and District Court Nominations: Senate Rejections and Committee Votes Other Than to Report Favorably, 1939-2013

Description: This report discusses the 19 U.S. circuit and district court nominations that led to committee consideration of actions other than a favorable report (or other than approval by the full Senate). For each nominee, it lists the votes cast by the Judiciary Committee and the full Senate and identifies circumstances that kept members from approving the nominations, such as senatorial courtesy, ideological disagreement, and concern over nominees' qualifications.
Date: May 29, 2014
Creator: McMillion, Barry J.
Partner: UNT Libraries Government Documents Department

U.S. Circuit and District Court Nominations During President Obama's First Five Years: Comparative Analysis With Recent Presidents

Description: This report concerns nominations made by President Obama and other recent Presidents to the U.S. circuit courts of appeals and the U.S. district courts. It discusses the selection and confirmation process for U.S. circuit and district court judges.
Date: January 24, 2014
Creator: McMillion, Barry J.
Partner: UNT Libraries Government Documents Department

President Obama's First-Term U.S. Circuit and District Court Nominations: An Analysis and Comparison with Presidents Since Reagan

Description: This report seeks to inform the current debate in three ways: first, by providing a statistical analysis of President Barack Obama's nominees, during his first term, to U.S. circuit court of appeals and U.S. district court judgeships, and of any actions taken on their nominations by the Senate Judiciary Committee and the full Senate; second, by using various statistical measures to compare the success of President Obama's judicial nominees, during his first term, in advancing through the Senate confirmation process with the success of the judicial nominees during the first terms of the four most recent preceding Presidents (Ronald Reagan, George H.W. Bush, Bill Clinton, and George W. Bush); and third, by identifying various factors which might help explain differences or variations found in judicial nomination statistics across the first terms of the five Presidents.
Date: May 2, 2013
Creator: McMillion, Barry J.
Partner: UNT Libraries Government Documents Department

U.S. Circuit and District Court Nominations During the Obama Presidency: Midyear Analysis and Comparison with Recent Presidents

Description: This report addresses these issues by providing a statistical analysis of nominations to U.S. circuit and district court judgeships from January 20 of President Obama's first year in office to June 30 of his sixth year, and by comparing statistics during this period of the Obama presidency to statistics from comparable periods of time during the presidencies of his two most recent predecessors.
Date: June 30, 2014
Creator: McMillion, Barry J.
Partner: UNT Libraries Government Documents Department

Who Interprets Foreign Law in U.S. Federal Courts?

Description: This report discusses the interpretation of foreign law, from routine breach of contract and tort claims to complex cases implicating the judicial branch's role in international affairs. In Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd., the Supreme Court announced the standard of deference for U.S. federal courts to apply when considering a foreign government's interpretation of its own law.
Date: July 9, 2018
Creator: Mulligan, Stephen P.
Partner: UNT Libraries Government Documents Department

Media Consolidation: United States v. AT&T and Implications for Future Transactions

Description: This report discusses the proposed merger of AT&T, Inc. (AT&T) with Time Warner Inc. (Time Warner), after one of the most closely watched antitrust trials in recent memory. This report first outlines current Section 7 doctrine and then discusses the particularities of the government's case against AT&T and Time Warner and the court's decision to allow the transaction to proceed. Finally, it analyzes the decision's implications for the media industry and future antitrust cases, and identify potential considerations for Congress.
Date: July 16, 2018
Creator: Ruane, Kathleen Ann
Partner: UNT Libraries Government Documents Department

Judicial Enforcers? Exploring Lower Federal Court Compliance in Regulating the Obscene

Description: Although federal circuit and district court judges are placed within a federal hierarchy, and receive legal and judicial training that emphasizes the importance of the judicial framework and its structure, such judges are also subjected to other pressures such as the types of litigants within the courtrooms as well as their local political environment. Furthermore, such judges are apt to form their own views about politics and legal policy and are often appointed by presidents who approve of their ideological leanings. Thus, federal courts are caught between competing goals such as their willingness to maximize their preferred legal policy, and their place within the judicial hierarchy. This dissertation applies hierarchy and impact theory to assess the importance of the judicial framework and its socialization, by analyzing both the judicial opinions and votes of federal circuit and district court judges in obscenity cases during a four-decade period (1957-1998). The research presented here finds the influence of higher court precedent to correspond in part with the conception of a judicial hierarchy. An analysis of citations of Supreme Court precedent (Roth v. United States (1957) and Miller v. California (1973)) in lower court majority opinions suggests low levels of compliance: lower courts at the circuit and district court level do not signal to the Supreme Court their acceptance of High Court doctrine; thus, except for 'factual' cases, most circuit and district court decisions do not comply formally with higher court precedent. An analysis of judicial votes, however, suggests that a Supreme Court doctrinal shift (to Miller v. California) influences lower court decisions only at the circuit court level. Further investigation suggests that Supreme Court precedent has a greater influence in circuit courts than in district courts: not only is the magnitude greater for circuit (versus district) court decisions, such results occur when controlling ...
Date: May 2004
Creator: Ryan, John Francis
Partner: UNT Libraries

The role of federal district courts on desegregation: A logistic regression analysis of the factors that influence prodesegregation outcomes.

Description: In this study I analyzed the 1089 desegregation outcomes in federal district courts that occurred between 1994 and 2004 in order to identify a) the legal and non-legal factors in the litigation process that predict pro-desegregation outcomes and b) the judicial patterns that impact the future of desegregation policy. Twenty-one legal and non-legal variables were analyzed via logistic regression analysis to identify factors that predict pro-desegregation outcomes. Only three predictor variables were statistically significant: Government Litigants; Region 3 (West) and Region 4 (Northeast.) Descriptive analyses of the data identified two trends in the pattern of litigation: The percentage of defendant wins increased after 1991 at a lesser rate than has been previously reported. I conclude that based on the results of both the quantitative and qualitative analyses the federal district courts are not a barrier to desegregation and can still be a part of a comprehensive desegregation strategy.
Date: December 2008
Creator: Lane, Ginny G.
Partner: UNT Libraries

Nomination and Confirmation of Lower Federal Court Judges in Presidential Election Years

Description: This report seeks to shed light on whether Senate processing of lower court nominations, particularly to the courts of appeals, has tended over recent decades to slow down in presidential election years. The report begins by reviewing recent debate, and historical events dating back to 1980, concerning whether the Senate and its Judiciary Committee customarily observe a practice referred to as the "Thurmond rule." Next, the report provides narratives on each presidential election year from 1980 to 2004, reviewing Senate and committee actions taken on court of appeals and district court nominations in each of the years. The report then compares these years quantitatively, examining the number and percent of nominations processed and the last dates of committee and Senate action taken.
Date: August 13, 2008
Creator: Rutkus, Denis Steven & Scott, Kevin M.
Partner: UNT Libraries Government Documents Department

Role of Home State Senators in the Selection of Lower Federal Court Judges

Description: This report examines the role that home state Senators, historically and in the contemporary era, have played in the selection of nominees to U.S. district court and circuit court of appeals judgeships. It also identifies issues that have arisen in recent years over the role of home state Senators in the selection process for federal judges.
Date: February 11, 2013
Creator: Rutkus, Denis Steven
Partner: UNT Libraries Government Documents Department

Judicial Opinions of Judge Brett M. Kavanaugh

Description: This report provides tabular listings of 306 cases in which Judge Kavanaugh authored a majority, concurring, or dissenting opinion. Arguably, these written opinions provide the greatest insight into Judge Kavanaugh's judicial approach, as a judge's vote or decision to join an opinion authored by a colleague may not necessarily represent full agreement with a colleague's views.
Date: July 23, 2018
Creator: Garcia, Michael John
Partner: UNT Libraries Government Documents Department

The Federal Reporter. Volume 20: Cases Argued and Determined in the Circuit and District Courts of the United States. March-July, 1884.

Description: The Federal Reporter contains the text of decisions and commentary regarding cases tried in circuit and district courts throughout the United States. The opinions printed in the volumes include both written statements and oral comments transcribed for publication. Index of cases starts on page vii.
Date: 1884
Creator: Desty, Robert.
Partner: UNT Libraries Government Documents Department

The Federal Reporter. Volume 21: Cases Argued and Determined in the Circuit and District Courts of the United States. August-November, 1884.

Description: The Federal Reporter contains the text of decisions and commentary regarding cases tried in circuit and district courts throughout the United States. The opinions printed in the volumes include both written statements and oral comments transcribed for publication. Index of cases starts on page vii.
Date: 1884
Creator: Desty, Robert.
Partner: UNT Libraries Government Documents Department

The Federal Reporter. Volume 18: Cases Argued and Determined in the Circuit and District Courts of the United States. November, 1883-February, 1884.

Description: The Federal Reporter contains the text of decisions and commentary regarding cases tried in circuit and district courts throughout the United States. The opinions printed in the volumes include both written statements and oral comments transcribed for publication. Index of cases starts on page xi.
Date: 1884
Creator: Desty, Robert.
Partner: UNT Libraries Government Documents Department

The Federal Reporter. Volume 19: Cases Argued and Determined in the Circuit and District Courts of the United States. February-May, 1884.

Description: The Federal Reporter contains the text of decisions and commentary regarding cases tried in circuit and district courts throughout the United States. The opinions printed in the volumes include both written statements and oral comments transcribed for publication. Index of cases starts on page xi.
Date: 1884
Creator: Desty, Robert.
Partner: UNT Libraries Government Documents Department

The Federal Reporter. Volume 16: Cases Argued and Determined in the Circuit and District Courts of the United States. June-July, 1883.

Description: The Federal Reporter contains the text of decisions and commentary regarding cases tried in circuit and district courts throughout the United States. The opinions printed in the volumes include both written statements and oral comments transcribed for publication. Index of cases starts on page ix.
Date: 1883
Creator: Desty, Robert.
Partner: UNT Libraries Government Documents Department

The Federal Reporter. Volume 17: Cases Argued and Determined in the Circuit and District Courts of the United States. August-October, 1883.

Description: The Federal Reporter contains the text of decisions and commentary regarding cases tried in circuit and district courts throughout the United States. The opinions printed in the volumes include both written statements and oral comments transcribed for publication. Index of cases starts on page xi.
Date: 1883
Creator: Desty, Robert.
Partner: UNT Libraries Government Documents Department

The Federal Reporter. Volume 14: Cases Argued and Determined in the Circuit and District Courts of the United States. November, 1882-March, 1883.

Description: The Federal Reporter contains the text of decisions and commentary regarding cases tried in circuit and district courts throughout the United States. The opinions printed in the volumes include both written statements and oral comments transcribed for publication. Index of cases starts on page ix.
Date: 1883
Creator: Desty, Robert.
Partner: UNT Libraries Government Documents Department