Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 63

Full-Text Articles in Entire DC Network

The Play’S The Thing: A Response To Judge Benjamin Beaton, Aaron J. Walayat Mar 2024

The Play’S The Thing: A Response To Judge Benjamin Beaton, Aaron J. Walayat

Pepperdine Law Review

In a recent speech, later published as an essay, the Hon. Benjamin Beaton of the United States District Court for the Western District of Kentucky shared his critical suggestions against the use of the honorific “Your Honor,” preferring instead the more neutral title “judge.” Judge Beaton’s reason for this preference stems from a fear that the current practice of judicial titles emphasizes status over function, which may inflate the individual judge’s ego while miscommunicating to the public that judges make, rather than find, law. This position, however, is misguided. Judicial titles emphasize the authority of the law through the authority …


Designing Responsive Legal Systems: A Comparative Study, Nofit Amir, Michal Alberstein Jun 2022

Designing Responsive Legal Systems: A Comparative Study, Nofit Amir, Michal Alberstein

Pepperdine Dispute Resolution Law Journal

The drive for efficiency has caused many legal systems to redesign themselves, creating multiple paths for dispute resolution and incorporating settlement-promoting tools into the judicial role. However, as this study shows, legal systems have taken divergent approaches as they redesign themselves to accommodate settlement practices, leading to widely disparate results. This study probes the paths taken by three countries’ legal systems—England and Wales (common law), Israel (mixed), and Italy (continental law)—drawing on court docket analyses, courtroom observations, and interviews with judges in the three legal systems. It uncovers central points of divergence—emphasized stage of dispute resolution, separation vs. combination of …


Filling The Illinois Federal District Court Vacancies, Carl Tobias Jan 2020

Filling The Illinois Federal District Court Vacancies, Carl Tobias

Pepperdine Law Review

President Donald Trump repeatedly argues that appellate court appointments constitute his major success. The President and the United States Senate Republican Party majority have established records by approving fifty very conservative, young, and capable appellate court jurists. However, their confirmations have exacted a toll, particularly from the many federal district courts which address seventy-nine unfilled positions in 677 judicial posts. One constructive illustration has been the three Illinois tribunals which confront five pressing openings. The Administrative Office of the United States Courts classifies three as “emergencies,” because the vacant seats have been protracted and involve substantial caseloads. Despite this circumstance, …


Complex Litigation In The New Era Of The Ijury, Andrew J. Wilhelm May 2014

Complex Litigation In The New Era Of The Ijury, Andrew J. Wilhelm

Pepperdine Law Review

This Comment argues for a comprehensive approach to legitimizing the lay jury—an approach involving education, attorney adaptation, courtroom renovations, and judicial knowledge—and a better understanding of how legal professionals can fairly and most effectively transmit knowledge to the average American. The lay jury can remain a vital, unique part of the American judicial system if the bench and bar take seriously their responsibilities and adapt to today’s new reality. Part II examines the background of three basic components of a successful contemporary trial: technology, litigation, and the jury. Part III explores how these three components have evolved in the modern …


Mediation As The Key To The Successful Transfer Of The Case Of Jean-Bosco Uwinkindi From The Jurisdiction Of The Ictr To The Republic Of Rwanda, Taylor Friedlander Feb 2014

Mediation As The Key To The Successful Transfer Of The Case Of Jean-Bosco Uwinkindi From The Jurisdiction Of The Ictr To The Republic Of Rwanda, Taylor Friedlander

Pepperdine Dispute Resolution Law Journal

The article discusses on the history of the Rwanda Genocide of 1994 and the International Criminal Tribunal for Rwanda (ICTR) and different systems of justice that should be involved in prosecuting Jean Bosco Uwinkindi, the suspect of the mass killing at the Rwanda Genocide. It also mentions that three separate processes undertaken in Uwinkindi's gacaca court hearings, including truth-telling, truth-hearing, and truth-shaping.


Earl Warren, The Warren Court And Civil Liberties , Steven J. Simmons May 2013

Earl Warren, The Warren Court And Civil Liberties , Steven J. Simmons

Pepperdine Law Review

No abstract provided.


The Equal Rights Amendment And The Courts, Mary C. Dunlap May 2013

The Equal Rights Amendment And The Courts, Mary C. Dunlap

Pepperdine Law Review

No abstract provided.


A Study Of Juvenile Record Sealing Practices In California , Leonard Edwards, Inger J. Sagatun May 2013

A Study Of Juvenile Record Sealing Practices In California , Leonard Edwards, Inger J. Sagatun

Pepperdine Law Review

No abstract provided.


Juvenile Justice In Transition , Julian C. Dixon May 2013

Juvenile Justice In Transition , Julian C. Dixon

Pepperdine Law Review

No abstract provided.


To Impeach Or Not To Impeach: The Stability Of Juror Verdicts In Federal Courts, Paul Jeffrey Wallin May 2013

To Impeach Or Not To Impeach: The Stability Of Juror Verdicts In Federal Courts, Paul Jeffrey Wallin

Pepperdine Law Review

No abstract provided.


The Differential Detention/Jailing Of Juveniles: A Comparison Of Detention And Non-Detention Courts, John H. Kramer, Darrell J. Steffensmeier May 2013

The Differential Detention/Jailing Of Juveniles: A Comparison Of Detention And Non-Detention Courts, John H. Kramer, Darrell J. Steffensmeier

Pepperdine Law Review

No abstract provided.


Stay No Longer: California Juvenile Court Sentencing Practices, Sharon O. Lightholder May 2013

Stay No Longer: California Juvenile Court Sentencing Practices, Sharon O. Lightholder

Pepperdine Law Review

No abstract provided.


Here's Looking At You, Kid: Prosecutors In The Juvenile Court Process, David Keith Hicks May 2013

Here's Looking At You, Kid: Prosecutors In The Juvenile Court Process, David Keith Hicks

Pepperdine Law Review

No abstract provided.


Criminals Without Crime: The Dilemma Of The Status Offender, Lawrence N. Blum May 2013

Criminals Without Crime: The Dilemma Of The Status Offender, Lawrence N. Blum

Pepperdine Law Review

No abstract provided.


Introduction: The Role Of The Juvenile Court - Social Or Legal Institution?, Enrique H. Pena May 2013

Introduction: The Role Of The Juvenile Court - Social Or Legal Institution?, Enrique H. Pena

Pepperdine Law Review

No abstract provided.


Chief Justice Warren's Neglected Accomplishments In Federal Judicial Administration , James A. Gazell May 2013

Chief Justice Warren's Neglected Accomplishments In Federal Judicial Administration , James A. Gazell

Pepperdine Law Review

No abstract provided.


The Many Faces Of High-Volume Administrative Adjudication: Structure, Organization, And Management, Daniel L. Skoler Apr 2013

The Many Faces Of High-Volume Administrative Adjudication: Structure, Organization, And Management, Daniel L. Skoler

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Law: Working Together For Professionalization - Administrative Law Judges, The Judiciary, And The Community , Elizabeth B. Lacy Apr 2013

Administrative Law: Working Together For Professionalization - Administrative Law Judges, The Judiciary, And The Community , Elizabeth B. Lacy

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Security In Administrative Hearings, Lea Anne Burnett Apr 2013

Security In Administrative Hearings, Lea Anne Burnett

Journal of the National Association of Administrative Law Judiciary

This article explores security in administrative hearings throughout the United States, as well as issues that affect it. To that end, a survey was circulated among members of the National Association of Administrative Law Judges (NAALJ) and their colleagues in September 2005 to gauge the level of security devoted to administrative hearings nationwide, as well as the level of perceived or actual risk to safety. Additionally, this article offers suggestions and resources to agencies to address security concerns in hearings. Furthermore, it identifies and discusses pertinent case law and other materials helpful in formulating agency policy regarding the adoption of …


Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson Apr 2013

Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Take My Child, Please - A Plea For Radical Nonintervention, William M. Marticorena Feb 2013

Take My Child, Please - A Plea For Radical Nonintervention, William M. Marticorena

Pepperdine Law Review

No abstract provided.


The California Youth Authority: Planning For A Better Tomorrow, Pearl S. West Feb 2013

The California Youth Authority: Planning For A Better Tomorrow, Pearl S. West

Pepperdine Law Review

No abstract provided.


Statement Of William S. White, William S. White Feb 2013

Statement Of William S. White, William S. White

Pepperdine Law Review

No abstract provided.


Fare V. Michael C.: Juveniles And In Custodial Interrogations , Gregory S. Chudacoff Feb 2013

Fare V. Michael C.: Juveniles And In Custodial Interrogations , Gregory S. Chudacoff

Pepperdine Law Review

In the principal case, Fare v. Michael C., the United States Supreme Court rejects the position of the Supreme Court of California that a juvenile's request for the presence of his probation officer constitutes an invocation of the juvenile's right to remain silent within the meaning of the Miranda decision. The author examines the rationale applied by each court enroute to this split of opinion, and suggests a middle ground which would accommodate the concerns of both courts with respect to the protection of an accused juvenile at the custodial interrogation stage.


Status Offenders Should Be Removed From The Juvenile Court , Luke Quinn, Peter M. Hutchison Feb 2013

Status Offenders Should Be Removed From The Juvenile Court , Luke Quinn, Peter M. Hutchison

Pepperdine Law Review

Inadequate financial resources and overcrowded juvenile placement facilities have frequently been cited as grounds for the abrogation of the juvenile court's practice of retaining jurisdiction over status offenders. In this article, Judge Quinn suggests the existence of even more compelling reasons which support diversion of status offenders to programs better suited to their particular needs. The author contends that the juvenile court's jurisdiction should be confined to matters of fact-finding and adjudication, rather than intruding into areas within the domain of the parents, and into areas in which the court lacks the necessary expertise. It is argued that diversion of …


A Rationale For The Abolition Of The Juvenile Court's Power To Waive Jurisdiction , John Gasper, Daniel Katkin Feb 2013

A Rationale For The Abolition Of The Juvenile Court's Power To Waive Jurisdiction , John Gasper, Daniel Katkin

Pepperdine Law Review

The juvenile court's power to waive jurisdiction which entails the transfer of juvenile offenders to adult courts presents a topic of longstanding controversy. It's rationale, one of protection of the public, has been labeled by the authors as untenable. Moreover, it is asserted that waiver of jurisdiction in such cases contravenes the very cornerstone of the juvenile court process--the doctrine of parens patriae. Three methods of transfer are seen to exist--legislative, prosecutorial, and judicial. Focusing on the latter, the authors posit an argument advocating the abrogation of the concept of waiver. Justification for this proposition is seen to flow from …


Juvenile Discovery: A Developing Trend And A Word Of Caution, Diane Geraghty Feb 2013

Juvenile Discovery: A Developing Trend And A Word Of Caution, Diane Geraghty

Pepperdine Law Review

The use of discovery is acknowledged as essential to the efficient administration of justice and to the fairness of the adversary system in both civil and criminal proceedings. However, the juvenile court system has been slow to implement various means of discovery, largely as a result of the doctrine of parens patriae and the unique nature of the juvenile process. Although a discernible trend indicates acceptance of pretrial discovery, there has been considerable experimentation at decisional and statutory levels to develop procedurally protective discovery mechanisms. Professor Geraghty traces the use of discovery in juvenile proceedings and devotes particular attention to …


From Gault To Fare And Smith: The Decline In Supreme Court Reliance On Delinquency Theory , Victor L. Streib Feb 2013

From Gault To Fare And Smith: The Decline In Supreme Court Reliance On Delinquency Theory , Victor L. Streib

Pepperdine Law Review

The Supreme Court's reliance upon research and scholarly commentaries which examine the sociological factors that contribute to delinquent behavior has declined considerably during the last fourteen years. The author, in an effort to explain this decline, analyzes the seven major juvenile cases which have been considered by the Court since 1966. He conducts this analysis by focusing upon the subject matter of each decision, the importance of the issues arising therein and the author of each opinion. While some similarities appear, no consistent pattern emerges from this analysis. The article concludes that while juvenile law is an area which is …


People V. Drew: Adoption Of The Ali Rule Of Insanity In California , David Darbyshire Feb 2013

People V. Drew: Adoption Of The Ali Rule Of Insanity In California , David Darbyshire

Pepperdine Law Review

No abstract provided.


The California Supreme Court Survey: A Review Of Decisions: December 1980 - February 1981, Drago C. Baric, William C. Bollard Feb 2013

The California Supreme Court Survey: A Review Of Decisions: December 1980 - February 1981, Drago C. Baric, William C. Bollard

Pepperdine Law Review

No abstract provided.