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Court Review: Volume 39, Issue 2 - Judicial Candidate Speech After Republican Party Of Minnesota V. White, Jan Witold Baran
Court Review: Volume 39, Issue 2 - Judicial Candidate Speech After Republican Party Of Minnesota V. White, Jan Witold Baran
Court Review: Journal of the American Judges Association
The people want to elect judges. Notwithstanding a typical Washington lawyer’s view of the judiciary enshrined in Article III of the Constitution, the citizens of 39 states insist that judges should be subject to electoral accountability and not be given lifetime appointments by the government elites. For that reason, 53% of state appellate judges must run in contested elections for an initial term on the bench (out of 1,243 judges). Likewise, 66% of state trial court judges (8,489) must first run in contested elections. Eight-seven percent of all state appellate and trial judges face some type of election for subsequent …
Court Review: Volume 39, Issue 1 - Editor's Note
Court Review: Volume 39, Issue 1 - Editor's Note
Court Review: Journal of the American Judges Association
Most state court judges in the United States stand for election, whether it be one in which an opposing candidate can run or one in which an appointed judge stands for retention. Accordingly, questions concerning what judicial candidates can say during an election campaign are of great significance. At the end of its past term, the United States Supreme Court issued its first decision regarding the tension between the First Amendment and restrictions that have been placed by states on the speech of judicial candidates.
Court Review: Volume 39, Issue 1 - Recent Civil Decisions Of The United States Supreme Court: The 2001-2002 Term, Charles H. Whitebread
Court Review: Volume 39, Issue 1 - Recent Civil Decisions Of The United States Supreme Court: The 2001-2002 Term, Charles H. Whitebread
Court Review: Journal of the American Judges Association
The United States Supreme Court’s 2001-2002 term marked Chief Justice Rehnquist’s 30th anniversary on the bench. Given the continuing prominence of 5-4 splits along typically ideological lines, the chief justice’s leadership is as significant as it ever was. In the context of the Court’s civil decisions, the chief justice’s importance to the conservative bloc was demonstrated in the case immunizing states from privateparty complaints adjudicated by administrative agencies and in the Court’s acceptance of a policy permitting public vouchers to be used for religious school tuition. The Court also confronted significant issues regarding the First Amendment and limitations on protecting …
Court Review: Volume 39, Issue 1 - Should Judges Be More Like Politicians?, Roy A. Schotland
Court Review: Volume 39, Issue 1 - Should Judges Be More Like Politicians?, Roy A. Schotland
Court Review: Journal of the American Judges Association
Judges sometimes are unrealistic. Whatever one’s view of the recent Pledge of Allegiance decision, do you remember Clinton v. Jones, in which eight justices had no doubt that there were no serious risks in allowing Paula Jones’ lawsuit to proceed against a sitting President? The Supreme Court’s decision about judicial elections shows how unrealistic five justices can be about what happens in election campaigns, and also—ironically—about how much judges differ from legislators and others who run for office. Reality was captured concisely by Robert Hirshon, president of the American Bar Association, who said, “This is a bad decision. It will …
Court Review: Volume 39, Issue 1 - The White Decision In The Court Of Opinion: Views Of Judges And The General Public, David B. Rottman
Court Review: Volume 39, Issue 1 - The White Decision In The Court Of Opinion: Views Of Judges And The General Public, David B. Rottman
Court Review: Journal of the American Judges Association
The U.S. Supreme Court’s first decision on judicial elections— Republican Party of Minnesota v. White—came on the heels of the first national opinion survey devoted entirely to judicial selection issues. In late 2001, 1,000 randomly selected members of the public and 2,500 state appellate and trial judges answered questions about their participation in judicial elections, opinions about current practices, and support for various reform proposals. Some questions were asked of judges and public alike, while other questions concentrated on their respective roles in the election process. The surveys were conducted on behalf of the Justice at Stake Campaign, a nationwide …
Court Review: Volume 39, Issue 1 - A Crack At Federal Drafting, Joseph Kimble
Court Review: Volume 39, Issue 1 - A Crack At Federal Drafting, Joseph Kimble
Court Review: Journal of the American Judges Association
This will not be the first or last article that criticizes the style of drafting in federal statutes. But it will, I believe, be different in at least one respect: it will scrutinize the style in just one small slice of federal drafting in a way that should edify drafters of any legal document. In fact, this inspection should open the eyes of all legal writers—for I’ll identify some of the persistent, inexcusable failings that pervade all legal writing. I did this kind of thing once before in Court Review, using the final orders from the Clinton impeachment trial. If …
Court Review: Volume 39, Issue 1 - Complete Issue
Court Review: Volume 39, Issue 1 - Complete Issue
Court Review: Journal of the American Judges Association
No abstract provided.
Earth Observation Data Policy In Europe: An Inventory Of Legal Aspects And Legal Issues, Frans Von Der Dunk
Earth Observation Data Policy In Europe: An Inventory Of Legal Aspects And Legal Issues, Frans Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
The activities of Earth observation and further policy initiatives to deal with the data produced thereby raise fundamental questions as to how to use “law” as a policy tool, to stimulate them and/or curb their perceived negative effects. The crucial involvement of “outer space” in Earth observation causes special legal parameters to arise in this respect. Europe is one of the major players in this area, with various important international organizations involved in addition to a number of space powers, which makes it interesting in particular to deal with the situation in this part of the world. This chapter provides …
United Nations Principles On Remote Sensing And The User, Frans Von Der Dunk
United Nations Principles On Remote Sensing And The User, Frans Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
The United Nations Principles on Remote Sensing were adopted by consensus on 3 December 1986. They provide a set of non-binding yet agreed and politically relevant principles to guide the activities of remote sensing by the United Nations member states. The 15 principles are each examined in turn in this chapter.
This chapter deals with the Resolution on remote sensing and its impact on the user and user-relevant issues in an area involving a complex chain of activities with the resulting (legal) relations. While many types of users may be envisaged or are already active in the field, for the …
Non-Discriminatory Data Dissemination In Practice, Frans Von Der Dunk
Non-Discriminatory Data Dissemination In Practice, Frans Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
A key element of the UN Principles on Remote Sensing is the concept of “non-discriminatory access.” This chapter examines this concept in detail, through a general discussion and through illustrative examples where it is directly related to data policy issues, including ESA, EUMETSAT, and CEOS.
One of the major issues in the UN Principles discussed in Chapter 4 concerns the exact and authoritative interpretation and implementation of the central concept of Principle XII of the UN Resolution, namely the “access to [remote sensing data] on a non-discriminatory basis.” As noted in Chapter 4, “discrimination” essentially entails making distinctions between equal …
Intellectual Property Rights As A Policy Tool For Earth Observation Data In Europe, Frans G. Von Der Dunk
Intellectual Property Rights As A Policy Tool For Earth Observation Data In Europe, Frans G. Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
This chapter provides a contribution to analyze and evaluate the possibilities and obstacles of using intellectual property rights as a policy tool in the European Earth observation context. To this end, the generic concept of “intellectual property rights” will be discussed first. Secondly, such an analysis will then be applied to the legal particularities provided by Earth observation from space. Thirdly, a few international treaties on intellectual property rights will be discussed. Fourthly, the particular legal framework available in principle for any policies in Europe will be scrutinized, for example the specifics of the legal order having arisen within the …
Launching Alcantara Into The Global Space Economy - The 2001 Brazll..1an National Space Law The Continuing Story Of National Implementation Of International Responsibility And Liability, Part Ii, Frans G. Von Der Dunk
Launching Alcantara Into The Global Space Economy - The 2001 Brazll..1an National Space Law The Continuing Story Of National Implementation Of International Responsibility And Liability, Part Ii, Frans G. Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
1. Introduction-It is by now beyond doubt, that a major consequence of the Outer Space Treaty's Articles VI, VII and Vlll, of the Liability Convention and of the Registration Convention is the requirement for an increasing number of states to regulate private space activities by means of national legislation largely or exclusively dedicated to space and space activities. This is not the place to go into the details of these provisions, or even into the major uncertainties and the absence of clarity still surrounding some of the key concepts concerned. Much attention has been devoted to these issues by experts, …
Ukrainian National Space Law From An International Perspective, Frans G. Von Der Dunk, Sergei A. Negoda
Ukrainian National Space Law From An International Perspective, Frans G. Von Der Dunk, Sergei A. Negoda
Space, Cyber, and Telecommunications Law Program: Faculty Publications
As one of the three former Soviet republics engaged in space activities, the Ukraine has had to formulate new national space legislation as a means of demonstrating a responsible attitude to the international security system, of harmonizing its legislation with that of its international political and economic partners and of creating clear guidelines for investors.This article presents the background to the formation of Ukrainian space law, describes some of the new laws enacted and discusses these within the context of international space law. Particular attention is paid to the legal regulation of commercial activities, to dual-use issues and to the …
Court Review: Volume 38, Issue 4 - Editor's Note
Court Review: Volume 38, Issue 4 - Editor's Note
Court Review: Journal of the American Judges Association
In the lead article in this issue, court consultant Roger Hanson examines the implications of the changing role of the judge. He rightly notes that judging today is not exactly what it was 30 years ago and asks how changes in the perceptions of the proper judicial role have affected the behavior of judges. For most of us, we tend to do our jobs on a daily basis without conscious thought about the various roles we play (e.g., law applier, mediator, policy maker), let alone the expectations of others about our performance of each of those roles. Although Hanson draws …
Court Review: Volume 38, Issue 4 - Complete Issue
Court Review: Volume 38, Issue 4 - Complete Issue
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 38, Issue 4 - The Changing Role Of A Judge And Its Implications, Roger Hanson
Court Review: Volume 38, Issue 4 - The Changing Role Of A Judge And Its Implications, Roger Hanson
Court Review: Journal of the American Judges Association
There is a lot of talk these days about the role of a judge, especially among trial court judges. Frequently the discussion is framed in terms of whether the judiciary should be expected to behave in one of two polar-opposite ways. Should they be primarily almost aloof finders of fact, impartial and nearly devoid of intimate contact with and knowledge of litigants and their circumstances? Or should they be one of many possible partners to a diagnostic, therapeutic oriented response process to ameliorate underlying and messy problems of litigants? These choices confront judges with the creation and development of drug …
Court Review: Volume 38, Issue 4 - Age Differences Among Judges Regarding Maternal Preference In Child Custody Decisions, Leighton Stamps
Court Review: Volume 38, Issue 4 - Age Differences Among Judges Regarding Maternal Preference In Child Custody Decisions, Leighton Stamps
Court Review: Journal of the American Judges Association
Over the last 30 to 40 years, sweeping changes have occurred in societal attitudes toward divorce. These changes have been reflected in the laws governing divorce and child custody as well as in the increasing rate of divorce in the United States. Just as divorce laws have changed, making the divorce process much less difficult, there have also been dramatic changes in custody and visitation statutes. From the mid-1800s until the 1960s, maternal preference was the general rule in the large majority of judicial custody decisions. During this period, the mother’s “natural ability” to nurture the child was considered as …
Court Review: Volume 38, Issue 4 - Index Of Volume 38
Court Review: Volume 38, Issue 4 - Index Of Volume 38
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 38, Issue 4 - Cover
Court Review: Volume 38, Issue 4 - Cover
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 38, Issue 4 - Saving The State Justice Institute, Jose Dimas
Court Review: Volume 38, Issue 4 - Saving The State Justice Institute, Jose Dimas
Court Review: Journal of the American Judges Association
Last fall, Congress seriously undermined efforts to strengthen and improve state court systems. The appropriations bill for FY 2002 funded the State Justice Institute (SJI) at $3 million and called for its demise by September 30, 2003. SJI is the only federal institution dedicated to improving the state court systems. It does this primarily by funding national-scope court projects and the awarding of educational scholarships to court personnel. A national effort led by the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA) is under way in the court community to reverse this decision and gain …
Court Review: Volume 38, Issue 4 - Drug Treatment Programs: Policy Implications For The Judiciary, Arthur H. Garrison
Court Review: Volume 38, Issue 4 - Drug Treatment Programs: Policy Implications For The Judiciary, Arthur H. Garrison
Court Review: Journal of the American Judges Association
Drug use in the United States has been cited for the growth in American prisons over the past decade. Heroin, once considered a drug to be avoided and scorned, has had resurgence in use by middle-class youth and white-collar professionals due to the increased purity of the drug and the lack of need to use needles for ingestion. Naltrexone has been used as a method of helping heroin addicts to end their drug dependency, but such programs have limitations in their use and effectiveness. This paper is drawn from an evaluation of a drug treatment program in Wilmington, Delaware. The …
Court Review: Volume 38, Issue 4 - Table Of Contents
Court Review: Volume 38, Issue 4 - Table Of Contents
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 38, Issue 4 - The Resource Page
Court Review: Volume 38, Issue 4 - The Resource Page
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 38, Issue 4 - President's Column, Bonnie Sudderth
Court Review: Volume 38, Issue 4 - President's Column, Bonnie Sudderth
Court Review: Journal of the American Judges Association
Zeal and tunnel vision replace the cool detachment that law school instills. Just as a doctor should never self-diagnose, a lawyer, too, should not self-represent. This point was never driven home more for me than when, at the end of a lengthy jury trial of a boring commercial dispute involving a self-represented attorney, a juror asked me, “Does he beat his wife?” Not only had the attorney done a poor job in representing himself (he lost), but his over-passionate arguments and extreme positions left the jurors with the distinct impression that he was emotionally unstable, perhaps even dangerous.
Court Review: Volume 38, Issue 4 - Illinois V. Wardlow: The Empowerment Of Police, The Weakening Of The Fourth Amendment, Pamela Richardson
Court Review: Volume 38, Issue 4 - Illinois V. Wardlow: The Empowerment Of Police, The Weakening Of The Fourth Amendment, Pamela Richardson
Court Review: Journal of the American Judges Association
The Fourth Amendment of the United States Constitution protects the right of the people against unreasonable searches and seizures by requiring a probable cause showing in order to obtain a warrant before conducting such searches. Since the United States Supreme Court decided Terry v. Ohio in 1968, however, the words of the Fourth Amendment have been questioned and the rights of the individual challenged. When the Court decided Illinois v. Wardlow in 2000, it was made clear that the words once written to protect all Americans do not pertain to those residing in locations deemed “highcrime areas.”