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Articles 31 - 60 of 65
Full-Text Articles in Law
Two Cheers For The Commission On Structural Alternatives For The Federal Courts Of Appeals, Thomas E. Baker
Two Cheers For The Commission On Structural Alternatives For The Federal Courts Of Appeals, Thomas E. Baker
Faculty Publications
No abstract provided.
No-Drop Prosecution Of Domestic Violence: Just Good Policy, Or Equal Protection Mandate?, Kalyani Robbins
No-Drop Prosecution Of Domestic Violence: Just Good Policy, Or Equal Protection Mandate?, Kalyani Robbins
Faculty Publications
Domestic violence is a problem that must be dealt with for what it is: a criminal act. The only way to effectively diminish it is through the full force of the criminal justice system, which must treat domestic violence the same as it treats crime by strangers. The purpose of this note is to argue that aggressive prosecution of domestic violence-at least to the same extent that other violent crimes are prosecuted-is mandated by the Equal Protection Clause of the Fourteenth Amendment. Part I will examine the extent of the problems that pervade the criminal justice system, both historically and …
2020 Year-End Report On The Judiciary By The Chief Justice Of The United States, Thomas E. Baker
2020 Year-End Report On The Judiciary By The Chief Justice Of The United States, Thomas E. Baker
Faculty Publications
No abstract provided.
Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno
Faculty Publications
No abstract provided.
A Constitutional Bibliography, Thomas E. Baker
A Constitutional Bibliography, Thomas E. Baker
Faculty Publications
No abstract provided.
A Catalogue Of Judicial Federalism In The United States, Thomas E. Baker
A Catalogue Of Judicial Federalism In The United States, Thomas E. Baker
Faculty Publications
No abstract provided.
Your Honor What I Meant To State Was . . .: A Comparative Analysis Of The Judicial And Evidentiary Admission Doctrines As Applied To Counsel Statements In Pleadings, Open Court, And Memoranda Of Law, Ediberto Román
Faculty Publications
This article analyzes the law regarding party admissions; specifically as applied to statements in pleadings, open court, and memoranda of law. In particular, this article will: (1) provide a detailed description of the two types of admissions counsel make; (2) address courts' treatment of attorneys' admissions in different circumstances; and (3) provide an argument for treating attorneys' admissions in memoranda of law similar to admissions in open court or in pleadings. The goal of this article is to provide a blueprint of the law on admissions, an area of law where all to often counsel pays little attention, and to …
A View To The Future Of Judicial Federalism: “Neither Out Far Nor In Deep”, Thomas E. Baker
A View To The Future Of Judicial Federalism: “Neither Out Far Nor In Deep”, Thomas E. Baker
Faculty Publications
Professor Baker briefly sketches some likely future scenarios for state courts and federal courts and then highlights what he expects will be the future opportunities for cooperation and judicial federalism. Included are discussions of the separate futures of the state and federal courts and then how the two judiciaries will relate to each other in the years ahead.
Intramural Reforms: How The U.S. Courts Of Appeals Have Helped Themselves, Thomas E. Baker
Intramural Reforms: How The U.S. Courts Of Appeals Have Helped Themselves, Thomas E. Baker
Faculty Publications
No abstract provided.
A Bibliography For The United States Courts Of Appeals, Thomas E. Baker
A Bibliography For The United States Courts Of Appeals, Thomas E. Baker
Faculty Publications
No abstract provided.
A Proposal That Congress Create A Commission On Federal Court Structure, Thomas E. Baker
A Proposal That Congress Create A Commission On Federal Court Structure, Thomas E. Baker
Faculty Publications
Predicting the shape and size of the federal judiciary in the future requires us to gaze into a rather clouded crystal ball; clouded, because the prediction of future changes in any institution is a hazardous business, and clouded even more in this case because political pressures as well as rational discourse will determine what the federal courts look like a generation hence.
Imagining The Alternative Futures Of The U.S. Courts Of Appeals, Thomas E. Baker
Imagining The Alternative Futures Of The U.S. Courts Of Appeals, Thomas E. Baker
Faculty Publications
Any number of extramural or structural reforms have been proposed over the years to solve the present problems and to meet the future needs of the United States Courts of Appeals. Some have been on the drawing board for a long time, while others are much more novel. In this article, Professor Baker gathers the more provocative extramural or structural proposals that have coalesced thus far in the decades-long debate over what Congress should do about the intermediate federal appellate courts. The Final Report of the Federal Courts Study Committee is the point of departure for this "inquiry and discussion."
An Assessment Of Past Extramural Reforms Of The U.S. Courts Of Appeals, Thomas E. Baker
An Assessment Of Past Extramural Reforms Of The U.S. Courts Of Appeals, Thomas E. Baker
Faculty Publications
Professor Baker posits several radical changes to the structure of the federal appellate courts to ease the growing caseload. First, he suggests restricting the jurisdiction of the federal district courts. Second, Professor discusses the merits of using alternative dispute resolution. Next, he discusses the merits and pitfalls of expanding, dividing and even establishing a specialized appellate judiciary. Finally, he discusses improving federal legislation to ease the load on the federal appellate courts.
The Eleventh Circuit’S First Decade Contribution To The Law Of The Nation, 1981-1991, Thomas E. Baker
The Eleventh Circuit’S First Decade Contribution To The Law Of The Nation, 1981-1991, Thomas E. Baker
Faculty Publications
Likewise, the task of commentary is difficult. The period covered here-the first decade of the Eleventh Circuit-represents, quite literally and figuratively, the formative era of the court. Indeed, the volume of decisions and their variety are qualities that ought to humble, if not intimidate, most commentators. Justice Holmes once observed that a common law court could be expected to replicate the entire corpus juris in the space of a single generation. The Eleventh Circuit did this consciously between 1981 and 1991. In Bonner v. City of Prichard, the inaugural en banc court held that the new court-just cleaved from the …
The Inherent Power To Impose Sanctions: How A Federal Judge Is Like An 800-Pound Gorilla, Thomas E. Baker
The Inherent Power To Impose Sanctions: How A Federal Judge Is Like An 800-Pound Gorilla, Thomas E. Baker
Faculty Publications
Inherent sanctions, like Rule 11 sanctions, may be imposed against any person responsible for wrongdoing, regardless of whether that person is a litigant or an attorney. Sanctionable wrongdoing includes pre litigation misconduct, as well as abuses of process that occur beyond the courtroom, such as the willful disobedience of an otherwise valid court order, so long as the court affords a violation due process before imposing sanctions. In addition to Rule 11's function as a deterrent, inherent sanctions further the goals of compensation and punishment.
A Legislative History Of The Creation Of The Eleventh Circuit, Thomas E. Baker
A Legislative History Of The Creation Of The Eleventh Circuit, Thomas E. Baker
Faculty Publications
No abstract provided.
Some Preliminary Thoughts On Long-Range Planning For The Federal Judiciary, Thomas E. Baker
Some Preliminary Thoughts On Long-Range Planning For The Federal Judiciary, Thomas E. Baker
Faculty Publications
Professor Baker gives his prescription for the Long-Range Planning Committee of the Judicial Conference. First, he considers the "mission" of the federal courts, explaining that there should be no single, objectively correct conception of the role of the federal courts. Second, he discusses his conception of long-range planning, in terms of a relatively short event horizon and the absolutely wide-open scope of the range of proposals that are relevant to the work of the Committee. Third, he describes his preliminary thoughts on the role of the Committee to be a kind of permanent Federal Courts Study Committee modeled after comparable …
An Introduction To Federal Court Rulemaking Procedure, Thomas E. Baker
An Introduction To Federal Court Rulemaking Procedure, Thomas E. Baker
Faculty Publications
Toward the end of September 1990 at a closed meeting in Washington, DC, the Judicial Conference of the United States passed on a substantial set of proposed amendments to the rules of practice and procedure of the federal courts. The new appellate rules authorized local circuit rules on electronic filing, required a jurisdictional statement in the appellant's brief and eliminated some inconsistencies in the notice rules for admiralty appeals.
“Our Federalism” In Pennzoil Co. V. Texaco, Inc. Or How The Younger Doctrine Keeps Getting Older Not Better, Thomas E. Baker
“Our Federalism” In Pennzoil Co. V. Texaco, Inc. Or How The Younger Doctrine Keeps Getting Older Not Better, Thomas E. Baker
Faculty Publications
No abstract provided.
On Redrawing Circuit Boundaries — Why The Proposal To Divide The United States Court Of Appeals For The Ninth Circuit Is Not Such A Good Idea, Thomas E. Baker
On Redrawing Circuit Boundaries — Why The Proposal To Divide The United States Court Of Appeals For The Ninth Circuit Is Not Such A Good Idea, Thomas E. Baker
Faculty Publications
The current U.S. Court of Appeals for the 9th Circuit covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam and the Northern Mariana Islands. Nearly 46 million people live within its boundaries. As a result, the 9th Circuit has the largest caseload and takes the most time of any federal circuit court to dispose of cases. Despite all of this, Professor Baker lays out his argument for why dividing the 9th Circuit is wrong-headed. He starts by giving a detailed history of U.S. circuit courts, including the recent experience of splitting the 5th Circuit. He then takes on …
Toward A Unified Theory Of The Jurisdiction Of The United States Courts Of Appeals, Thomas E. Baker
Toward A Unified Theory Of The Jurisdiction Of The United States Courts Of Appeals, Thomas E. Baker
Faculty Publications
No abstract provided.
Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno
Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno
Faculty Publications
No abstract provided.
The Need For A New National Court, Douglas D. Mcfarland, Thomas E. Baker
The Need For A New National Court, Douglas D. Mcfarland, Thomas E. Baker
Faculty Publications
By any measure, the Supreme Court is tremendously overburdened. Statistics speak clearly on this point; sometimes they shout. After the caseload relief provided by the Judges' Bill, 4 which was passed in I925 and took effect during the I928 Term, the Supreme Court caseload grew slowly for thirty years. Beginning in the I96os, growth sharply accelerated, and during the I970S and I98os, the numbers exploded.
Thinking About Federal Jurisdiction — Of Serpents And Swallows, Thomas E. Baker
Thinking About Federal Jurisdiction — Of Serpents And Swallows, Thomas E. Baker
Faculty Publications
In this essay, Professor Baker assumes that the decision to get into or stay in federal court has been made, for whatever reason. His concentration is focused on providing a checklist of some of the typical challenges to jurisdiction and to highlight some uncommon responses. Organizationally, he first considers general issues which apply to all cases, and then considers separately some issues in diversity cases and in federal question cases.
Federal Jurisdiction, Thomas E. Baker
A Compendium Of Proposals To Reform The United States Courts Of Appeals, Thomas E. Baker
A Compendium Of Proposals To Reform The United States Courts Of Appeals, Thomas E. Baker
Faculty Publications
Judge Ginsburg has provided a judge's-eye view of the work of a United States Court of Appeals in her Dunwody Lecture.'From her perspective as a judge on the District of Columbia Circuit, she has done a fine job describing the process of deciding appellate cases and composing a reasoned decision. But simply describing" things as they are" in the decisional process will not suffice in this article for two reasons. First, Judge Ginsburg has already done that, as have other judges.
The Ambiguous Independent And Adequate State Ground In Criminal Cases: Federalism Along A Mobius Strip, Thomas E. Baker
The Ambiguous Independent And Adequate State Ground In Criminal Cases: Federalism Along A Mobius Strip, Thomas E. Baker
Faculty Publications
A Primer On Precedent In The Eleventh Circuit, Thomas E. Baker
A Primer On Precedent In The Eleventh Circuit, Thomas E. Baker
Faculty Publications
This article is the third and final article in a series of articles written by Professor Baker considering the problems of precedent created by the Fifth Circuit Court of Appeals Reorganization Act of 1980. The Act divided the former Fifth Circuit into two autonomous judicial circuits: the new Fifth Circuit, composed of the District of the Canal Zone, Louisiana, Mississippi, and Texas, and the new Eleventh Circuit, composed of Alabama, Florida, and Georgia. In this article, Professor Baker seeks to provide an introduction to how the new Eleventh Circuit has treated antecedent Fifth Circuit precedents. First, Professor Baker identifies and …
Dam Federal Jurisdiction!, Thomas E. Baker
Dam Federal Jurisdiction!, Thomas E. Baker
Faculty Publications
From the outset, the reader should be familiar with our script. Our threefold purpose in writing this essay is to be at once descriptive, evaluative, and prescriptive. We shall describe briefly the decisions of the United States Supreme Court during the 1981 Term in the broad field of federal jurisdiction, and shall compare and contrast those decisions with the past decisions of the United States Court of Appeals for the Eleventh Circuit.
Constitutional Criminal Procedure, Thomas E. Baker
Constitutional Criminal Procedure, Thomas E. Baker
Faculty Publications
No abstract provided.