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Articles 1 - 8 of 8
Full-Text Articles in Law
Justice On Appeal In Criminal Cases: A Twentieth-Century Perspective, Paul D. Carrington
Justice On Appeal In Criminal Cases: A Twentieth-Century Perspective, Paul D. Carrington
Faculty Scholarship
Criminal appeals was a hot topic in the 1970s, reflecting the politics of the Great Society and the development of the constitutional requirements of due process. There was then widespread agreement that the function of the criminal appeal was to assure that the appropriate judges were giving visible attention to all convictions to assure that they were justified. This paper will pose the question: what has become of that vision of a former generation?
The Solicitor General As Mediator Between Court And Agency, Margaret H. Lemos
The Solicitor General As Mediator Between Court And Agency, Margaret H. Lemos
Faculty Scholarship
No abstract provided.
Maritime Delimitation In The Black Sea (Romania V. Ukraine), Coalter G. Lathrop
Maritime Delimitation In The Black Sea (Romania V. Ukraine), Coalter G. Lathrop
Faculty Scholarship
No abstract provided.
Judicial Independence In Excess: Reviving The Judicial Duty Of The Supreme Court, Paul D. Carrington, Roger C. Cramton
Judicial Independence In Excess: Reviving The Judicial Duty Of The Supreme Court, Paul D. Carrington, Roger C. Cramton
Faculty Scholarship
Independence from extrinsic influence is, we know, indispensable to public trust in the integrity of professional judges who share the duty to decide cases according to preexisting law. But such independence is less appropriate for those expected to make new law to govern future events. Indeed, in a democratic government those who make new law are expected to be accountable to their constituents, not independent of their interests and unresponsive to their desires. The Supreme Court of the United States has in the last century largely forsaken responsibility for the homely task of deciding cases in accord with preexisting law …
Treaties As "Part Of Our Law", Ernest A. Young
Treaties As "Part Of Our Law", Ernest A. Young
Faculty Scholarship
No abstract provided.
The Andean Tribunal Of Justice And Its Interlocutors: Understanding Preliminary Reference Patterns In The Andean Community, Laurence R. Helfer, Karen J. Alter
The Andean Tribunal Of Justice And Its Interlocutors: Understanding Preliminary Reference Patterns In The Andean Community, Laurence R. Helfer, Karen J. Alter
Faculty Scholarship
In the European Union, national courts have been key intermediaries in helping to bolster and expand the authority of the European Court of Justice through its preliminary reference mechanism. This article analyzes the role of national judges in the Andean Community, a regional legal system whose judicial institution - the Andean Tribunal of Justice (ATJ) - was modeled directly on its European predecessor. Our analysis is based on an original coding of every publically available national court referral to the ATJ from 1987 to 2007 and interviews with over forty participants in the Andean legal system. We find that the …
Competition In The Courtroom: When Does Expert Testimony Improve Jurors’ Decisions?, Cheryl Boudreau, Mathew D. Mccubbins
Competition In The Courtroom: When Does Expert Testimony Improve Jurors’ Decisions?, Cheryl Boudreau, Mathew D. Mccubbins
Faculty Scholarship
Many scholars lament the increasing complexity of jury trials and question whether the testimony of competing experts helps unsophisticated jurors to make informed decisions. In this article, we analyze experimentally the effects that the testimony of competing experts has on (1) sophisticated versus unsophisticated subjects' decisions and (2) subjects' deci- sions on difficult versus easy problems. Our results demonstrate that competing expert testimony, by itself, does not help unsophisticated subjects to behave as though they are sophisticated, nor does it help subjects make comparable decisions on difficult and easy problems. When we impose additional institutions (such as penalties for lying …
Foreign Officials And Sovereign Immunity In U.S. Courts, Curtis A. Bradley
Foreign Officials And Sovereign Immunity In U.S. Courts, Curtis A. Bradley
Faculty Scholarship
No abstract provided.