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Articles 1 - 9 of 9
Full-Text Articles in Law
Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman
Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman
Deborah M. Weissman
The article examines the tension between the principles of the Rule of Law and cultural norms of self-sufficiency. It begins by reviewing the principles of the Rule of Law as an ideal, the pursuit of which has led to historical efforts to meet the legal needs of the poor. It then examines recent legal events including federal statutory changes, three Supreme Court cases, and a federal circuit court case which have limited legal resources for those who cannot pay. The article then examines these developments in the context of a sea-change in the political environment of the nation, coinciding with …
Juries, Justice And Multiculturalism, Nancy S. Marder
Juries, Justice And Multiculturalism, Nancy S. Marder
Nancy S. Marder
No abstract provided.
Using Dispute System Design Methods To Promote Good-Faith Participation In Court-Connected Mediation Programs, John Lande
John Lande
This Article discusses what can be done to promote productive behavior in mediation and reduce bad conduct. Although most participants do not abuse the mediation process, some people use mediation to drag out litigation, gain leverage for later negotiations, and generally wear down the opposition. Rules requiring good-faith participation are likely to be ineffective and possibly counterproductive. This Article proposes using dispute system design principles to develop policies satisfying the interests of stakeholders in court-connected mediation programs. After outlining interests of key stakeholder groups including litigants, attorneys, courts, and mediators, the Article describes specific policies that could satisfy their interests. …
The History Of The Per Curiam Opinion: Consensus And Individual Expression On The Supreme Court, Laura Ray
The History Of The Per Curiam Opinion: Consensus And Individual Expression On The Supreme Court, Laura Ray
Laura K. Ray
No abstract provided.
Judicial Personality: Rhetoric And Emotion In Supreme Court Opinions, Laura K. Ray
Judicial Personality: Rhetoric And Emotion In Supreme Court Opinions, Laura K. Ray
Laura K. Ray
No abstract provided.
Between Punitive And Reconstructive Justice: The Gacaca Courts In Rwanda, Erin Daly
Between Punitive And Reconstructive Justice: The Gacaca Courts In Rwanda, Erin Daly
Erin Daly
In the aftermath of the 1994 genocide in Rwanda, in which almost a million people were killed by their fellow citizens within 3 months, the country was faced with the colossal task of bringing to justice hundreds of thousands of perpetrators while at the same time trying to rebuild the communities in which both the victims and the perpetrators had lived. This article argues that the regime of gacaca courts, though flawed in many ways, particularly from a western perspective, does nonetheless offer the potential for helping the communities within Rwanda to transform themselves. The form and structure of gacaca …
Book (Oup): On Law, Politics, And Judicialization: Path Dependence, Precedent, And Judicial Power, Alec Stone Sweet
Book (Oup): On Law, Politics, And Judicialization: Path Dependence, Precedent, And Judicial Power, Alec Stone Sweet
Alec Stone Sweet
No abstract provided.
Race, Class, And Legal Ethics In The Early Naacp (1910-1920), Susan D. Carle
Race, Class, And Legal Ethics In The Early Naacp (1910-1920), Susan D. Carle
Susan D. Carle
Has The Supreme Court Sounded The Death Knell For Jury Assessed Punitive Damages? A Critical Re-Examination Of The American Jury, Lisa Litwiller
Has The Supreme Court Sounded The Death Knell For Jury Assessed Punitive Damages? A Critical Re-Examination Of The American Jury, Lisa Litwiller
Lisa Litwiller
LAST TERM, the United States Supreme Court drastically altered the balance of power between judge and jury, and the legal community barely noticed. Although Cooper Industries, Inc. v. Leatherman Tool Group, Inc. is remarkable for what it does overtly - it changes the standard of review in punitive damages cases from an abuse of discretion review to de novo review; it is even more remarkable for what it does covertly - it arguably takes the right to assess punitive damages in the first instance entirely out of the hands of the jury. According to the Court, [u]nlike the measure of …