Law Commons^™

Praise Defenders, Not Just Prosecutors, Stephen E. Henderson

Stephen E Henderson

Federal Justice And Moral Reform In The United States District Court In Indiana, 1816-1869, George W. Geib, Donald B. Kite

George W. Geib

In November 1840, William Martin, an Indiana mail stage driver found himself standing in United States District Court, convicted of stealing a letter containing bank notes from the mail.^1 District Judge Jesse Lynch Holman reviewed the evidence that convinced the jury, and then lectured the defendant upon his future prospects: The prospect before you is truly dark and dreary; yet there is a distant ray of hope that may enlighten your path You may do much by a patient submission to the law—by a reformation of life and an upright line of conduct ... to some extent, to regain a …

Using Common Sense: A Linguistic Perspective On Judicial Interpretations Of "Use A Firearm", Clark D. Cunningham, Charles J. Filmore

Clark D. Cunningham

No abstract provided.

Tribute To The Honorable Richard S. Arnold, Richard W. Garnett

Richard W Garnett

A former law clerk recounts Judge Arnold’s life and service.

Growth Under The Shadow Of Expropriation? The Economic Impacts Of Eminent Domain, Daniel L. Chen, Susan Yeh

Susan Yeh

See paper

In Memoriam: Honourable Gerald Eric Le Dain, 1924-2007, Patrick J. Monahan, Harry W. Arthurs, Bruce B. Ryder

Harry Arthurs

No abstract provided.

In Memoriam: Honourable Gerald Eric Le Dain, 1924-2007, Patrick J. Monahan, Harry W. Arthurs, Bruce B. Ryder

Bruce B. Ryder

No abstract provided.

Women In Robes, Sital Kalantry

Sital Kalantry

This article presents statistics on the number of women in the judiciary and argues for gender parity to further equality, enhance courts' legitimacy, and strengthen the rule of law.

Judicial Rhetoric & Lawyers' Roles, Samuel J. Levine

Samuel J. Levine

Notwithstanding the rich scholarly literature debating the proper roles of lawyers and the precise contours of lawyers’ ethical conduct, as a descriptive matter, the American legal system operates as an adversarial system, premised in part upon clear demarcations between the functions of different lawyers within the system. Broadly speaking, prosecutors have the distinct role of serving justice, which includes the duty to try to convict criminal defendants who are deserving of punishment, in a way that is consistent with both substantive and procedural justice. In contrast, private attorneys have a duty to zealously represent the best interests of their clients, …

Jack B. Weinstein: Judicial Entrepreneur, Jeffrey B. Morris

Jeffrey B. Morris

The University of Miami Law Review's 2014 Symposium, Leading from Below, honored Judge Jack B. Weinstein for his extraordinary career as a private practitioner, government lawyer, advisor to legislators and executive officials, major legal scholar, and federal district judge for over forty-seven years. It also offered the possibility of pausing for several days to consider the significance of the federal district courts more generally.This article is intended to look at the career of one very well regarded judge through spectacles that offer a different vantage point on a judicial career. Those spectacles-the concept of judicial entrepreneurship-seem to be particularly apt …

Hustle And Flow: A Social Network Analysis Of The American Federal Judiciary, Daniel Martin Katz

Daniel M Katz

No abstract provided.

Eviction Court And A Judicial Duty Of Inquiry, Harold J. Krent

Harold J. Krent

ABSTRACT

The Illinois Appellate Court in Draper & Kramer v. King reversed a court ordered eviction on the ground that the tenant likely did not appreciate that she had agreed in a settlement to vacate her residence in addition to paying arrears on rent. In the chaotic environment of eviction court proceedings, tenants too often pledge paying back rent without realizing that, at the same time, they have agreed to be evicted and that the court ordered eviction will follow them for the rest of their lives. In Chicago, at least, the potential for confusion is enhanced because the agreed …

Deported To Die? Applying The Categorical Approach To The "Particularly Serious Crime" Bar, Fatma E. Marouf

Fatma E Marouf

A noncitizen who has been convicted of a “particularly serious crime” can be deported to a country where there is a greater than fifty percent chance of persecution or death. Yet the Board of Immigration Appeals (BIA) has not provided a clear test for determining what is a “particularly serious crime.” The current test, which combines an examining of the elements of the crime with a fact-specific inquiry, has led to arbitrary and unpredictable decisions about what types of offense are “particularly serious.” This Article argues that the categorical approach for analyzing convictions should be applied to the particularly serious …

Deported To Die? Applying The Categorical Approach To The "Particularly Serious Crime" Bar, Fatma Marouf

Fatma Marouf

We, The Judges: The Legalized Subject And Narratives Of Adjudication In Reality Television, 81 Umkc L. Rev. 1 (2012), Cynthia D. Bond

Cynthia D. Bond

At first a cultural oddity, reality television is now a cultural commonplace. These quasi-documentaries proliferate on a wide range of network and cable channels, proving adaptable to any audience demographic. Across a variety of types of "reality" offerings, narratives of adjudication replete with "judges," "juries," and "verdicts"-abound. Do these judgment formations simply reflect the often competitive structure or subtext of reality TV? Or is there a deeper, more constitutive connection between reality TV as a genre and narratives of law and adjudication? This article looks beyond the many "judge shows" popular on reality TV (e.g., Judge Judy') to examine the …

The Constitution And Informational Privacy, Or How So-Called Conservatives Countenance Governmental Intrustion Into A Person's Private Affairs, 18 J. Marshall L. Rev. 871 (1985), Michael P. Seng

Michael P. Seng

No abstract provided.

Ice Skating Up Hill: Constitutional Challenges To Sec Administrative Proceedings, Thomas Glassman

Thomas S Glassman

Since the inception of the Dodd-Frank Act the Securities and Exchange Commission has come under fire for its increased use of administrative proceedings in adjudicating the agency’s enforcement actions. That criticism has come to several suits in federal court claiming constitutional challenges to the system generally and most recently, the Administrative Law Judges themselves. Until June of 2015, when Hill v. the SEC took place in federal court, the Government was unbeaten in when arguing against these constitutional challenges. Hill, however found that it was likely the SEC had hired their Administrative Law Judges unconstitutionally. The SEC Administrative Law Judges …

Restoring Reason And Civility To The Judicial Selection Process, Rodney A. Smolla

Rod Smolla

Not available.

Chief Justice Harry L. Carrico And The Ideal Of Judicial Independence, Rodney A. Smolla

Rod Smolla

Not available.

Legislatively Directed Judicial Activism: Some Reflections On The Meaning Of The Civil Justice Reform Act, 28 U. Mich. J.L. Reform 305 (1995), Matthew R. Kipp, Paul B. Lewis

Paul Lewis

With the Civil Justice Reform Act (CJRA), Congress attempted to further a trend that the federal judiciary had undertaken largely on its own initiative. Sensing a critical need to address the mounting expense and delay of federal civil litigation, Congress, like the judiciary, sought to increase the degree of early and active involvement of judges in the adjudicatory process. The result of this mandate has been a further emphasis on the role of the judge as a case manager. As a necessary corollary, the liberty and self-determination of individual litigants-ideals that have historically been seen as philosophical cornerstones of the …

Systemic Due Process: Procedural Concepts And The Problem Of Recusal, 38 U. Kan. L. Rev. 381 (1990), Paul B. Lewis

Paul Lewis

No abstract provided.

Supreme Court Leaks And Recusals: A Response To Professor Steven Lubet’S Scotus Ethics In The Wake Of Nfib V. Sebelius, 47 Val. U. L. Rev. 925 (2013), Kevin Hopkins

Kevin L. Hopkins

As Professor Steven Lubet notes in his article, Stonewalling, Leaks, and Counter-Leaks: SCOTUS Ethics in the Wake of NFIB v. Sebelius, the ethical conduct of Supreme Court Justices has once again gained national attention. This time, however, the context for public outcry is due to actions of an in-house source who released confidential information to a member of the press concerning the voting behavior and the overall sentiments of members of the Court's minority in one of the most significant and controversial rulings of the year: NFIB v. Sebelius (the "Affordable Care Act"). Professor Lubet uses this leaking of significant …

The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan

Trevor J Calligan

No abstract provided.

Using Occam’S Razor To Solve International Attorney-Client Privilege Choice Of Law Issues: An Old Solution To A New Problem, Nathan M. Crystal, Francesca Giannoni-Crystal

Nathan M. Crystal

The practice of law is increasingly becoming “delocalized.” Globalization and the use of technology are two important factors in this fundamental change in practice. Delocalization is affecting almost all areas of practice, including issues involving attorney-client privilege (ACP). To some extent the choice-of-law rules governing ACP are also – like other fields of the law - being “delocalized,” but in our view only partially. This paper discusses six approaches to choice of law issues governing ACP that are being used by the courts. Aside from the traditional lex loci approach (which simply applies the law of the forum to the …

Ruth Bader Ginsburg's Jurisprudence Of Opportunity And Equality, Deborah Jones Merritt, David M. Lieberman

David Lieberman

No abstract provided.

The Law And Science Of Video Game Violence: What Was Lost In Translation?, 31 Cardozo Arts & Ent. L.J. 297 (2013), William K. Ford

William K. Ford

"[A]s a general rule," writes Pulitzer Prize-winning journalist Edward Humes, "courts don't do science very well."' Susan Haack, a professor of law and philosophy, elaborates on why this may be true, offering several reasons for "deep tensions" between science and law. The reasons offered by Haack may be less of a concern where the dispute involves litigation against the government on significant questions of public policy. Recent decisions assessing the constitutionality of laws restricting minors' access to violent video games therefore offer an opportunity to examine how well the courts handled scientific evidence in a situation lacking some of the …

An Empirical Analysis Of The Confirmation Hearings Of The Justices Of The Rehnquist Natural Court, 24 Const. Comment. 127 (2007), Jason J. Czarnezki, William K. Ford, Lori A. Ringhand

William K. Ford

No abstract provided.

Judging Expertise In Copyright Law, 14 J. Intell. Prop. L. 1 (2006), William K. Ford

William K. Ford

No abstract provided.

The Phantom Philosophy? An Empirical Investigation Of Legal Interpretation, 65 Md. L. Rev. 841 (2006), Jason J. Czarnezki, William K. Ford

William K. Ford

This Article tests a model of judicial decision making that incorporates elements of both the attitudinal model and the legal model, along with measures of institutional and judicial background characteristics such as collegiality and trial court experience. We develop a measure of interpretive philosophy relying primarily on judicial opinions, which we code for certain indicators of traditional interpretive approaches (i.e., the use of interpretive tools). The critical question is whether judges with similar interpretive philosophies are more likely to agree with one another when deciding cases. Our general finding is that ideology and interpretive philosophy are not significant predictors of …

Legal Arguments In The Opinions Of Montana Territorial Chief Justice Decius S. Wade, Andrew P. Morriss

Andrew P. Morriss

No abstract provided.