Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 271 - 286 of 286

Full-Text Articles in Law

Court Review: Volume 38, Issue 2 - Recent Criminal Decisions Of The United States Supreme Court: The 2000-2001 Term, Charles H. Whitebread Jul 2001

Court Review: Volume 38, Issue 2 - Recent Criminal Decisions Of The United States Supreme Court: The 2000-2001 Term, Charles H. Whitebread

Court Review: The Journal of the American Judges Association

The United States Supreme Court’s 2000-2001 term will always be remembered for the Court’s role in deciding the outcome of the contemporaneous presidential election. Despite the notoriety of that decision, the rest of the term was relatively uneventful. Marked by recurrent split decisions, the Court addressed significant issues regarding an individual’s Fourth Amendment rights in the face of technological advance and law enforcement authority, the death penalty, and other topics of criminal procedure.


Court Review: Volume 38, Issue 2 - Editor's Note Jul 2001

Court Review: Volume 38, Issue 2 - Editor's Note

Court Review: The Journal of the American Judges Association

In early July, when I opened the Sunday New York Times, I was surprised to see a front- page article devoted to whether legal citations in court opinions should appear in text or be placed in footnotes. Before the end of the day— thanks to the modern miracle of e-mail and people so driven that they are online on Sundays—both Bryan Garner and Judge Richard Posner, each among the best writers the legal world has known, had agreed to write articles on this topic for Court Review. The next day, Justice Rodney Davis joined the group and the debate over …


Court Review: Volume 38, Issue 2 - Extrajudicial Speech: Navigating Perils And Avoiding Pitfalls, William G. Ross Jul 2001

Court Review: Volume 38, Issue 2 - Extrajudicial Speech: Navigating Perils And Avoiding Pitfalls, William G. Ross

Court Review: The Journal of the American Judges Association

In its biting opinion, the U.S. Court of Appeals for the District of Columbia castigated Judge Jackson for giving media interviews and public speeches in which he made remarkably astringent remarks about Microsoft. Among his more colorful comments, the judge mused that Bill Gates had Napoleonic hubris and he likened the break-up of Microsoft to swatting a recalcitrant mule with a two-by-four. Among his more potentially prejudicial remarks were his speculation to reporters— before his order splitting Microsoft—that ‘a break-up is inevitable” and his post-trial comments disparaging the credibility of trial witnesses.


Court Review: Volume 38, Issue 2 - The President's Column, Bonnie Sudderth Jul 2001

Court Review: Volume 38, Issue 2 - The President's Column, Bonnie Sudderth

Court Review: The Journal of the American Judges Association

Every day, all across the United States, Canada, and Mexico, judges go about the business of dispensing justice. But absolute justice, like any other ideal, can never be fully realized, because its achievement would require human infallability. Nevertheless, while it may never be fully realized on this earth, the quest for justice is an endeavor of the noblest order. For judges in courts of law and equity, it is the ultimate endeavor of our profession. It is upon that endeavor that our system of justice is premised, and without which our system of justice would fail.


Court Review: Volume 38, Issue 1 - Editor's Note Apr 2001

Court Review: Volume 38, Issue 1 - Editor's Note

Court Review: The Journal of the American Judges Association

Reactions to the lead article in this issue may vary greatly. Some will find its conclusions surprising, while others will simply find new labels for concepts they already understand. Nancy Perry Lubiani and Patricia H. Murrell apply the concepts of emotional intelligence to judges, including suggestive evidence that judges who are rated best in bar association surveys are the ones who score highest in emotional intelligence. Another article follows up on our Spring 2000 special issue on therapeutic jurisprudence: David Wexler returns with some specific thoughts on how judges can promote offender rehabilitation.


Court Review: Volume 38, Issue 1 - Complete Issue Apr 2001

Court Review: Volume 38, Issue 1 - Complete Issue

Court Review: The Journal of the American Judges Association

No abstract provided.


Court Review: Volume 38, Issue 1 - Cover Apr 2001

Court Review: Volume 38, Issue 1 - Cover

Court Review: The Journal of the American Judges Association

No abstract provided.


Court Review: Volume 38, Issue 1 - Table Of Contents Apr 2001

Court Review: Volume 38, Issue 1 - Table Of Contents

Court Review: The Journal of the American Judges Association

No abstract provided.


Court Review: Volume 38, Issue 1 - Chief Justice John Marshall: Soldier Of The Revolution, Stephen J. Mcewen Jr. Apr 2001

Court Review: Volume 38, Issue 1 - Chief Justice John Marshall: Soldier Of The Revolution, Stephen J. Mcewen Jr.

Court Review: The Journal of the American Judges Association

John Marshall was an individual of many gifts, versatility, character, and accomplishment. A superb advocate, he served his country as an American Commissioner in Paris, Congressman, Secretary of War, and Secretary of State. Thus, the life of John Marshall goes beyond epochal, while the legend of Chief Justice John Marshall is ageless. All of which has obscured John Marshall the Soldier.
By the time that a full decade of British oppression had escalated to the April 1775 battles at Lexington and Concord, and had inspired the bold, stirring declamation of Patrick Henry to “Give me liberty, or give me death,” …


Court Review: Volume 38, Issue 1 - Coming To A Court Near You: An Unlicensed Immigrant Driver, Mary A. Celeste Apr 2001

Court Review: Volume 38, Issue 1 - Coming To A Court Near You: An Unlicensed Immigrant Driver, Mary A. Celeste

Court Review: The Journal of the American Judges Association

There are currently as many as 13 million illegal immigrants in the United States; 5 million are illegal Mexican immigrants, with 46,000 living in my home state of Colorado. There is a push by the Mexican government at both the state and federal levels to change the legal status of those immigrants. President Vicente Fox of Mexico recently added the issue of permitting undocumented migrants to apply for a driver’s license to his agenda for a meeting with governors from the United States. On the federal level, President Bush is now weighing plans to grant legal residency to Mexican illegal …


Court Review: Volume 38, Issue 1 - Courting Justice With The Heart: Emotional Intelligence In The Courtroom, Nancy Perry Lubiani, Patricia H. Murrell Apr 2001

Court Review: Volume 38, Issue 1 - Courting Justice With The Heart: Emotional Intelligence In The Courtroom, Nancy Perry Lubiani, Patricia H. Murrell

Court Review: The Journal of the American Judges Association

American culture certainly has a word for sadness. In fact, we have several words, depression, dejection, sorrow, melancholy, despondency, and even a few colloquial phrases: “the blues,” “down in the dumps.” Sadness is probably one of the mildest emotions that judges see in their courtroom. On any given day they might also see anger, frustration, fear, impatience, apathy, boredom, awe, respect, intimidation, perhaps even some of the more welcome emotions, such as happiness, relief, or even joy, and that is just when the judge is on the bench. The list could go on and on. Other aspects of judicial work …


Court Review: Volume 38, Issue 1 - Robes And Rehabilitation: How Judges Can Help Offenders “Make Good”, David B. Wexler Apr 2001

Court Review: Volume 38, Issue 1 - Robes And Rehabilitation: How Judges Can Help Offenders “Make Good”, David B. Wexler

Court Review: The Journal of the American Judges Association

Problem-solving courts—such as drug treatment courts, mental health courts, and domestic violence courts—may be the most obvious examples of “therapeutic jurisprudence in action,” but it is crucial to recognize the potential application of therapeutic jurisprudence generally—in civil cases, appellate cases, family law cases, and, of course, in criminal and juvenile cases. The importance of the therapeutic jurisprudence perspective beyond the specialized problem-solving court context was underscored by a “vision statement” recently agreed to by the District Court for Clark County, Washington.


Court Review: Volume 38, Issue 1 - President's Column, Chris Williams Apr 2001

Court Review: Volume 38, Issue 1 - President's Column, Chris Williams

Court Review: The Journal of the American Judges Association

To further this objective, COSCA’s Policy and Liaison Committee appointed Dr. Hugh Collins of Louisiana as liaison to the AJA. It is my hope that we continue this connection with other associations and that we continue our liaison, through our president and president-elect, not only to CCJ and COSCA, but also to the State Justice Institute, the National Association of State Judicial Educators (NASJE), the National Association for Court Management (NACM), the National Conference of Court Public Information Officers, the National College of Probate Judges, the National Conference of Metropolitan Courts, the National Court Reporters Association, the National Association of …


Court Review: Volume 38, Issue 1 - Letters Apr 2001

Court Review: Volume 38, Issue 1 - Letters

Court Review: The Journal of the American Judges Association

No abstract provided.


Court Review: Volume 38, Issue 1 - The Resource Page Apr 2001

Court Review: Volume 38, Issue 1 - The Resource Page

Court Review: The Journal of the American Judges Association

No abstract provided.


Roscoe Pound And American Sociology: A Study In Archival Frame Analysis, Sociobiography And Sociological Jurisprudence, Michael R. Hill Jan 1989

Roscoe Pound And American Sociology: A Study In Archival Frame Analysis, Sociobiography And Sociological Jurisprudence, Michael R. Hill

Department of Sociology: Dissertations, Theses, and Student Research

Roscoe Pound (1870-1964) was a noted botanist, jurist, and sociologist who founded the American school of sociological jurisprudence. Pound's sociological ideas originated at the University of Nebraska. Pound developed numerous ties to other sociologists, joined the American Sociological Society, and published in the American Journal of Sociology. Pound's modern erasure from sociological chronicles is attributed in part to hegemonic processes. The collection of archival data for this study in the history of sociology is generalized (by extending Erving Goffman's metatheory of meaning) as "archival frame analysis." Pound's intellectual milieu is analyzed using Mary Jo Deegan's theory of "core codes" …