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Articles 31 - 60 of 286
Full-Text Articles in Law
Court Review: Volume 44, Issue 1/2 – Adding Color To The White Paper: Time For A Robust Reciprocal Relationship Between Procedural Justice And Therapeutic Jurisprudence, David B. Wexler
Court Review: The Journal of the American Judges Association
Judges Kevin Burke and Steve Leben, in Procedural Fairness: A Key Ingredient in Public Satisfaction, have produced a most impressive White Paper. It is handy, brief, crisp, readable, and immensely practical.
The document draws on, and makes most accessible, the research on procedural justice, demonstrating convincingly the importance of judges understanding and implementing in their courtrooms concepts such as “voice” and “respect.” Judges Burke and Leben claim procedural justice to be “the” critical element in public trust and confidence regarding the court system. They note, too, the role procedural fairness likely plays in increased compliance with court orders and even …
Court Review: Volume 43, Issue 4 – Editor’S Note, Steve Leben
Court Review: Volume 43, Issue 4 – Editor’S Note, Steve Leben
Court Review: The Journal of the American Judges Association
Divorce cases were part of my docket when I began my judicial career. I was single then and had not had children. I quickly faced lots of situations well beyond my experience: a breast-feeding mother who wanted the father’s visitation limited to four hours in her presence each week, a parent who wanted t o move across the country with the child, or even a dispute about parent-child access in a “typical” divorce. In the absence of expert testimony, could I look anywhere for answers other than court decisions that may—or may not—have been based on sound research?
Court Review: Volume 43, Issue 4 – Mental Illness And The Courts: Some Reflections On Judges As Innovators, John Petrila, Allison Redlich
Court Review: Volume 43, Issue 4 – Mental Illness And The Courts: Some Reflections On Judges As Innovators, John Petrila, Allison Redlich
Court Review: The Journal of the American Judges Association
Issues raised by the influx of defendants with serious mental illnesses are some of the most important that criminal judges confront. Because of the volume of defendants with mental illnesses, the impact goes beyond that of the individual case and extends to jails, police and sheriff departments, the treatment system, and ultimately to the role of the judge. This article suggests some of the ways in which communities have attempted to respond to these issues, and highlights the fact that judges have become significant leaders as well as innovators in such efforts. Not every judge will decide to adopt one …
Court Review: Volume 44, Issue 1/2 – President’S Column, Eileen Olds
Court Review: Volume 44, Issue 1/2 – President’S Column, Eileen Olds
Court Review: The Journal of the American Judges Association
During this year as your AJA president, my appreciation and respect for the role that we play in our courtrooms has amplified. I have been afforded numerous opportunities to speak with other judges and various community and civic groups to gauge their concerns about our judicial system. Members of the judiciary and the community alike share a common concern for what is viewed as increasingly eroding societal values, as evidenced in courtrooms everywhere. Most conversations eventually evolve to discussions about prevention strategies. How did this happen? What needs to be done? I am convinced that, as judges, we must actively …
Court Review: Volume 44, Issue 3 – President’S Column, Tam Schumann
Court Review: Volume 44, Issue 3 – President’S Column, Tam Schumann
Court Review: The Journal of the American Judges Association
In every issue of Court Review, some new members of the American Judges Association are introduced to the AJA through this column. Others turn here for an update. As the AJA’s new president, my first column is a good time to look both backwards at recent activities and forward at the next year’s work.
The AJA today has more than 2,000 members, including judges at all levels of the judiciary—-trial and appellate judges, general-jurisdiction and limited-jurisdiction trial judges, and judges in both the United States and Canada. In fact, we have 150 Canadian members, something that greatly enriches the interchange …
Court Review: Volume 44, Issue 3 – When Should Judges Use Alcohol Monitoring As A Sentencing Option In Dwi Cases?, Victor E. Flango, Fred Cheesman
Court Review: Volume 44, Issue 3 – When Should Judges Use Alcohol Monitoring As A Sentencing Option In Dwi Cases?, Victor E. Flango, Fred Cheesman
Court Review: The Journal of the American Judges Association
Traditional sentencing sanctions have not been particularly effective against people caught driving while impaired (DWI) and less so against repeat offenders. Technology has provided judges with some new sentencing options, including various forms of electronic home monitoring. This article takes an initial step toward evaluating the effectiveness of alcohol monitoring as a sentencing option in DWI cases with the goal of eventually determining which types of offenders, if any, would benefit most from alcohol monitoring. The constant monitoring of alcohol consumption is thought to aid rehabilitation by providing a deterrent to drinking and a positive reinforcement to sobriety. It permits …
Court Review: Volume 44, Issue 3 – In Memory Of Charles H. Whitebread, Steve Leben
Court Review: Volume 44, Issue 3 – In Memory Of Charles H. Whitebread, Steve Leben
Court Review: The Journal of the American Judges Association
On September 16, 2008, the American Judges Association lost its best and most loyal friend. Law professor Charles H. Whitebread died that day of lung cancer at the age of 65.
Court Review: Volume 44, Issue 3 – Selected Criminal Law Cases In The Supreme Court’S 2007-2008 Term, And A Look Ahead, Charles D. Weisselberg
Court Review: Volume 44, Issue 3 – Selected Criminal Law Cases In The Supreme Court’S 2007-2008 Term, And A Look Ahead, Charles D. Weisselberg
Court Review: The Journal of the American Judges Association
The U.S. Supreme Court’s October 2007 Term had a substantial and notable criminal docket. There were very significant Second, Sixth, and Eighth Amendment decisions as well as important rulings relating to basic habeas corpus principles and federal statutes. This article provides a selected overview of the Term with a heavy emphasis on those cases that may have the greatest impact upon the states. The article also suggests some questions left open by the Court’s opinions and provides some preliminary indications of how several decisions are being received in state and federal courts. It concludes with a preview of some cases …
Court Review: Volume 44, Issue 3 – Complete Issue
Court Review: Volume 44, Issue 3 – Complete Issue
Court Review: The Journal of the American Judges Association
Table of Contents:
Charles H. Whitebread by Steve Leben
Selected Criminal Law Cases in the Supreme Court’s 2007-2008 Term, and a Look Ahead by Charles D. Weisselberg
When Should Judges Use Alcohol Monitoring as a Sentencing Option in DWI Cases? by Victor E. Flango and Fred Cheesman
Roadside Seizures of Medical Marijuana: Public Safety and Public Policy as Limitations upon Transporting and the Return of Lawfully Seized Medical Marijuana by Cameron Mostaghim
Editor’s Note
President’s Column
The Resource Page
Court Review: Volume 44, Issue 4 – Punitive Damages After Philip Morris Usa V. Williams, Benjamin C. Zipursky
Court Review: Volume 44, Issue 4 – Punitive Damages After Philip Morris Usa V. Williams, Benjamin C. Zipursky
Court Review: The Journal of the American Judges Association
For a single tort case in which liability is no longer contested, Philip Morris USA v. Williams proved remarkably difficult to bring to closure. Like many plaintiffs since the 1990s, Mayola Williams persuaded a jury that Philip Morris fraudulently concealed the addictive and carcinogenic aspects of its product from the public and thereby killed her husband. The jury awarded $821,000 in compensatory damages and $79.5 million in punitive damages. That is a nearly 100:1 ratio, far greater than the single-digit ratio designated by the Court as a presumptive limit only four years earlier in State Farm Mutual Automobile Insurance Company …
Court Review: Volume 44, Issue 4 – Cover
Court Review: Volume 44, Issue 4 – Cover
Court Review: The Journal of the American Judges Association
No abstract provided.
Nebraska Probation Revocation: A Primer (2007 Revision), Alan G. Gless
Nebraska Probation Revocation: A Primer (2007 Revision), Alan G. Gless
State of Nebraska Judicial Branch
The law of probation revocation developed rapidly over the eighteen years preceding this article’s 1989 appearance. While its development has slowed substantially since then, it continues to evolve. The overall field of Nebraska probation revocation remains essentially unchanged from the way it was in 1989 when this article first appeared. The case law has neither burgeoned dramatically nor altered the scenery in major ways, although, it has added a few refinements. But important procedural and substantive wrinkles have appeared through 2003 statutory amendments to the steps probation officers must take in responding to probationers’ violations of the conditions of their …
Court Review: Volume 44, Issue 1/2 – Table Of Contents
Court Review: Volume 44, Issue 1/2 – Table Of Contents
Court Review: The Journal of the American Judges Association
Table of Contents:
Procedural Fairness: A Key Ingredient in Public Satisfaction by Kevin Burke and Steve Leben
Procedural Justice and the Courts By Tom R. Tyler
Procedural Fairness as a Court Reform Agenda by David B. Rottman
Children and Procedural Justice by Victoria Weisz, Twila Wingrove, and April Faith-Slaker
Procedural Fairness in the California Courts by Douglas Denton
The Perceptions of Self-Represented Tenants in a Community-Based Housing Court by Rashida Abuwala and Donald J. Farole
Decision Makers and Decision Recipients: Understanding Disparities in the Meaning of Fairness by Diane Sivasubramaniam and Larry Heuer
Fair Procedures, Yes. But We Dare Not …
Court Review: Volume 44, Issue 1/2 – The Perceptions Of Self-Represented Tenants In A Community-Based Housing Court, Rashida Abuwala, Donald J. Farole
Court Review: Volume 44, Issue 1/2 – The Perceptions Of Self-Represented Tenants In A Community-Based Housing Court, Rashida Abuwala, Donald J. Farole
Court Review: The Journal of the American Judges Association
This study examines the impact of the Harlem Community Justice Center, a community-based housing court that attempts to achieve speedier and more durable outcomes in landlord-tenant disputes. However, it may be particularly beneficial to pro se litigants (i.e., those who represent themselves without an attorney). In New York City, most landlords are represented, while the vast majority of tenants are not. In fact, one report notes that only 12% of tenants are able to afford counsel while 98% of landlords are represented.
The primary objective of this study was to examine the experiences of pro se tenants whose cases are …
Court Review: Volume 43, Issue 4 – President’S Column, Eileen Olds
Court Review: Volume 43, Issue 4 – President’S Column, Eileen Olds
Court Review: The Journal of the American Judges Association
I can hardly believe that I am halfway through my term as your president. Time really does fly when you’re having fun! Fun I have had, but more importantly, I have had the opportunity to represent this prestigious, premier organization of judges in many different venues. As an organization, we are addressing critical issues facing our judiciary. With our initiatives, such as our “Tell It to the Judge” project, we are also examining those issues relevant to the public that we serve. Through it all, I have been proud to witness the stature that AJA enjoys all over the country.
Court Review: Volume 44, Issue 4 – Resource Page
Court Review: Volume 44, Issue 4 – Resource Page
Court Review: The Journal of the American Judges Association
Websites of Interest
New books
Court Review: Volume 44, Issue 4 – From Investigation To Implementation: Factors For Successful Commissions On The Elimination Of Racial And Ethnic Bias, Elizabeth Neeley
Court Review: Volume 44, Issue 4 – From Investigation To Implementation: Factors For Successful Commissions On The Elimination Of Racial And Ethnic Bias, Elizabeth Neeley
Court Review: The Journal of the American Judges Association
In the 1980s, states began to study racial and ethnic bias in their judicial systems. Now that more than 25 states, along with scores of academics, have examined issues of racial fairness in the courts, models and strategies exist for effectively conducting these investigations. The National Center for State Courts, in conjunction with the National Consortium on Racial and Ethnic Bias in the Courts, developed a best practices model for establishing and operating a task force or commission on racial and ethnic bias in the courts. The publication provides guidance on: creating the necessary momentum for establishing a task force …
Court Review: Volume 44, Issue 1/2 – Procedural Fairness As A Court Reform Agenda, David B. Rottman
Court Review: Volume 44, Issue 1/2 – Procedural Fairness As A Court Reform Agenda, David B. Rottman
Court Review: The Journal of the American Judges Association
This essay reflects on the ways in which procedural fairness can provide the direction for a revived court reform agenda. All previous eras of court reform were guided by a theory drawn either from academia or the field of management. Procedural fairness, in my view, is the organizing theory for which 21st-century court reform has been waiting.
Past eras of court reform accomplished a great deal. In 1950, there were 826 trial courts in California. Today, 58 trial courts—one per county—hear all manners of cases. Management theories drawn from the business field provided the blueprint for court reform by (a) …
Court Review: Volume 44, Issue 1/2 – Procedural Justice And The Courts, Tom R. Tyler
Court Review: Volume 44, Issue 1/2 – Procedural Justice And The Courts, Tom R. Tyler
Court Review: The Journal of the American Judges Association
People come to the courts about a wide variety of problems and disputes. Although this has always been the case, in recent years the court system has become the branch of government in which people deal with an ever broader variety of issues and concerns. And the people who bring their problems to court have themselves become increasingly diverse in terms of their ethnic and social backgrounds. In addition, more and more of these people choose to represent themselves, rather than acting through lawyers. Finally, these changes are occurring in an environment in which people have generally lower levels of …
Court Review: Volume 44, Issue 1/2 – The Resource Page
Court Review: Volume 44, Issue 1/2 – The Resource Page
Court Review: The Journal of the American Judges Association
Websites
Court Review: Volume 44, Issue 1/2 – Decision Makers And Decision Recipients: Understanding Disparities In The Meaning Of Fairness, Diane Sivasubramaniam, Larry Heuer
Court Review: Volume 44, Issue 1/2 – Decision Makers And Decision Recipients: Understanding Disparities In The Meaning Of Fairness, Diane Sivasubramaniam, Larry Heuer
Court Review: The Journal of the American Judges Association
Since World War II, psychologists have devoted considerable attention to understanding the factors that shape people’s satisfaction with the outcomes of social or economic exchanges—outcomes of events not unlike the encounters occurring between judges and litigants in civil and criminal courtrooms, encounters between police officers and civilians, or encounters between mediators and disputants in alternative dispute resolution centers throughout the United States every day. In one classic early study, it came as somewhat of a surprise when it was discovered that satisfaction was not easily explained by economic theories of human behavior. This finding launched an inquiry guided by theories …
Court Review: Volume 44, Issue 1/2 – Editor’S Note, Alan J. Tomkins
Court Review: Volume 44, Issue 1/2 – Editor’S Note, Alan J. Tomkins
Court Review: The Journal of the American Judges Association
This special issue of Court Review focuses on procedural justice. Tom Tyler has called procedural justice the most powerful explanatory concept for why people obey rules that restrict their behavior in ways they would otherwise find unacceptable. David Rottman has written “having a sense that court decisions are made through processes that are fair is the strongest predictor by far of whether members of the public approve of or have confidence” in courts. Procedural justice is worthy of a deep look, and this issue of Court Review does precisely that—it presents papers from some of the nation’s leading scholars who …
Court Review: Volume 44, Issue 1/2 – Procedural Fairness In The California Courts, Douglas Denton
Court Review: Volume 44, Issue 1/2 – Procedural Fairness In The California Courts, Douglas Denton
Court Review: The Journal of the American Judges Association
In 2005, California’s judicial branch embarked on a two-part assessment to determine current levels of trust-and-confidence in the state courts and to obtain information concerning expectations and performance of the state courts. The findings were revealing—they highlighted good news for the courts and identified considerable challenges. The trust-and-confidence study not only informed the subsequent strategic and operational planning processes, it also spurred a large-scale initiative focused on one particularly compelling aspect of the public-trust-and-confidence assessment: the significant and important role that perceptions of procedural fairness play in determining court users’ trust and confidence in the California courts.
Court Review: Volume 44, Issue 1/2 – Procedural Fairness: A Key Ingredient In Public Satisfaction, Kevin Burke, Steve Leben
Court Review: Volume 44, Issue 1/2 – Procedural Fairness: A Key Ingredient In Public Satisfaction, Kevin Burke, Steve Leben
Court Review: The Journal of the American Judges Association
Americans are highly sensitive to the processes of procedural fairness. It is no surprise, then, that the perception of unfair or unequal treatment “is the single most important source of popular dissatisfaction with the American legal system.” Even first-graders react negatively to a situation where a mother punishes her child for a broken vase without consulting a witness first. This negative reaction signifies powerfully that children are already sensitive to the principles of procedural fairness. If children in early elementary school already react negatively to perceived violations of procedural fairness, it is only that much more imperative to address the …
Court Review: Volume 44, Issue 1/2 – Cover
Court Review: Volume 44, Issue 1/2 – Cover
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 44, Issue 1/2 – Fair Procedures, Yes. But We Dare Not Lose Sight Of Fair Outcomes, Brian H. Bornstein, Hannah Dietrich
Court Review: Volume 44, Issue 1/2 – Fair Procedures, Yes. But We Dare Not Lose Sight Of Fair Outcomes, Brian H. Bornstein, Hannah Dietrich
Court Review: The Journal of the American Judges Association
Burke and Leben’s White Paper on procedural justice and what judges can do to enhance it in the courtroom is an important work for several reasons, two of which especially stand out. First, their paper illustrates how effectively laboratory-based social-science research (often referred to as basic research) and more naturalistic studies performed in real world contexts (often referred to as applied research) can be combined in addressing public policy matters. Second, it contains practical, feasible, and specific recommendations for improving courtroom practice based on that research. We believe that much goodwill come from Burke and Leben’s calling judges’ attention to …
Court Review: Volume 43, Issue 4 – Breaking News: Miller Is Distinguishable From Branzburg, Levon Schlichter
Court Review: Volume 43, Issue 4 – Breaking News: Miller Is Distinguishable From Branzburg, Levon Schlichter
Court Review: The Journal of the American Judges Association
Amidst a fog of political divisiveness, Judith Miller found herself in the untenable situation of having to breach the journalists’ code of ethics, as well as her own personal promise of confidentiality, or go to jail. According to the government, she had obtained illegally disclosed information from a high-ranking member of President George W. Bush’s administration. Eventually, a grand jury issued Miller a subpoena that directed her to breach her promise of confidentiality by revealing the identity of her source. Miller claimed that she had a First Amendment right to withhold her confidential information from the grand jury. The court …
Court Review: Volume 44, Issue 1/2 – Complete Issue
Court Review: Volume 44, Issue 1/2 – Complete Issue
Court Review: The Journal of the American Judges Association
Table of Contents:
Procedural Fairness: A Key Ingredient in Public Satisfaction by Kevin Burke and Steve Leben
Procedural Justice and the Courts By Tom R. Tyler
Procedural Fairness as a Court Reform Agenda by David B. Rottman
Children and Procedural Justice by Victoria Weisz, Twila Wingrove, and April Faith-Slaker
Procedural Fairness in the California Courts by Douglas Denton
The Perceptions of Self-Represented Tenants in a Community-Based Housing Court by Rashida Abuwala and Donald J. Farole
Decision Makers and Decision Recipients: Understanding Disparities in the Meaning of Fairness by Diane Sivasubramaniam and Larry Heuer
Fair Procedures, Yes. But We Dare Not …
Court Review: Volume 43, Issue 4 – The Resource Page
Court Review: Volume 43, Issue 4 – The Resource Page
Court Review: The Journal of the American Judges Association
NCSC/NHTSA Website on Handling DWI Cases
www.courtsanddwi.org
Court Review: Volume 43, Issue 4 – A Judges’ Guide To Using Social Science, John Monahan, Laurens Walker
Court Review: Volume 43, Issue 4 – A Judges’ Guide To Using Social Science, John Monahan, Laurens Walker
Court Review: The Journal of the American Judges Association
Since the first glimmerings of legal realism early in this century, American courts have been remarkably open to using social science research when that research could help resolve empirical issues that arise in litigation. Increasingly in recent decades, courts have sought out research data on their own when the parties have failed to provide them. Social scientists, for their part, are investigating questions of judicial interest at an accelerating pace. In this article, we examine the three principal uses that courts have found for social science research. For each use, we review early and current approaches to dealing with social …