Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- U.S. Supreme Court (35)
- Judges (22)
- Federal courts (16)
- Jurisdiction (15)
- Judicial review (14)
-
- Courts (12)
- Judicial appointments (12)
- U.S. Supreme Court justices (12)
- United States Supreme Court (12)
- Constitutional law (10)
- Judicial independence (10)
- Criminal procedure (8)
- Justices (8)
- 7th Circuit Court of Appeals (7)
- Bankruptcy cases (7)
- Bankruptcy decisions (7)
- Civil procedure (7)
- Separation of powers (6)
- Statutory interpretation (6)
- Supreme Court (6)
- Court procedure (5)
- Gerrymandering (5)
- Judicial accountability (5)
- Judicial elections (5)
- State courts (5)
- Court rules (4)
- Criminal justice (4)
- Federal judges (4)
- Federal jurisdiction (4)
- Indiana University School of Law (4)
- Publication Year
Articles 1 - 30 of 267
Full-Text Articles in Law
Indiana Supreme Court Chief Justice Commends Work Of Iu Faculty During Annual State Of The Judiciary, James Owsley Boyd
Indiana Supreme Court Chief Justice Commends Work Of Iu Faculty During Annual State Of The Judiciary, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
No abstract provided.
Accessing Justice With Zoom: Experiences And Outcomes In Online Civil Courts, Victor D. Quintanilla, Kurt Hugenberg, Ryan Hutchings, Nedim Yel
Accessing Justice With Zoom: Experiences And Outcomes In Online Civil Courts, Victor D. Quintanilla, Kurt Hugenberg, Ryan Hutchings, Nedim Yel
Articles by Maurer Faculty
The global COVID-19 pandemic brought significant change to our civil justice system, particularly in the rapid shift from in-person to remote court proceedings. Courts across the country, facing the unprecedented challenge of a global health emergency, embraced rapid innovation and the adoption of remote proceeding platforms, such as Zoom and Webex. State courts did so across case types, including within high-volume civil dockets containing evictions, debt collections, small claims, and family law cases, where millions of self-represented and unrepresented litigants encounter the U.S. civil justice system each year. Amid the pandemic, voices converged to encourage these justice innovations, including the …
U.S. Senate Confirms Judge Doris Pryor ’03 To Seventh Circuit, James Owsley Boyd
U.S. Senate Confirms Judge Doris Pryor ’03 To Seventh Circuit, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
The United States Senate on Monday (Dec. 5) confirmed an Indiana University Maurer School of Law alumna to the U.S. Court of Appeals for the Seventh Circuit.
The confirmation of the Hon. Doris L. Pryor, who earned her law degree from the Law School in 2003, was historic.
Alumna Doris Pryor, ’03, Nominated To Seventh Circuit, James Owsley Boyd
Alumna Doris Pryor, ’03, Nominated To Seventh Circuit, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
President Joe Biden announced three judicial nominees on May 25, including the Hon. Doris L. Pryor—a 2003 graduate of the Maurer School of Law—to the U.S. Court of Appeals for the Seventh Circuit.
Maurer School Of Law To Host Court Of Appeals Argument, James Owsley Boyd
Maurer School Of Law To Host Court Of Appeals Argument, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
No abstract provided.
Population-Based Sentencing, Jessica M. Eaglin
Population-Based Sentencing, Jessica M. Eaglin
Articles by Maurer Faculty
The institutionalization of actuarial risk assessments at sentencing reflects the extension of the academic and policy-driven push to move judges away from sentencing individual defendants and toward basing sentencing on population level representations of crimes and offenses. How have courts responded to this trend? Drawing on the federal sentencing guidelines jurisprudence and the emerging procedural jurisprudence around actuarial risk assessments at sentencing, this Article identifies two techniques. First, the courts have expanded individual procedural rights into sentencing where they once did not apply. Second, the courts have created procedural rules that preserve the space for judges to pass moral judgment …
Le Role Politique De La Cour Supreme, Toujours Recommence, Elisabeth Zoller
Le Role Politique De La Cour Supreme, Toujours Recommence, Elisabeth Zoller
Articles by Maurer Faculty
No abstract provided.
Judicial Independence: Tweak The Guiding Paradigm, Charles G. Geyh
Judicial Independence: Tweak The Guiding Paradigm, Charles G. Geyh
Articles by Maurer Faculty
Over time, the public has simply ceased to believe judges when say that they follow the law, and nothing but. If judges impose their ideological policy preferences, the argument goes, why should they be independent from political controls, when other policymakers are not? We have reached the point where, when judges seek to defend the customs and conventions that have guarded against incursions upon their independence by arguing that “we are all about the law and nothing else,” the public response has increasingly become, “No, no, no, your nose is growing.”
Circumventing Standing To Appeal, Ryan W. Scott
Circumventing Standing To Appeal, Ryan W. Scott
Articles by Maurer Faculty
The requirement of standing to sue in federal court is familiar, but the related requirement of standing to appeal within the Article III judiciary is badly undertheorized. The Supreme Court’s opinions suggest (at least) four constitutional rationales. Standing to appeal might serve the same functional purposes as standing to sue, or it might follow from the fact that appeals involve two separate courts, or it might be triggered because the underlying case or controversy has become moot, or because it has reached the point of final judgment.
Compounding the confusion, the requirement of standing to appeal can have troubling consequences …
Fines, Fees, And Filing Bankruptcy, Pamela Foohey
Fines, Fees, And Filing Bankruptcy, Pamela Foohey
Articles by Maurer Faculty
When faced with mounting civil or criminal court fines, fees, and interest-"court debt," as broadly defined-people may consider turning to the bankruptcy system to deal with that debt. Every year, about a million people file bankruptcy, seeking to discharge most of their debts. Although most court debt is categorically nondischargeable, bankruptcy's discharge may provide people struggling with court debt a way to wipe the slate somewhat clean so they have a better chance of paying such debt. Also, people who file bankruptcy under chapter 13--one of the two most common chapters filed by consumers are entitled to a so-called "superdischarge" …
The Categorical Imperative As A Decarceral Agenda, Jessica M. Eaglin
The Categorical Imperative As A Decarceral Agenda, Jessica M. Eaglin
Articles by Maurer Faculty
In his forthcoming book, The Insidious Momentum of Mass Incarceration, Frank Zimring proposes two alternative methods to decarcerate: states can adopt a categorical imperative to reduce prison populations or states can reform the governance of sentencing. This symposium Essay focuses on the first of these options, as proposed in his tentative Chapter Six, wherein Zimring calls for categorically removing drug-addicted offenders from eligibility for prison sanctions and expanding use of jails for categories of offenses or offenders.
These methods, I suggest, exist in tension with numerous popular sentencing reforms being implemented in the states right now. Popular reforms, including the …
Dean's Desk: Students Find Clerkships In Smaller Counties Rewarding, Austen L. Parrish
Dean's Desk: Students Find Clerkships In Smaller Counties Rewarding, Austen L. Parrish
Austen Parrish (2014-2022)
The students at the Indiana University Maurer School of Law come to Bloomington from all over the nation. During their summers, the temptation is for them to work in the country’s largest cities, often with the majority working in Indianapolis, Chicago, Washington, D.C., and New York. Many others work in our innovative Stewart Fellows global internship program, where students are placed in countries throughout the world.
Fewer students, however, choose to work in Indiana’s smaller towns, and the hundreds of trial court judges working there often need help. Many trial courts have crowded dockets and limited staffing, particularly those in …
Commencement Calls For Review Of Annual Milestones, Austen L. Parrish
Commencement Calls For Review Of Annual Milestones, Austen L. Parrish
Austen Parrish (2014-2022)
This weekend is a time of celebration in Bloomington, as we welcome friends and family of the Class of 2019 for our annual commencement ceremony. It’s an important milestone in our students’ lives. Commencement is also a time for looking back. The past year saw several significant milestones for the IU Maurer School of Law. I’d like to touch on just a few of them in this month’s column.
New Services For Families In The Dc Superior Court, Amy Applegate, Jeannie M. Adams, Connie J. Beck, Amy Holtzworth-Munroe, Fernanda S. Rossi
New Services For Families In The Dc Superior Court, Amy Applegate, Jeannie M. Adams, Connie J. Beck, Amy Holtzworth-Munroe, Fernanda S. Rossi
Articles by Maurer Faculty
Until recently, because of concerns about safety and parties’ abilities to make good decisions in cases with a history of high intimate partner violence or abuse (IPV/A), in the District of Columbia’s Superior Court such cases were screened out of mediation and sent back to the family court. But two big program additions — videoconferencing and shuttle mediation — have allowed parties in these cases to consider mediation. The Multi-Door Dispute Resolution Division of the DC Superior Court (Multi-Door) implemented this change after several years of preparation: its administrators added safety measures, provided in-depth training for staff and mediators, and …
Court Personnel Attitudes Towards Medication-Assisted Treatment: A Statewide Survey, Barbara Andraka-Christou, Meghan Gabriel, Jody L. Madeira, Rod D. Silverman
Court Personnel Attitudes Towards Medication-Assisted Treatment: A Statewide Survey, Barbara Andraka-Christou, Meghan Gabriel, Jody L. Madeira, Rod D. Silverman
Articles by Maurer Faculty
Background: Despite its efficacy, medication-assisted treatment (MAT) is rarely available in the criminal justice system in the United States, including in problem-solving courts or diversionary settings. Previous studies have demonstrated criminal justice administrators' hostility towards MAT, especially in prisons and jails. Yet, few studies have examined attitudes among court personnel or compared beliefs among different types of personnel. Also, few studies have explored the relationship between MAT education/training and attitudes. Finally, few studies have directly compared attitudes towards methadone, oral buprenorphine, and extended-release naltrexone in the criminal justice system.
Methods: We modified a survey by Matusow et al. (2013) to …
Increasing Transparency In The Us Tax Court, Leandra Lederman
Increasing Transparency In The Us Tax Court, Leandra Lederman
Articles by Maurer Faculty
Transparency is a widely accepted judicial norm because it increases accountability. Access to U.S. Tax Court documents has long differed from access to the documents of other courts. For example, the Tax Court does not participate in PACER (Public Access to Court Electronic Records). This essay discusses some of the ways in which access to Tax Court documents has been restricted; areas in which the Tax Court has increased transparency over the years; upcoming changes; and where increased transparency is still needed, such as with respect to case statistics.
Taking Judicial Legitimacy Seriously, Luis Fuentes-Rohwer
Taking Judicial Legitimacy Seriously, Luis Fuentes-Rohwer
Articles by Maurer Faculty
No abstract provided.
Unequal Opportunities: Education Pathways To The U.S. Judiciary, Alfred C. Aman
Unequal Opportunities: Education Pathways To The U.S. Judiciary, Alfred C. Aman
Articles by Maurer Faculty
This paper is about diversity in federal and state courts in the United States. My main argument is that we should promote a judiciary that is reflective of the society of which it is a part for three reasons: first, because in doing so, we gain critical awareness of barriers to judicial service; second, because in doing so, we are also promoting access to resources, education and opportunities in the legal profession; and third, because it is possible (although not automatic) that a reflective judiciary will broaden the range of experience and perspective on the matters involved in the cases …
Cross-Sectional Challenges: Gender, Race, And Six-Person Juries, Jeannine Bell, Mona Lynch
Cross-Sectional Challenges: Gender, Race, And Six-Person Juries, Jeannine Bell, Mona Lynch
Articles by Maurer Faculty
After two grand juries failed to indict the police officers that killed Michael Brown and Eric Garner in 2014, our nation has engaged in polarizing discussions about how juries reach their decision. The very legitimacy of our justice system has come into question. Increasingly, deep concerns have been raised concerning the role of race and gender in jury decision-making in such controversial cases. Tracing the roots of juror decision-making is especially complicated when jurors’ race and gender are factored in as considerations. This Article relies on social science research to explore the many cross-sectional challenges involved in the jurors’ decision …
Salman V. United States: Insider Trading's Tipping Point?, Donna M. Nagy
Salman V. United States: Insider Trading's Tipping Point?, Donna M. Nagy
Articles by Maurer Faculty
No abstract provided.
Practical Tips For Interpreting Statutory Overrides, Deborah A. Widiss
Practical Tips For Interpreting Statutory Overrides, Deborah A. Widiss
Articles by Maurer Faculty
No abstract provided.
Review Of Covering The United States Supreme Court In The Digital Age, Susan David Demaine
Review Of Covering The United States Supreme Court In The Digital Age, Susan David Demaine
Articles by Maurer Faculty
No abstract provided.
Still Kickin’ After All These Years: Sutton And Toyota As Shadow Precedents, Deborah A. Widiss
Still Kickin’ After All These Years: Sutton And Toyota As Shadow Precedents, Deborah A. Widiss
Articles by Maurer Faculty
Congress’s ability to override judicial opinions that interpret statutes is generally understood as an important aspect of maintaining legislative supremacy. In a series of articles, I have challenged the validity of this assumption by showing that courts often continue to rely on overridden precedents—what I have called shadow precedents. My earlier work explores instances in which it was unclear or debatable whether the override or the prior precedent should control. This article further documents such ambiguities, but its primary objective is to highlight examples of ongoing reliance on shadow precedents where it is unquestionably improper. It suggests, however, that citation …
When The Bough Breaks: The U.S. Tax Court's Branch Difficulties, Leandra Lederman
When The Bough Breaks: The U.S. Tax Court's Branch Difficulties, Leandra Lederman
Articles by Maurer Faculty
This essay highlights the confusion over which of the three branches of government (if any) is home to the U.S. Tax Court, which hears over 95% of litigated federal tax cases. This uncertainty recently resulted in a separation of powers challenge to the Tax Court. There is a pressing need for the Tax Court’s status to be resolved, to decrease its insularity and increase transparency and accountability.
Reynolds Reconsidered, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
Reynolds Reconsidered, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
Articles by Maurer Faculty
No abstract provided.
Restructuring The U.S. Tax Court: A Reply To Stephanie Hoffer And Christopher Walker's The Death Of Tax Court Exceptionalism, Leandra Lederman
Restructuring The U.S. Tax Court: A Reply To Stephanie Hoffer And Christopher Walker's The Death Of Tax Court Exceptionalism, Leandra Lederman
Articles by Maurer Faculty
This article is an invited reply to an article in the Minnesota Law Review regarding whether the “reviewing court” provisions of the Administrative Procedure Act (APA) apply to the U.S. Tax Court, the principal court hearing disputes between taxpayers and the IRS. (The Tax Court has repeatedly said that the APA does not apply to it). It argues in part that the question of whether the Tax Court must apply the APA’s standard and scope of review when reviewing IRS action is not as clear as a matter of history and doctrine as Professors Hoffer and Walker argue. The author …
(Un)Appealing Deference To The Tax Court, Leandra Lederman
(Un)Appealing Deference To The Tax Court, Leandra Lederman
Articles by Maurer Faculty
The U.S. Tax Court (Tax Court), which hears the vast majority of litigated federal tax cases, occupies an unusual place in the federal government. It is a federal court located outside of the judicial branch, but its decisions are appealable to the federal courts of appeals. This odd structure, coupled with the court's history as an independent agency in the executive branch, can give rise to important questions, such as the standard of review that should apply to its decisions. In particular, should the courts of appeals treat Tax Court decisions the same as those of district courts in tax …
Identifying Congressional Overrides Should Not Be This Hard, Deborah Widiss
Identifying Congressional Overrides Should Not Be This Hard, Deborah Widiss
Articles by Maurer Faculty
This paper is an invited response to Professor William N. Eskridge, Jr., and Mr. Matthew R. Christiansen’s recently-published study (92 Texas L. Rev. 1317 (2014)) identifying and analyzing Congressional overrides of Supreme Court statutory interpretation decisions since 1967. Christiansen and Eskridge provide a new taxonomy for overrides that distinguishes between "restorative" overrides, which denounce a judicial interpretation as misrepresenting prior Congressional intent, and overrides that simply update or clarify policy. Although political science and legal scholarship has focused on the interbranch struggle implicit in restorative overrides, Christiansen and Eskridge classify only about 20% of the overrides in their total dataset …
Tribute To Randall Shepard, Kevin D. Brown
Tribute To Randall Shepard, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Book Review. Epstein, L., Et. Al., The Behavior Of Federal Judges: A Theoretical And Empirical Study Of Rational Choice, Ashley A. Ahlbrand
Book Review. Epstein, L., Et. Al., The Behavior Of Federal Judges: A Theoretical And Empirical Study Of Rational Choice, Ashley A. Ahlbrand
Articles by Maurer Faculty
No abstract provided.