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Court Review: Volume 41, Issue 3-4 - The Resource Page: Focus On Judicial Campaign-Conduct Rules
Court Review: Volume 41, Issue 3-4 - The Resource Page: Focus On Judicial Campaign-Conduct Rules
Court Review: The Journal of the American Judges Association
Editor’s Note: There are about 8,500 state general-jurisdiction trial-court judges in the United States; of those, 77% stand for some sort of contestable election and 87% stand for some form of election. There are about 1,250 state appellate judges in the United States; of those, 53% stand for some sort of contestable election and 87% stand for some form of election. (See Court Review, Summer 2004, at 21.) In addition, there are thousands of additional, limited-jurisdiction judges also subject to election. Thus, the rules governing election-campaign conduct by judges are of great significance. In 2002, in Republican Party of Minnesota …
Court Review: Volume 43, Issue 1 - Cover
Court Review: Volume 43, Issue 1 - Cover
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 43, Issue 1 - Table Of Contents
Court Review: Volume 43, Issue 1 - Table Of Contents
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 43, Issue 1 - President's Column, Steve Leben
Court Review: Volume 43, Issue 1 - President's Column, Steve Leben
Court Review: The Journal of the American Judges Association
The American Judges Association is the Voice of the Judiciary.® So says the United States Patent and Trademark Office, which accepted the AJA’s registration of this service mark on the principal register for patents and trademarks on March 27, 2007. This column will seek to answer two questions: What does this mean? And how did it come about?
Court Review: Volume 43, Issue - Editor's Note
Court Review: Volume 43, Issue - Editor's Note
Court Review: The Journal of the American Judges Association
I’m pleased to announce some long-term changes that I believe will greatly improve Court Review. Alan Tomkins, a law and psychology professor with experience in editing a similar journal, has agreed to join me as coeditor. As you’ll see from a greater description of his background, he brings a great number of valuable contacts throughout both the academic world and the judiciary.
Evaluating Court Processes For Determining Indigency, Elizabeth Neeley, Alan J. Tomkins
Evaluating Court Processes For Determining Indigency, Elizabeth Neeley, Alan J. Tomkins
Court Review: The Journal of the American Judges Association
The Sixth Amendment to the Constitution guarantees all people accused of a crime the right to legal counsel. In the landmark 1963 decision Gideon v. Wainright, 1 the United States Supreme Court affirmed the right of indigent defendants to have counsel provided. But Gideon did not end the Supreme Court’s discussion of the circumstances in which the state is required to provide defendants with an attorney when they claim not to have the means to pay for one. 2 Nor did it end the states’ examination of the requirement of any legal assistance paid for by taxpayers. 3 Moreover, …
Grounding Frequent Filers: The Trend Of Revoking The Special Status Of Overly Litigious Pro Se Litigants, Michael G. Langan
Grounding Frequent Filers: The Trend Of Revoking The Special Status Of Overly Litigious Pro Se Litigants, Michael G. Langan
Court Review: The Journal of the American Judges Association
Since the early 1990s, federal courts in the Second and Third Circuits have, with increasing frequency, revoked the special status of pro se civil litigants who have been overly litigious. This article discusses the reasons for this trend’s appearance in the Second and Third Circuits, the rationales for the trend, the fairness of the trend, and some practical advice for courts and practitioners wrestling with the issue of whether or not the special status of a particularly litigious pro se litigant should be revoked.
Recent Criminal Decisions Of The United States Supreme Court: The 2005-2006 Term, Charles Whitebread
Recent Criminal Decisions Of The United States Supreme Court: The 2005-2006 Term, Charles Whitebread
Court Review: The Journal of the American Judges Association
In this term, as in the previous one, the United States Supreme Court reasserted the rule of law in the context of the detainees in the war on terror. At the same time, however, the addition of two new justices shifted the Court’s ideological balance to the right. In terms of criminal cases, the Court handed down a mixed bag of decisions. It was a bad term for Fourth Amendment claimants with the government prevailing in four of five search-and-seizure cases. Outside the context of the Fourth Amendment, however, criminal defendants fared a little better. In this article, I review …
Court Review: Volume 43, Issue 1 - The Resource Page
Court Review: Volume 43, Issue 1 - The Resource Page
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 43, Issue 1 - Complete Issue
Court Review: Volume 43, Issue 1 - Complete Issue
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 44, Issue 1/2 – Children And Procedural Justice, Victoria Weisz, Twila Wingrove, April Faith-Slaker
Court Review: Volume 44, Issue 1/2 – Children And Procedural Justice, Victoria Weisz, Twila Wingrove, April Faith-Slaker
Court Review: The Journal of the American Judges Association
The American Judges Association’s White Paper that forms the centerpiece of this issue begins with the recognition that even first graders have an understanding of procedural fairness. Developmental research has indeed established that young children are able to evaluate the fairness of activities and that they have a more positive perception of activities they deem to be more fair. Until recently, however, there has been little concern in the U.S. regarding children’s experiences of legal processes and procedures. In fact, children were not generally expected or encouraged to directly participate in most legal processes, even those where they were a …
Court Review: Volume 44, Issue 4 – Editor’S Note, Steve Leben
Court Review: Volume 44, Issue 4 – Editor’S Note, Steve Leben
Court Review: The Journal of the American Judges Association
One of the great things about editing the journal of the American Judges Association is that you can ask some of the leading experts in various legal fields to write articles for us, and because they will be speaking directly to judges, they usually agree. Our lead article in this issue is a great example.
Court Review: Volume 44, Issue 4 – Complete Issue
Court Review: Volume 44, Issue 4 – Complete Issue
Court Review: The Journal of the American Judges Association
Table of Contents:
An American Judge at the European Court of Human Rights by Donald Shaver
Punitive Damages After Philip Morris USA v. Williams by Benjamin C. Zipursky
From Investigation to Implementation: Factors for Successful Commissions on the Elimination of Racial and Ethnic Bias by Elizabeth Neeley
Editor’s Note
President’s Column
Court Review: The Ten-Year Index
The Resource Page
Court Review: Volume 44, Issue 3 – Editor’S Note, Steve Leben
Court Review: Volume 44, Issue 3 – Editor’S Note, Steve Leben
Court Review: The Journal of the American Judges Association
This issue marks a transition of significance. For much longer than I’ve been editor, Professor Charlie Whitebread wrote an annual review of the past Term of the United States Supreme Court. He died in September, and we are left without his help in keeping up with the latest developments. We are also left without his great friendship, which is noted in a tribute on page 88. Because our readers and members have known Professor Whitebread for so long, we also note at page 128 a full obituary you can find online.
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.
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 …