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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.

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

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

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

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

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

Court Review: The Journal of the American Judges Association

No abstract provided.

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

Court Review: The Journal of the American Judges Association

No abstract provided.

Space Debris And The Law, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The issue of space debris has already for some time been very high upon the agenda of scientists, worrying about the future possibilities to undertake astronomical observations from earth. Currently, these worries are increasingly spreading to the public at large, in view of the risks of damage being caused on earth— the deorbiting of Mir, in a way the largest piece of space debris ever, was a media issue for many weeks. And even commercially oriented entities are rapidly coming to realise that the growing amount of tiny objects in outer space will not just obstruct or endanger scientific exploration, …

Sovereignty Versus Space - Public Law And Private Launch In The Asian Context, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

In the more than forty years which have gone by since the birth of space law, there has not been a more revolutionary development than the rapidly increasing involvement of private entities in space activities. International space law in the narrow sense—essentially five space treaties and five United Nations Resolutions on space constituting the core of the corpus juris spatialis internationalis— developed for its most fundamental part when only states (and a few international organisations) were undertaking space activities in any meaningful sense of the word. Its exclusively public character, for example in terms of rights and obligations provided …

Space For Dispute Settlement Mechanisms - Dispute Resolution Mechanisms For Space? A Few Legal Considerations, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

1. Introduction-The subject of dispute settlement is at the heart of every legal system or subsystem, whether national or international, and in principle it should not be any different for space law either. Indeed, amongst space law experts often attention has been paid to this issue, if indeed usually confined to such experts, like in the context of the International Law Association where a draft convention for the settlements of space law disputes was developed.

2. The issue of dispute settlement in space law-The general picture sketched above has of course undergone considerable change over the last years, perhaps most …

Vikings First In National Space Law: Other Europeans To Follow The Continuing Story Of National Imj>Lementation Of International Responsibility And Liability, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

1. Introduction- As is often borne out by discussion, the term 'national space law' is used with a considerable degree of variation in scope. In the broader sense, it would encompass all law on a national level exclusively or predominantly applicable to outer space and/or space activities. Thus, a law creating a national space agency as such would already be labelled a 'national space law'. Even broader, all national law exercising substantial impact upon space activities could be qualified as 'national space law', including for example legislation related to financing of mobile assets, insurance of certain activities, or general tort …