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Articles 1 - 7 of 7
Full-Text Articles in Law
Symposium: The Least Understood Branch: The Demands And Challenges Of The State Judiciary: Introduction, Alex Carver, Susanna Rychlak
Symposium: The Least Understood Branch: The Demands And Challenges Of The State Judiciary: Introduction, Alex Carver, Susanna Rychlak
Vanderbilt Law Review
On March 31, 2017, the Vanderbilt Law Review, in conjunction with the American Constitution Society, hosted a Symposium at Vanderbilt Law School entitled The Least Understood Branch: The Demands and Challenges of the State Judiciary. This Symposium began five months earlier at Emory University School of Law, where the Symposium's contributors gathered to discuss the importance and difficulties of studying state courts. This theme is reflected in the articles published in this Symposium issue. The importance of state courts to the American system of justice can hardly be overstated. As Professors Tracey George and Albert Yoon recognize, "The work of …
Adjudicating Death: Professionals Or Politicians?, Stephen J. Choi, Mitu Gulati
Adjudicating Death: Professionals Or Politicians?, Stephen J. Choi, Mitu Gulati
Vanderbilt Law Review
Given that there is significant variation across the states in terms of whether death examination offices are run by trained professionals or local politicians, we should, in theory, be able to empirically test the question of whether professionals or politicians do a better job of adjudicating death. It turns out that, although there are strong opinions about what the answer surely is, there has been little in the way of serious empirical work addressing this question. Our Article takes a first cut at looking at how one might do that analysis.
Introduction: Perceived Legitimacy And The State Judiciary, G. Alexander Nunn
Introduction: Perceived Legitimacy And The State Judiciary, G. Alexander Nunn
Vanderbilt Law Review
By and large, judicial authority is a product of perceived validity. Judges lack an independent means of enforcement; they wield "no influence over either the sword or the purse," "neither force nor will." Rather, the judicial branch operates under the auspices of its legitimacy, "a product of substance and perception that shows itself in the people's acceptance of the Judiciary as fit to determine what the Nation's law means and to declare what it demands." When the public sees the judiciary as legitimate, it accepts and adheres to its rulings even when it may perceive certain decisions to be ideologically …
Improving Access To Justice In State Courts With Platform Technology, J.J. Prescott
Improving Access To Justice In State Courts With Platform Technology, J.J. Prescott
Vanderbilt Law Review
Access to justice often equates to access to state courts, and for millions of Americans, using state courts to resolve their disputes-often with the government-is a real challenge. Reforms are regularly proposed in the hopes of improving the situation (e.g., better legal aid), but until recently a significant part of the problem has been structural. Using state courts today for all but the simplest of legal transactions entails at the very least traveling to a courthouse and meeting with a decision maker in person and in a one-on-one setting. Even minimally effective access, therefore, requires time, transportation, and very often …
Measuring Justice In State Courts: The Demographics Of The State Judiciary, Tracey E. George, Albert H. Yoon
Measuring Justice In State Courts: The Demographics Of The State Judiciary, Tracey E. George, Albert H. Yoon
Vanderbilt Law Review
For most individuals and organizations, state courts--especially state trial courts-are the "law" for all effective purposes. State courts are America's courts. But, we know surprisingly little about state court judges despite their central and powerful role in lawmaking and dispute resolution. This lack of information is especially significant because judges' backgrounds have important implications for the work of courts. The characteristics of those who sit in judgment affect the internal workings of courts as well as the external perception of those courts and judges. The background of judges will influence how they make decisions and can impact the public's acceptance …
Introduction: The Effects Of Selection Method On Public Officials, Clayton J. Masterman
Introduction: The Effects Of Selection Method On Public Officials, Clayton J. Masterman
Vanderbilt Law Review
State and local governments have long struggled to design optimal mechanisms for selecting public officials. Centuries of experimentation have left us with several techniques: election (partisan or otherwise), political appointment, or selection by some kind of technocratic commission. Despite our extensive experience with these systems, no consensus has emerged as to which system is best under what circumstances. Several questions remain unclear: What effect does selection method have on the quality of services that public officials provide? Does selection method systematically affect the ideological composition of officials? If so, does that effect matter? And what determines whether a jurisdiction adopts …
Introduction: The Power Of New Data And Technology, Laura E. Dolbow
Introduction: The Power Of New Data And Technology, Laura E. Dolbow
Vanderbilt Law Review
Modern technology has revolutionized the law. Computers drastically expanded the scope and speed of access to legal information. Unlike the days when lawyers had to climb ladders in the stacks to find specific statutes or cases in printed reporters, Westlaw brings up thousands of resources at the touch of a fingertip. Beyond transforming legal research, new data and technology have transformed the law in two other powerful ways: they have made the law more accessible to nonlawyers, and they have made it possible for lawyers to gather information about how the law is being executed. The articles in this Section …