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Articles 1 - 14 of 14

Full-Text Articles in Law

Rethinking Federal Diversion: The Rise Of Specialized Criminal Courts, Christine S. Scott-Hayward Jan 2017

Rethinking Federal Diversion: The Rise Of Specialized Criminal Courts, Christine S. Scott-Hayward

Berkeley Journal of Criminal Law

Specialized criminal courts have now become the focus of innovation at the front-end of the federal criminal justice system and appear to be the dominant form of diversion. These courts now exist in at least 21 federal districts. Their rapid proliferation is notable, given that over the same time period, the use of pretrial detention has increased, the use of existing federal diversion has declined significantly, and the imposition of alternative to incarceration sentences by judges has continued to decrease. Specialized criminal courts now appear to be the predominant response to continuing concerns among judges and other stakeholders about the ...


A Comparative Examination Of Counter-Terrorism Law And Policy, Laurent Mayali, John Yoo Dec 2016

A Comparative Examination Of Counter-Terrorism Law And Policy, Laurent Mayali, John Yoo

Faculty Scholarship

This article conducts a comparative analysis of U.S. and European counter-terrorism law and policy. Recent attacks vy ISIS in the U.S., France, and Germany have revealed important differences between American and European approaches. Before September 11, 2001, the United States responded to terrorism primarily with existing law enforcement authorities, though in isolated cases it pursued military measures abroad. In this respect, it lagged behind the approach of European nations, which had confronted internal terrorism inspired vy leftwing ideology or separatist goals. But after the 9-11 attacks, the United States adopted a preventive posture that aimed to pre-empt terrorist ...


Violence And Social Repair: Rethinking The Contribution Of Justice To Reconciliation, Laurel E. Fletcher, Harvey M. Weinstein Jan 2002

Violence And Social Repair: Rethinking The Contribution Of Justice To Reconciliation, Laurel E. Fletcher, Harvey M. Weinstein

Faculty Scholarship

This article explores limitations of international criminal trials that assign accountability for mass atrocities to individuals, and offers a model to understand the contribution of trials to social reconstruction. In the last decade, there has been a burgeoning interest in the question of how countries recover from episodes of mass violence or gross human rights violations. This interest has focused on the concept of transitional justice, a term used to describe the processes by which a state seeks to redress the violations of a prior regime. Despite the fact that military and political leaders who ordered or directed mass terror ...


Does Risk To Oneself Increase The Care Owed To Others - Law And Economics In Conflict, Robert Cooter, Ariel Porat Jan 2000

Does Risk To Oneself Increase The Care Owed To Others - Law And Economics In Conflict, Robert Cooter, Ariel Porat

Faculty Scholarship

As applied by courts, the Hand Rule balances the injurer's burden of precaution and the victims' reduction in risk. In this application, risk to oneself does not increase the duty owed to others. Economists, however, use the Hand Rule to minimize social costs, which requires balancing the burden of precaution against the reduction in risk to everyone. For economists, risk to one's self counts in determining the duty owed to others. In cases where precaution reduces joint risk (risk to oneself and others), the usual legal interpretation underestimates the reduction in risk relative to the economic interpretation, often ...


Judicial Auditing, Matt Spitzer, Eric Talley Jan 2000

Judicial Auditing, Matt Spitzer, Eric Talley

Faculty Scholarship

No abstract provided.


Stretching The Adjudicative Paradigm: Another Look At Judicial Policy Making And The Modern State, Daniel A. Farber Jan 1999

Stretching The Adjudicative Paradigm: Another Look At Judicial Policy Making And The Modern State, Daniel A. Farber

Faculty Scholarship

Reviews the book 'Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons,' by Malcolm Feeley and Edward Rubin.


Does The English Rule Discourage Low-Probability-Of-Prevailing Plaintiffs, A. Mitchell Polinsky, Daniel L. Rubinfeld Jan 1998

Does The English Rule Discourage Low-Probability-Of-Prevailing Plaintiffs, A. Mitchell Polinsky, Daniel L. Rubinfeld

Faculty Scholarship

Evaluates whether the English rule of fee allocation (in which the loser pays the winner's litigation costs) discourages suits by low-probability-of-prevailing plaintiffs. Comparison with the American rule (in which each side bears its own costs); Settlement process; Asymmetric-information model of litigation.


Hollow Hopes, Flypaper, And Metaphors, Malcolm M. Feeley Oct 1992

Hollow Hopes, Flypaper, And Metaphors, Malcolm M. Feeley

Faculty Scholarship

No abstract provided.


Trial Courts: An Economic Perspective, Robert D. Cooter, Daniel L. Rubinfeld Jan 1990

Trial Courts: An Economic Perspective, Robert D. Cooter, Daniel L. Rubinfeld

Faculty Scholarship

This article describes economic research on models of legal disputes. Concepts such as rational choice and static equilibrium are often used inaccurately in the noneconomic research presented in this issue. This article critiques the longitudinal studies, illustrating a number of problems of conceptualization and data analysis. Finally, the authors consider normative models of dispute resolution and the evolution and effects of judge-made law.


In The Eye Of The Beholder: Tort Litigants' Evaluations Of Their Experiences In The Civil Justice System, E. Allan Lind, Robert J. Maccoun, Patricia A. Ebener, William L. Felstiner Jan 1990

In The Eye Of The Beholder: Tort Litigants' Evaluations Of Their Experiences In The Civil Justice System, E. Allan Lind, Robert J. Maccoun, Patricia A. Ebener, William L. Felstiner

Faculty Scholarship

Little is known about the reactions of tort litigants to traditional and alternative litigation procedures. To explore this issue, we interviewed litigants in personal injury cases in three state courts whose cases had been resolved by trial, court-annexed arbitration, judicial settlement conferences, or bilateral settlement. The litigants viewed the trial and arbitration procedures as fairer than bilateral settlement, apparently because they believed that trials and arbitration hearings gave their case more respectful treatment. They were less satisfied with the outcome of judicial settlement conferences than with the outcome of bilateral settlements, because judicial settlement conference outcomes were more likely to ...


The Establishment Clause And Aid To Parochial Schools-An Update, Jesse H. Choper Jan 1987

The Establishment Clause And Aid To Parochial Schools-An Update, Jesse H. Choper

Faculty Scholarship

Focuses on the rulings of the California Supreme Court in the establishment clause and aid to parochial schools in the U.S. Examples of the cases; Information on the three-part test of the court; Assessment on the court's rulings.


The Routinization Of Debt Collection: An Essay On Social Change And Conflict In The Courts, Robert A. Kagan Jan 1984

The Routinization Of Debt Collection: An Essay On Social Change And Conflict In The Courts, Robert A. Kagan

Faculty Scholarship

No abstract provided.


Participation, Responsiveness, And The Consultative Process: An Essay For Lon Fuller, Melvin Aron Eisenberg Dec 1978

Participation, Responsiveness, And The Consultative Process: An Essay For Lon Fuller, Melvin Aron Eisenberg

Faculty Scholarship

In this essay, Professor Eisenberg identifies three norms of the adjudicative process put forth by Professor Fuller in The Forms and Limits of Adjudication--attention by the decision-maker, explanation of the decision, and responsiveness of the decision to the parties' proofs and arguments. Professor Eisenberg argues that there is a form of social ordering which, like adjudication, is characterized by assured participation, but which does not require that the decision be responsive to the parties' proofs and arguments. He explores some of the current and potential applications of this form of social ordering, which he terms the Consultative Process. He goes ...


Two Models Of The Criminal Justice System: An Organizational Perspective, Malcolm M. Feeley Jan 1972

Two Models Of The Criminal Justice System: An Organizational Perspective, Malcolm M. Feeley

Faculty Scholarship

Systematic studies of the administration of justice in the United States have stressed either the rational-goal model or the functional-systems model. The former model emphasizes problems with the justice system's formal rules of operation and appears to be the dominant view of appellate judges, lawyers, and law students, while the latter model is concerned with the identification and adaptation of action to the environment and the interests of action within the system.