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Articles 1 - 30 of 39
Full-Text Articles in Law
Factual Precedents, Allison Orr Larsen
Factual Precedents, Allison Orr Larsen
Faculty Publications
Lawyers and judges speak to each other in a language of precedents—decisions from cases that have come before. The most persuasive precedent to cite, of course, is an on-point decision of the U.S. Supreme Court. But Supreme Court opinions are changing. They contain more factual claims about the world than ever before, and those claims are now rich with empirical data. This Supreme Court factfinding is also highly accessible; fast digital research leads directly to factual language in old cases that is perfect for arguments in new ones. An unacknowledged consequence of all this is the rise of what I …
Monroe County, Kentucky - Court Records (Sc 1217), Manuscripts & Folklife Archives
Monroe County, Kentucky - Court Records (Sc 1217), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid only for Manuscripts Small Collection 1217. Docket book, Monroe County, Kentucky, December 1832 - November 1838, listing judgments and warrants.
When Poverty Is The Worst Crime Of All: A Film Review Of Gideon’S Army (2013), Jessica S Henry
When Poverty Is The Worst Crime Of All: A Film Review Of Gideon’S Army (2013), Jessica S Henry
Department of Justice Studies Faculty Scholarship and Creative Works
This review of the Sundance Award-winning documentary film, Gideon’s Army, examines the disparate impact of the criminal justice system on the poor and, particularly, poor people of color.
The Fixable Flaws Of America's Civil Justice System, James Maxeiner
The Fixable Flaws Of America's Civil Justice System, James Maxeiner
All Faculty Scholarship
No abstract provided.
Bankruptcy Voting And The Designation Power, Christopher W. Frost
Bankruptcy Voting And The Designation Power, Christopher W. Frost
Law Faculty Scholarly Articles
Chapter 11 of the Bankruptcy Code is the only form of bankruptcy that requires winning the consent of the creditor body. Creditors are given the right to vote based on an underlying assumption that they will cast their votes to maximize recovery on their claims. When creditors collectively vote to further these distributional goals, then the estate in turn should realize the maximum value for its assets. "Value maximization" is one of the fundamental goals of chapter 11, and voting in bankruptcy is an important way of achieving that goal.
The problem with these assumptions is that creditors sometimes vote …
Discouraging Election Contests, Joshua A. Douglas
Discouraging Election Contests, Joshua A. Douglas
Law Faculty Scholarly Articles
This essay offers a few proposals for discouraging losing candidates from contesting the certified result of an election. The ultimate goal in any election, of course, is to ensure that a state declares as the winner the person who actually received the most votes. But when an election is close, a candidate on the losing side might see an incentive to continue the fight in the courts on the off-chance that it would change the outcome. The candidate could challenge, for example, certain provisional or absentee ballot—even if the likelihood that the candidate will win is slim (but still theoretically …
Barren County, Kentucky - Court Records (Sc 884), Manuscripts & Folklife Archives
Barren County, Kentucky - Court Records (Sc 884), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid and scan (Click on "Additional Files" below) for Manuscripts Small Collection 884. Circuit Court of Barren County, Kentucky, Memoranda Book, 5 June 1819-December 1821.
Barren County, Kentucky - Court Records (Sc 876), Manuscripts & Folklife Archives
Barren County, Kentucky - Court Records (Sc 876), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid and scan (Click on "Additional Files" below) for Manuscripts Small Collection 876. Barren County, Kentucky, Quarter Sessions Order Book, 1799-1802.
Helm, John Blakey, 1899-1979 (Sc 572), Manuscripts & Folklife Archives
Helm, John Blakey, 1899-1979 (Sc 572), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid and scan (Click on "additional files" below) for Manuscripts Small Collection 572. Typescript of a speech, [April, 1949], entitled “Memo on Second Appellate District Judges” by John Blakey Helm, which contains a history of the district and biographical information about the judges who had served that district until 1949.
Constructing Courts: Architecture, The Ideology Of Judging, And The Public Sphere, Allison Anna Tait
Constructing Courts: Architecture, The Ideology Of Judging, And The Public Sphere, Allison Anna Tait
Law Faculty Publications
In several countries, governments have embarked on major building expansion programs for their judiciaries. The new buildings posit the courtroom as their center and the judge as that room’s pivot. These contemporary projects follow the didactic path laid out in Medieval and Renaissance town halls, which repeatedly deployed symbolism in efforts to shape norms. Dramatic depictions then reminded judges to be loyal subjects of the state. In contrast, modern buildings narrate not only the independence of judges but also the dominion of judges, insulated from the state. The significant allocation of public funds reflects the prestige accorded to courts by …
Abstention, Separation Of Powers, And Recasting The Meaning Of Judicial Restraint, William P. Marshall
Abstention, Separation Of Powers, And Recasting The Meaning Of Judicial Restraint, William P. Marshall
Faculty Publications
No abstract provided.
Post-Crisis Reconsideration Of Federal Court Reform, David R. Cleveland
Post-Crisis Reconsideration Of Federal Court Reform, David R. Cleveland
Law Faculty Publications
No abstract provided.
Informal Deference: A Historical, Empirical, And Normative Analysis Of Patent Claim Construction, Jonas Anderson, Peter S. Menell
Informal Deference: A Historical, Empirical, And Normative Analysis Of Patent Claim Construction, Jonas Anderson, Peter S. Menell
Articles in Law Reviews & Other Academic Journals
Patent scope plays a central role in the operation of the patent system, making patent claim construction a critical aspect of just about every patent litigation. With the resurgence of patent jury trials in the 1980s, the allocation of responsibility for interpreting patent claims between trial judge and jury emerged as a salient issue. While the Supreme Court’s Markman decision usefully removed claim construction from the black box of jury deliberations notwithstanding its "mongrel" mixed fact/law character, the Federal Circuit's adherence to the view that claim construction is a pure question of law subject to de novo appellate review produced …
Crashing The Misdemeanor System, Jenny M. Roberts
Crashing The Misdemeanor System, Jenny M. Roberts
Articles in Law Reviews & Other Academic Journals
With “minor crimes” making up more than 75% of state criminal caseloads, the United States faces a misdemeanor crisis. Although mass incarceration continues to plague the nation, the current criminal justice system is faltering under the weight of misdemeanor processing.
Operating under the “broken windows theory,” which claims that public order law enforcement prevents more serious crime, the police send many petty offenses to criminal court. This is so even though the original authors of the theory noted that “[o]rdinarily, no judge or jury ever sees the persons caught up in a dispute over the appropriate level of neighborhood order” …
Judicial Ethics And Supreme Court Exceptionalism, Amanda Frost
Judicial Ethics And Supreme Court Exceptionalism, Amanda Frost
Articles in Law Reviews & Other Academic Journals
In his 2011 Year-End Report on the Federal Judiciary, Chief Justice John Roberts cast doubt on Congress’s authority to regulate the Justices’ ethical conduct, declaring that the constitutionality of such legislation has “never been tested.” Roberts’ comments not only raise important questions about the relationship between Congress and the Supreme Court, they also call into question the constitutionality of a number of existing and proposed ethics statutes. Thus, the topic deserves close attention.
This Essay contends that Congress has broad constitutional authority to regulate the Justices’ ethical conduct, just as it has exercised control over other vital aspects of the …
Eyes In The Sky: Constitutional And Regulatory Approaches To Domestic Drone Deployment, Hillary B. Farber
Eyes In The Sky: Constitutional And Regulatory Approaches To Domestic Drone Deployment, Hillary B. Farber
Faculty Publications
This article begins with a current look at the deployment of drones domestically, both in terms of their use and the procedure for attaining approval for flight. Part II examines the capabilities of drones. Part III considers the Supreme Court's current Fourth Amendment jurisprudence and its application to law enforcement's use of drones. Part IV reviews existing and proposed federal and state regulation of drones. Part V offers constitutional and legislative prescriptions for regulating drones.
Punishment First: A Study Of Juvenile Pretrial Detention, Richard V. Foster, David Tanenhaus, Heather Lynn Lusty
Punishment First: A Study Of Juvenile Pretrial Detention, Richard V. Foster, David Tanenhaus, Heather Lynn Lusty
McNair Poster Presentations
How society and the legal system should respond to youth crime is a volatile issue. Much research exists on this topic broadly. A largely overlooked subset exists regarding the rights of juveniles in the United States who face pretrial confinement, specifically how juveniles accused of delinquency are treated by the courts. Delinquency or a delinquent act, in the context of this study, is “an act that would be considered a crime if committed by an adult.”7. Adults and children are processed by the courts differently, each with their own rights and court mandated procedures to follow. This report analyzes …
The Prosecution Of Pirates In National Courts, Robin M. Warner
The Prosecution Of Pirates In National Courts, Robin M. Warner
Faculty of Law, Humanities and the Arts - Papers (Archive)
The substantial rise in piracy incidents off the Horn of Africa since 2008 has exposed significant gaps in the international law framework for investigation and prosecution of piracy offences and its implementation in national criminal justice systems. This article examines the principal elements of this framework including the definition of piracy and associated obligations in the 1982 United Nations Convention on the Law of the Sea (LOSC). It reviews progress towards criminalisation of piracy offences in national legislative systems and distinctive trends in piracy legislation around the world. It also examines key features of the jurisprudence emerging from the regional …
Promoting Language Access In The Legal Academy, Jayesh Rathod, Gillian Dutton, Beth Lyon, Deborah M. Weissman
Promoting Language Access In The Legal Academy, Jayesh Rathod, Gillian Dutton, Beth Lyon, Deborah M. Weissman
Articles in Law Reviews & Other Academic Journals
Since the 1960s, the United States government has paid increasing attention to the rights of language minorities and to the need for greater civic and political integration of these groups. With the passage of the Civil Rights Act of 1964, the issuance of Executive Orders, and intervention by the federal judiciary, progress has been made in the realm of language access. State and local courts have likewise taken steps (albeit imperfectly) to provide interpretation and translation assistance to Limited English Proficient persons. Most recently, responding to both lack of services and inconsistent practices, the American Bar Association has set out …
Justice Scalia's Truthiness And The Virtues Of Judicial Candor, Allen K. Rostron
Justice Scalia's Truthiness And The Virtues Of Judicial Candor, Allen K. Rostron
Faculty Works
Antonin Scalia is by far the Supreme Court’s greatest wit and most colorful personality. His judicial opinions are also remarkably passionate and frank. He has received intense criticism for supposedly being “too political” in some of his opinions, such as his scorching dissent in last year’s case about Arizona laws aimed at illegal immigrants or his bitter denunciation of the Court’s last major ruling on the detention of suspected terrorists. But what purpose is really served by judges hiding their motivations behind a false veneer of detachment and stilted formalism? Scalia can be so refreshingly candid in his judicial work …
Constraining The Federal Rules Of Civil Procedure Through The Federalism Canons Of Statutory Interpretation, Margaret S. Thomas
Constraining The Federal Rules Of Civil Procedure Through The Federalism Canons Of Statutory Interpretation, Margaret S. Thomas
Journal Articles
The doctrine for deciding when to apply the Federal Rules of Civil Procedure to state claims heard in federal court has become a quagmire of exceptions and ephemeral distinctions, in large measure due to the persistent difficulty courts have in separating substantive rules from procedural ones in an era where special procedural rules are often used as an essential regulatory tool in state governance. This article examines the power of Federal Rules of Civil Procedure to displace contrary state law in diversity cases by focusing on the limited functional competence of the Supreme Court and its Advisory Committee to displace …
Treating Juveniles Like Juveniles: Getting Rid Of Transfer And Expanded Adult Court Jurisdiction, Christopher Slobogin
Treating Juveniles Like Juveniles: Getting Rid Of Transfer And Expanded Adult Court Jurisdiction, Christopher Slobogin
Vanderbilt Law School Faculty Publications
The number of juveniles transferred to adult court has skyrocketed in the past two decades and has only recently begun to level off. This symposium article argues that, because it wastes resources, damages juveniles, and decreases public safety, transfer should be abolished. It also argues that the diminished culpability rationale that has had much-deserved success at eliminating the juvenile death penalty and mandatory life without parole for juveniles is not likely to have a major impact on the much more prevalent practices of transferring mid- and older-adolescents to adult court and expanding adult court jurisdiction to adolescents; neither the law …
Policy Evaluation Of Hillsborough County’S Family Dependency Treatment Court, Shawn M. Martin, Kathleen A. Moore
Policy Evaluation Of Hillsborough County’S Family Dependency Treatment Court, Shawn M. Martin, Kathleen A. Moore
Mental Health Law & Policy Faculty Publications
Child abuse and neglect is a troubling issue all too familiar with courts in the United States. The problem becomes even more complicated when substance abuse is involved. In 2004, approximately 500,000 children were removed from their homes because of abuse and neglect issues1. In the past few years, a judicial model appeared to address both substance abuse and child dependency issues. This model, entitled Family Dependency Treatment Court (FDTC) enables the court to mandate treatment for parents and make reunification dependent on treatment compliance. The FDTC program in Hillsborough County, Florida is now in its second year and has …
The Role Of Courts In "Making" Law In Japan: The Communitarian Conservatism Of Japanese Judges, John O. Haley
The Role Of Courts In "Making" Law In Japan: The Communitarian Conservatism Of Japanese Judges, John O. Haley
Vanderbilt Law School Faculty Publications
Professor Haley is an outstanding international and comparative law scholars, widely credited with having popularized Japanese legal studies in the United States. In 1969, Haley received a fellowship from the University of Washington and was in one of the first classes to graduate from the Asian Law Program, now, the Asian Law Center. After working for several years in law firms in Japan, he joined the law faculty at the University of Washington, where he remained for nearly twenty-six years during which time he directed the Asian and Comparative Law Program. In June 2012, Professor Haley was awarded The Order …
Trial Jurors And Variables Influencing Why They Return The Verdicts They Do - A Guide For Practicing And Future Trial Attorneys, Mitchell J. Frank, Osvaldo F. Morera
Trial Jurors And Variables Influencing Why They Return The Verdicts They Do - A Guide For Practicing And Future Trial Attorneys, Mitchell J. Frank, Osvaldo F. Morera
Faculty Scholarship
No abstract provided.
Why Cant We Be Friends Preserving Public Confidence In The Judiciary Through Limited Use Of Social Networking, Helia Garrido Hull
Why Cant We Be Friends Preserving Public Confidence In The Judiciary Through Limited Use Of Social Networking, Helia Garrido Hull
Faculty Scholarship
No abstract provided.
Implementing Technology In The Justice Sector: A Canadian Perspective., J Bailey, Jacquelyn Burkell
Implementing Technology In The Justice Sector: A Canadian Perspective., J Bailey, Jacquelyn Burkell
FIMS Publications
Despite the many technological advances that could benefit the court system, the use of computers and network technology to facilitate court procedures is still in its infancy, and court procedures largely remain attached to paper documents and to the physical presence of the parties at all stages. More and more research is focusing on the use of technology to make the legal system more efficient and to reduce excessive legal costs and delays. The goal of this exploratory research project is to examine the experience of justice sector technology implementation from
the perspective of individuals involved first-hand in the implementation …
Juries For Juveniles, Joseph E. Kennedy
Shleifer's Failure, Jonathan Klick
Judging The Flood Of Litigation, Marin K. Levy
Judging The Flood Of Litigation, Marin K. Levy
Faculty Scholarship
The Supreme Court has increasingly considered a particular kind of argument: that it should avoid reaching decisions that would “open the floodgates of litigation.” Despite its frequent invocation, there has been little scholarly exploration of what a floodgates argument truly means, and even less discussion of its normative basis. This Article addresses both subjects, demonstrating for the first time the scope and surprising variation of floodgates arguments, as well as uncovering their sometimes-shaky foundations. Relying on in-depth case studies from a wide array of issue areas, the Article shows that floodgates arguments primarily have been used to protect three institutions: …