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Stop Making Court A First Stop For Many Low Income Parents, Jane C. Murphy Jun 2015

Stop Making Court A First Stop For Many Low Income Parents, Jane C. Murphy

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In the wake of the unrest over police misconduct in cities across the country, calls for reform have focused on the criminal justice system — making police, prosecutors, and criminal courts more accountable and just. While much work needs to be done in that arena, too little attention has focused on the ways in which low income families are hurt in civil courts. Many more men, women and children from low income communities of color pass through the doors of our family courts every day than those who interact with the criminal justice system. Some come to court as a last ...


Using The Dna Testing Of Arrestees To Reevaluate Fourth Amendment Doctrine, Steven P. Grossman Jan 2015

Using The Dna Testing Of Arrestees To Reevaluate Fourth Amendment Doctrine, Steven P. Grossman

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With the advent of DNA testing, numerous issues have arisen with regard to obtaining and using evidence developed from such testing. As courts have come to regard DNA testing as a reliable method for linking some people to crimes and for exonerating others, these issues are especially significant. The federal government and most states have enacted statutes that permit or direct the testing of those convicted of at least certain crimes. Courts have almost universally approved such testing, rejecting arguments that obtaining and using such evidence violates the Fourth Amendment.

More recently governments have enacted laws permitting or directing the ...


Removal And Remand - Beyond The Supplements, Joan E. Steinman Jan 2014

Removal And Remand - Beyond The Supplements, Joan E. Steinman

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This is a compilation of case descriptions and citations to law review articles that complements the contents of the 2014 Pocket Parts to volumes 14B and C of the Wright & Miller treatise on Federal Practice and Procedure. It was put together by the author of those Pocket Parts. The cases described here either are not included at all in the 2014 volume 14B and C Pocket Parts or are cited there for different propositions than are reflected in this electronic publication. The cases that are included in this electronic compilation came to my attention between mid-October, 2012, and mid-October, 2013 ...


The Fixable Flaws Of America's Civil Justice System, James Maxeiner Jun 2013

The Fixable Flaws Of America's Civil Justice System, James Maxeiner

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No abstract provided.


The Conundrum Of Cameras In The Courtroom, Nancy S. Marder Jan 2012

The Conundrum Of Cameras In The Courtroom, Nancy S. Marder

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In spite of a communications revolution that has given the public access to new media in new places, the revolution has been stopped cold at the steps to the U.S. federal courthouse. The question whether to allow television cameras in federal courtrooms has aroused strong passions on both sides, and Congress keeps threatening to settle the debate and permit cameras in federal courts. Proponents of cameras in federal courtrooms focus mainly on the need to educate the public and to make judges accountable, whereas opponents focus predominantly on the ways in which cameras can affect participants’ behavior and compromise ...


Sex On The Bench: Do Women Judges Matter To The Legitimacy Of International Courts?, Nienke Grossman Jan 2012

Sex On The Bench: Do Women Judges Matter To The Legitimacy Of International Courts?, Nienke Grossman

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This article seeks to advance our understanding of international courts' legitimacy and its relationship to who sits on the bench. It asks whether we should care that few women sit on international court benches. After providing statistics on women's participation on eleven of the world's most important courts and tribunals, the article argues that under-representation of one sex affects normative legitimacy because it endangers impartiality and introduces bias when men and women approach judging differently. Even if men and women do not think differently, a sex un-representative bench harms sociological legitimacy for constituencies who believe they do nonetheless ...


Batson Revisited (Symposium), Nancy S. Marder Jan 2012

Batson Revisited (Symposium), Nancy S. Marder

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The twenty-fifth anniversary of Batson v. Kentucky provides an important moment to reflect on Batson and to consider how this seminal case and its progeny have affected the use and abuse of peremptory challenges. I had initially welcomed the U.S. Supreme Court’s approach to peremptory challenges in Batson back in 1986. Although Batson was a compromise—preserving peremptories while seeking to address discriminatory peremptories—it had the noble goal of trying to eliminate discrimination during jury selection. I also embraced its expansion over the years. The logic of Batson was inexorable: just as prosecutors should not be permitted ...


"Sweet Childish Days": Using Developmental Psychology Research In Evaluating The Admissibility Of Out-Of-Court Statements By Young Children, Lynn Mclain Jan 2011

"Sweet Childish Days": Using Developmental Psychology Research In Evaluating The Admissibility Of Out-Of-Court Statements By Young Children, Lynn Mclain

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A three-year-old child, while being bathed by her babysitter, innocently mentions that her “pee-pee” hurts. When the babysitter asks the child how she hurt it, she says, “Uncle Ernie (her mother’s boyfriend) told me not to tell.” A subsequent medical examination reveals that the child has gonorrhea, a sexually transmitted disease.

By the time of trial, the child is four and-a-half-years old. When questioned by the trial judge, she cannot explain to the judge’s satisfaction, “the difference between the truth and a lie.” Moreover, she has no long term memory of the incident. The judge rules the child ...


Proposal For Drug Offender Stationhouse Deferral Program, Daniel T. Coyne Jan 2010

Proposal For Drug Offender Stationhouse Deferral Program, Daniel T. Coyne

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No abstract provided.


Restructuring Proposal For The Criminal Division Of The Circuit Court Of Cook County, Daniel T. Coyne Jan 2010

Restructuring Proposal For The Criminal Division Of The Circuit Court Of Cook County, Daniel T. Coyne

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No abstract provided.


Sex Representation On The Bench: Legitimacy And International Criminal Courts, Nienke Grossman Jan 2010

Sex Representation On The Bench: Legitimacy And International Criminal Courts, Nienke Grossman

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This essay examines the relationship between legitimacy and the presence of both male and female judges on international criminal court benches. It argues that sex representation – an approximate reflection of the ratio of the sexes in the general population – on the bench is an important contributor to legitimacy of international criminal courts. First, it proposes that sex representation affects normative legitimacy because men and women bring different perspectives to judging. Consequently, without both sexes, adjudication is inherently biased. Second, even if one rejects the proposition that men and women "think differently", sex representation affects sociological legitimacy because sex representation signals ...


Child Custody Evaluations: Review Of The Literature And Annotated Bibliography, Barbara A. Babb, Gloria Danziger, Judith D. Moran, J. Mason Weeda, William A. Mack Apr 2009

Child Custody Evaluations: Review Of The Literature And Annotated Bibliography, Barbara A. Babb, Gloria Danziger, Judith D. Moran, J. Mason Weeda, William A. Mack

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This review of custody evaluation literature encompasses a number of perspectives gleaned from the following: practitioners who perform the evaluations; the professional organizations that recognize the necessity to establish performance standards for practitioners; and the judges who depend on the findings and recommendations in the evaluations to assist with difficult custody decisions.

General agreement exists among practitioners about the components of a comprehensive evaluation (interviews of adults responsible for child care, interviews of children and their preferences, life histories, observations, psychological testing, document review, and collateral source data), though little consensus exists about the details of performance concerning a given ...


Do Cognitive Biases Affect Adjudication?: A Study Of Labor Arbitrators (With Monica Biernat), Martin H. Malin, Monica Biernat Jan 2008

Do Cognitive Biases Affect Adjudication?: A Study Of Labor Arbitrators (With Monica Biernat), Martin H. Malin, Monica Biernat

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Labor arbitrators were presented with four cases to decide, each involving a challenge to discipline or discharge of an employee resulting from a work-family conflict. Arbitrators were randomly given versions of the cases in which the gender and one other characteristivc of the employee were varied. The results showed little evidence of direct gender bias in decision-making but did reflect bias against single parents and employees with eldercare, as opposed to childcare, responsibilities. Implications for other adjudicators, including judges, jurors and administrative agency officials are discussed.


Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps Dec 2007

Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps

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A sophisticated reading of the legislative record of the framing of the Fourteenth Amendment can provide courts and scholars with some general interpretive principles to guide their application of the Amendment to current legal problems. The author argues that two common legal conceptions about the Amendment are, in fact, misconceptions. The first is that the Amendment was chiefly concerned with the immediate situation of freed slaves in the former slave states. Instead, he argues, the legislative record suggests that the framers were broadly concerned with the rights not only of freed slaves but also of foreign-born immigrants in the North ...


A Report On Chicago's Felony Courts: Executive Summary (Chicago Appleseed Fund For Justice Criminal Justice Project, December 2007) (Member Of Advisory Board), Daniel T. Coyne Jan 2007

A Report On Chicago's Felony Courts: Executive Summary (Chicago Appleseed Fund For Justice Criminal Justice Project, December 2007) (Member Of Advisory Board), Daniel T. Coyne

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No abstract provided.


A Report On Chicago's Felony Courts (Chicago Appleseed Fund For Justice Criminal Justice Project, December 2007) (Member Of Advisory Board)., Daniel T. Coyne Jan 2007

A Report On Chicago's Felony Courts (Chicago Appleseed Fund For Justice Criminal Justice Project, December 2007) (Member Of Advisory Board)., Daniel T. Coyne

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No abstract provided.


Amicus Briefs, Kenneth Lasson Jan 2007

Amicus Briefs, Kenneth Lasson

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No abstract provided.


Cyberjuries: A New Role As Online Mock Juries, Nancy S. Marder Feb 2006

Cyberjuries: A New Role As Online Mock Juries, Nancy S. Marder

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No abstract provided.


Bringing Jury Instructions Into The Twenty-First Century, Nancy S. Marder Feb 2006

Bringing Jury Instructions Into The Twenty-First Century, Nancy S. Marder

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No abstract provided.


The Medical Malpractice Debate: The Jury As Scapegoat (Symposium), Nancy S. Marder Feb 2005

The Medical Malpractice Debate: The Jury As Scapegoat (Symposium), Nancy S. Marder

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No abstract provided.


A Government Of Laws And Not Men: Prohibiting Non-Precedential Opinions By Statute Or Procedural Rule, Amy E. Sloan Jul 2004

A Government Of Laws And Not Men: Prohibiting Non-Precedential Opinions By Statute Or Procedural Rule, Amy E. Sloan

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Non-precedential judicial opinions issued by the federal appellate courts have generated significant controversy. Given that the federal appellate courts are unlikely to abandon the practice of issuing non-precedential opinions on their own, what other options exist for prohibiting the practice? This article discusses the constitutionality of a procedural rule or statute prohibiting the federal appellate courts from prospectively designating selected opinions as non-precedential. It explains how the rules governing non-precedential opinions allow federal appellate courts to "opt out" of their own rules of precedent. It then examines the rulemaking process, showing how the Federal Rules of Appellate Procedure are promulgated ...


Introduction To The Jury At A Crossroad: The American Experience (Symposium Editor), Nancy S. Marder Feb 2003

Introduction To The Jury At A Crossroad: The American Experience (Symposium Editor), Nancy S. Marder

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No abstract provided.


The War On Terrorism And The Constitution, Michael I. Meyerson Nov 2002

The War On Terrorism And The Constitution, Michael I. Meyerson

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Discussion of civil liberties during wartime often omit the fact that there can be no meaningful liberty at all if our homes and offices are bombed or our loved ones are killed or injured by acts of terror. The Government must be given the tools necessary to accomplish its vital mission. The first priority must be to win the war against terrorism. There are, however, other priorities. The United States, in its just battle for freedom, must ensure that freedom is preserved during that battle as well. Moreover, care must be taken so that an exaggerated cry of “emergency” is ...


Juries, Justice And Multiculturalism, Nancy S. Marder Feb 2002

Juries, Justice And Multiculturalism, Nancy S. Marder

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No abstract provided.


Rethink The Laws Relating To Fathers (Change: With The Decline In Married Mothers And Traditional Families, The Legal Image Of Dads Needs Re-Examination), Jane C. Murphy Jun 2001

Rethink The Laws Relating To Fathers (Change: With The Decline In Married Mothers And Traditional Families, The Legal Image Of Dads Needs Re-Examination), Jane C. Murphy

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This "marital presumption" permitted courts to assume a set of biological facts in the name of preserving the sanctity and stability of what was assumed to be the cornerstone of a healthy society — the traditional family of husband, wife and children. In the last decades of the 20th century, science developed paternity testing with results approaching certainty. Despite the availability of DNA testing, the marital presumption is still used in many courtrooms to answer the question of who is the legal father. What one scholar has called "the law's struggle to preserve the fiction of an older moral order ...


The Judiciary In The United States: A Search For Fairness, Independence And Competence, Stephen J. Shapiro Apr 2001

The Judiciary In The United States: A Search For Fairness, Independence And Competence, Stephen J. Shapiro

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Alexander Hamilton referred to the judiciary as “the least dangerous branch” because it could neither make nor enforce the law without help from the other two branches of government. In the years since then, however, courts and judges in the United States have assumed a much more prominent role in society. American judges preside over criminal trials and sentence those convicted, decide all kinds of civil disputes, both large and small, and make important decisions involving families, such as child custody. They have also become the primary guarantors of the civil and constitutional rights of American citizens.

The case of ...


Juries And Technology: Equipping Jurors For The Twenty-First Century (Symposium), Nancy S. Marder Feb 2001

Juries And Technology: Equipping Jurors For The Twenty-First Century (Symposium), Nancy S. Marder

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No abstract provided.


Managing Punitive Damages: A Role For Mandatory "Limited Generosity" Classes And Anti-Suit Injunctions?, Joan E. Steinman Jan 2001

Managing Punitive Damages: A Role For Mandatory "Limited Generosity" Classes And Anti-Suit Injunctions?, Joan E. Steinman

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In this Article, I consider whether "limited generosity" classes may be used to determine a defendant's entire liability for punitive damages arising from a defined course of conduct. The goals of such a class action would include adequately punishing and deterring the defendant, keeping the defendant's liability within state-mandated and constitutional limits, and facilitating equitable distribution of the damages among injured plaintiffs. The Article describes the legal limits on punitive damages liability that states have established and that the Supreme Court has held substantive due process to impose, and then carefully examines whether such limits constitute a predicate ...


The Interplay Of Race And False Claims Of Jury Nullification, Nancy S. Marder Feb 1999

The Interplay Of Race And False Claims Of Jury Nullification, Nancy S. Marder

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No abstract provided.


The Myth Of The Nullifying Jury, Nancy S. Marder Feb 1999

The Myth Of The Nullifying Jury, Nancy S. Marder

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Jury nullification, an issue that has received much public attention, has been used loosely to describe verdicts with which members of the press and public disagree. One aim of this article is to explain what nullification is and to identify and describe three different situations in which nullification is likely to arise. Another aim is to offer two conceptions of the jury before assessing whether nullification is helpful or harmful to the judicial system. One conception, "a conventional view," largely held by judges, regards the jury as a fact-finding body and little more. My own conception, which I have labeled ...