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Articles 1 - 30 of 197
Full-Text Articles in Courts
How To Try A Tax Court Case, James S. Halpren, Charles W. Hall
How To Try A Tax Court Case, James S. Halpren, Charles W. Hall
William & Mary Annual Tax Conference
No abstract provided.
Removal And The Eleventh Amendment: The Case For District Court Remand Discretion To Avoid A Bifurcated Suit, Mitchell N. Berman
Removal And The Eleventh Amendment: The Case For District Court Remand Discretion To Avoid A Bifurcated Suit, Mitchell N. Berman
Michigan Law Review
This Note concludes that the Sixth Circuit was half right: when a civil action names both state and private defendants - what this Note terms a "mixed case" - and when the claims against private defendants arise under federal law, the district court must grant removal of the case8 and must remand the claims against the state defendant. However, this Note also observes that the Fifth Circuit probably achieved the better result. After defendants have removed a mixed case to federal court and the district court has remanded the barred claims, the dual court systems and the parties will usually …
Rethinking Federal Judicial Selection
The Role Of Public Opinion In Constitutional Interpretation, James G. Wilson
The Role Of Public Opinion In Constitutional Interpretation, James G. Wilson
BYU Law Review
No abstract provided.
State V. Thomas And The Mcdonough Test: A Safety Net Proposal To Cure The Square Peg-Round Hole Dilemma, Lisabeth Joner
State V. Thomas And The Mcdonough Test: A Safety Net Proposal To Cure The Square Peg-Round Hole Dilemma, Lisabeth Joner
BYU Law Review
No abstract provided.
Sentence Credit For Pre-Trial Defendants Released To Residential Detention Facilities, Maryellen Sullivan
Sentence Credit For Pre-Trial Defendants Released To Residential Detention Facilities, Maryellen Sullivan
Vanderbilt Law Review
Most individuals consider continued confinement to a residential detention facility and denial of access to phone, mail, and family visits to constitute involuntary detention. The majority of the federal courts of appeal do not agree, however, and will not grant sentence credit to a federal offender for time spent, as a condition of bond, in a "treatment center" or "halfway house."' These same courts, without exception, grant sentence credit to individuals who are remanded to these residen- tial facilities after conviction. This inequity violates the purpose of the Bail Reform Act of 1966 (the "Act"), which ensures even-handed and uniform …
Trial Court Unification Under Sca 3, Senate Judiciary Committee, Assembly Judiciary Committee
Trial Court Unification Under Sca 3, Senate Judiciary Committee, Assembly Judiciary Committee
California Joint Committees
No abstract provided.
Bankruptcy Courts And Stare Decisis: The Need For Restructuring, Jeffrey J. Brookner
Bankruptcy Courts And Stare Decisis: The Need For Restructuring, Jeffrey J. Brookner
University of Michigan Journal of Law Reform
Part I of this Note provides background by summarizing the rules of stare decisis. Part II refutes the contention that the present court structure allows bankruptcy judges not to follow domestic district court precedent. Part II asserts that, in pursuit of legitimate ends, bankruptcy judges have employed illegitimate means. Finally, Part II contends that bankruptcy judges are better equipped to make bankruptcy decisions than district judges. Part III concludes that the bankruptcy system should be restructured to allow bankruptcy judges to make decisions without being constrained by district court precedent or appeals. Such reform could achieve the substantive goals desired …
Jurors' Views Of Civil Lawyers: Implications For Courtroom Communication, Valerie P. Hans, Krista Sweigart
Jurors' Views Of Civil Lawyers: Implications For Courtroom Communication, Valerie P. Hans, Krista Sweigart
Cornell Law Faculty Publications
In courtroom communication, lawyers play a key role. During presentations of opening statements and closing arguments, and through examination and cross-examination of witnesses, lawyers communicate the merits of the case that the jury is to decide. Yet there is surprisingly little systematic information about how jurors perceive lawyers' communication activities. This Article presents new information based upon an interview study with civil jurors about how jurors view and evaluate attorneys and their courtroom behavior. The results of this study are used to make recommendations about enhancing the effectiveness of lawyers' communications.
Innovations For Improving Courtroom Communications And Views From Appellate Courts, B. Michael Dann, James D. Heiple, Michael J. Saks, Patricia Mcgowan Wald, Peter David Blanck
Innovations For Improving Courtroom Communications And Views From Appellate Courts, B. Michael Dann, James D. Heiple, Michael J. Saks, Patricia Mcgowan Wald, Peter David Blanck
Indiana Law Journal
Symposium: Improving Communications In the Courtroom
Keynote Address (Improving Communications In The Courtroom Symposium), Robert N. Saylor
Keynote Address (Improving Communications In The Courtroom Symposium), Robert N. Saylor
Indiana Law Journal
Symposium: Improving Communications in the Courtroom
Calibrating The Scales Of Justice: Studying Judges' Behavior In Bench Trials, Peter David Blanck
Calibrating The Scales Of Justice: Studying Judges' Behavior In Bench Trials, Peter David Blanck
Indiana Law Journal
No abstract provided.
Judicial Nullification, Michael J. Saks
Jurors' Views Of Civil Lawyers: Implications For Courtroom Communication, Valerie P. Hans, Krista Sweigart
Jurors' Views Of Civil Lawyers: Implications For Courtroom Communication, Valerie P. Hans, Krista Sweigart
Indiana Law Journal
No abstract provided.
Helping Jurors Out: Post-Verdict Debriefing For Jurors In Emotionally Disturbing Trials, Leigh B. Bienen
Helping Jurors Out: Post-Verdict Debriefing For Jurors In Emotionally Disturbing Trials, Leigh B. Bienen
Indiana Law Journal
No abstract provided.
"Learning Lessons" And "Speaking Rights": Creating Educated And Democratic Juries, B. Michael Dann
"Learning Lessons" And "Speaking Rights": Creating Educated And Democratic Juries, B. Michael Dann
Indiana Law Journal
No abstract provided.
Judge-Jury Communications: Improving Communications And Understanding Bias, Ladoris Hazzard Cordell, Robert Rosenthal, Charles F.C. Ruff, Steven J. Adler
Judge-Jury Communications: Improving Communications And Understanding Bias, Ladoris Hazzard Cordell, Robert Rosenthal, Charles F.C. Ruff, Steven J. Adler
Indiana Law Journal
Symposium: Improving Communications in the Courtroom
Communicating With Juries, Fred H. Cate, Newton N. Minow
Communicating With Juries, Fred H. Cate, Newton N. Minow
Indiana Law Journal
No abstract provided.
Improving Communications In The Courtroom Symposium (Welcoming Remarks And Statement Of The Issues), Newton N. Minow, Peter David Blanck
Improving Communications In The Courtroom Symposium (Welcoming Remarks And Statement Of The Issues), Newton N. Minow, Peter David Blanck
Indiana Law Journal
Symposium: Improving Communications in the Courtroom
Demonstration And Discussion Of Technological Advances In The Courtroom, Elizabeth L. Browning, Theodore D. Ciccone, Robert M. Parker, Robert F. Ruyak, Fred H. Cate
Demonstration And Discussion Of Technological Advances In The Courtroom, Elizabeth L. Browning, Theodore D. Ciccone, Robert M. Parker, Robert F. Ruyak, Fred H. Cate
Indiana Law Journal
Symposium: Improving Communications in the Courtroom
Pay No Attention To The Woman Behind The Bench: Musings Of A Trial Court Judge, Ladoris H. Cordell, Florence O. Keller
Pay No Attention To The Woman Behind The Bench: Musings Of A Trial Court Judge, Ladoris H. Cordell, Florence O. Keller
Indiana Law Journal
No abstract provided.
It's About Time: Unravelling Standing And Equitable Ripeness, Laura E. Little
It's About Time: Unravelling Standing And Equitable Ripeness, Laura E. Little
Buffalo Law Review
No abstract provided.
Postconviction Review Of Jury Discrimination: Measuring The Effects Of Juror Race On Jury Decisions, Nancy J. King
Postconviction Review Of Jury Discrimination: Measuring The Effects Of Juror Race On Jury Decisions, Nancy J. King
Michigan Law Review
In Part I, I review the empirical evidence concerning the effect of jury discrimination on jury decisions. Using the work of social and cognitive psychologists, I argue that the influence of jury discrimination on jury decisions is real and can be measured by judges in certain circumstances. The empirical studies suggest criteria that courts could use to identify the cases in which jury discrimination is most likely to affect the verdict. I also refute the argument that white judges can never predict the behavior of jurors of racial backgrounds different than their own and conclude that judicial estimates of the …
The Adversarial And Mediation Processes An Exploration Of Outcomes In Child Custody Disputes, Cheryl Barakey
The Adversarial And Mediation Processes An Exploration Of Outcomes In Child Custody Disputes, Cheryl Barakey
Sociology & Criminal Justice Theses & Dissertations
In recent years, the Juvenile and Domestic Relations Courts have seen increases in child custody disputes. This increase has caused many jurisdictions to seek alternatives to the traditional adversarial process. Mediation has attracted the most attention. Several jurisdictions such as Norfolk, Virginia, the one used in this study, now refer parents to mediation before the court will hear the case.
Unlike previous studies where divorce mediation was researched with child custody being one of the factors, this study examines the differences in the outcomes of the mediation and litigation processes used to solve only child custody disputes. The outcomes examined …
The Role Of The Federal Magistrate Judge In Civil Justice Reform, R. Lawrence Dessem
The Role Of The Federal Magistrate Judge In Civil Justice Reform, R. Lawrence Dessem
Faculty Publications
This Article considers the role of the United States magistrate judge in civil justice reform and, more specifically, the role that the early implementation districts envision for magistrate judges within their own districts. Part I briefly considers the evolution of the office of magistrate judge prior to the enactment of the Judicial Improvements Act of 1990. Part II addresses the treatment of magistrate judges under that legislation. Next, Part III recounts the roles assigned to magistrate judges under the Civil Justice Reform Act in the individual district courts. These varying uses of magistrate judges then will be critiqued in Part …
Article Ii Revisionism, Cass R. Sunstein
Article Ii Revisionism, Cass R. Sunstein
Michigan Law Review
One of the most striking developments of the last decade has been the new use of Article II in public law adjudication. Article II is a prominent feature not only of cases involving the creation of federal institutions that are independent of the President, but also of new disputes involving reviewability, scope of review, and standing.
Professor Krent and Mr. Shenkman have performed a valuable service in spelling out the argument that Article II, rather than Article III, justifies constitutional limits on legislative grants of standing. Indeed, on several important matters, we are very much in agreement. In this brief …
Georgia V. Mccollum: An Unprincipled And Potentially Unjust Ending To The Peremptory Challenge Cases, Eric E. Vernon
Georgia V. Mccollum: An Unprincipled And Potentially Unjust Ending To The Peremptory Challenge Cases, Eric E. Vernon
BYU Law Review
No abstract provided.
A New Antidote For An Opponent's Pretrial Discovery Misconduct: Treating The Misconduct At Trial As An Admission By Conduct Of The Weakness Of The Opponent's Case, Edward J. Imwinkelried
A New Antidote For An Opponent's Pretrial Discovery Misconduct: Treating The Misconduct At Trial As An Admission By Conduct Of The Weakness Of The Opponent's Case, Edward J. Imwinkelried
BYU Law Review
No abstract provided.
The Georgia Jury And Negligence: The View From The Trenches, R. Perry Sentell Jr.
The Georgia Jury And Negligence: The View From The Trenches, R. Perry Sentell Jr.
Scholarly Works
This is the third part of a project devoted to analyzing the Georgia negligence jury. The project employed as its original point of departure the extensive Chicago Jury Study of the 1960s, directed by Chicago Law Professor Harry Kalven, Jr. That Study's immortality derives principally from its famous first premise: Meaningful evaluation of the jury system must originate from within the system itself. That premise propelled Professor Kalven through a massive national survey of trial judges. The judges' responses, under Kalven's insightful analysis, yielded an unprecedented profile of the American jury. In foundational fashion, those responses indelibly etched into legal …
Private Justice And The Federal Bench, Lauren K. Robel
Private Justice And The Federal Bench, Lauren K. Robel
Indiana Law Journal
No abstract provided.