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Articles 1 - 5 of 5
Full-Text Articles in Judges
A Critique Of The Uniquely Adversarial Nature Of The U.S. Legal, Economic And Political System And Its Implications For Reinforcing Existing Power Hierarchies, Areto A. Imoukuede, Jim Wilets
A Critique Of The Uniquely Adversarial Nature Of The U.S. Legal, Economic And Political System And Its Implications For Reinforcing Existing Power Hierarchies, Areto A. Imoukuede, Jim Wilets
Journal Publications
This article argues that the uniquely adversarial nature of the United States litigation system, rooted in the medieval English system of "trial by battle," has replicated itself in almost all aspects of American society, distinguishing the United States from even its common law counterparts that shared the genesis of their legal systems in English "trial by battle." This "trial by battle" is often characterized in the context of speech by terms such as the 'marketplace of ideas," or in the context of economics by terms such as "the law of the jungle.," Even resolution of basic Constitutional concepts are subject …
Judicial Externship Clinic, Legal Clinic Program
Judicial Externship Clinic, Legal Clinic Program
Clinical Programs Brochures
The Judicial Externship allows each student to observe, evaluate and participate in the practice of various areas of the law outside the classroom. The educational benefits derived from this experience include improving legal analytical, research and writing skills; learning how judicial decisions are made; and becoming familiar with various court procedures. Students gain a unique view of the court system by assisting a state or federal judge. Students observe and perform a range of lawyering tasks within the judicial system, including: research; writing; attending settlement conferences; observing trials; reviewing jury instructions; preparing bench briefs; and other assignments unique to judicial …
Prosecution Externship, Legal Clinic Program
Prosecution Externship, Legal Clinic Program
Course Descriptions and Information
The Prosecution Externship offers students the opportunity to practice criminal law as a certified legal intern under the direct supervision of an on-site supervising Assistant State Attorney. The student extern observes and participates in a range of prosecutorial duties, namely: recommending appropriate charges for new cases; negotiating pleas; drafting and arguing pre-trial motions; and participating in trials.
Latina And Latino Judges: Changing The Complexion Of The Bench, Mary Dolores Guerra
Latina And Latino Judges: Changing The Complexion Of The Bench, Mary Dolores Guerra
Florida A & M University Law Review
Although having a diverse bench is instrumental to a fair judicial system, the first Mexican American was not appointed to the federal bench until 1961. In that year, President John F. Kennedy appointed Reynaldo G. Garza, to the U.S. federal bench as a district court judge. Judge Garza hoped that by becoming an "effective jurist" he would quell any scrutiny over his appointment and, moreover, "encourage [the] appointment of other qualified Mexican Americans to the federal bench." Judge Garza was the only Latino appointed to the federal bench until 1979 when President Jimmy Carter appointed several Latinos to the bench, …
The Canine Metaphor And The Future Of Sentencing Reform: Dogs, Tails, And The Constitutional Law Of Wagging, Benjamin Priester
The Canine Metaphor And The Future Of Sentencing Reform: Dogs, Tails, And The Constitutional Law Of Wagging, Benjamin Priester
Journal Publications
Over the last seven years, in what is commonly referred to as the Apprendi line of cases, the United States Supreme Court has promulgated an audacious and controversial constitutional law of sentencing characterized by thinly veiled disdain for legislative sentencing reform measures and high regard for judicial discretion in punishing offenders. The Court's opinions have asserted that its newfound constitutional principle is necessary to safeguard defendants' Sixth Amendment right to trial by jury against legislative encroachment. In truth, the only interest being preserved is judges' assessment of their own importance. The doctrinal and practical effects of the new sentencing doctrine …