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Oral Argument Tactics On The Supreme Court Bench: A Comparative Analysis Of Verbal Tools Used By Justices Sotomayor, Kagan, And Gorsuch, Corinne Cichowicz Apr 2019

Oral Argument Tactics On The Supreme Court Bench: A Comparative Analysis Of Verbal Tools Used By Justices Sotomayor, Kagan, And Gorsuch, Corinne Cichowicz

Politics Honors Papers

Oral argument scholars like Adam Feldman have categorized the Supreme Court justices’ behavior during oral argument using the approach-based method, labeling each as one-sided, even-handed, or restrained. This approach is too narrowly constructed. Scholars sometimes categorize justices in terms of the tools they use, which include questions, hypotheticals, declarations, interruptions, tone of voice, and silence (Feldman 2018a). Neither of these methods alone produce a nuanced analysis of each justice’s actions during an individual case or across a Term. As the Court’s composition and dynamics are continuously changing, scholarship on oral argument needs to adapt to become more effective ...


Beyond “Good Behaviour”: A Plan To Restructure The Supreme Court Of The United States, Ross Mcnearney Jan 2019

Beyond “Good Behaviour”: A Plan To Restructure The Supreme Court Of The United States, Ross Mcnearney

Undergraduate Honors Theses

The Supreme Court of the United States truly decides what the law is. It is the final say in any legal battle, and as a result, it is in many ways more powerful than either the legislative or executive branches of the United States government. It performs an important check on both of those branches and serves a vital function in the democracy of the United States. But its current structure leaves something to be desired. There are too few justices, and life tenure is a mistake. Plus those justices represent a very geographically narrow selection of the country’s ...


Licensing Paralegals To Practice Law: A Path Toward Bridging The Justice Gap In Minnesota, Conner Suddick Jan 2019

Licensing Paralegals To Practice Law: A Path Toward Bridging The Justice Gap In Minnesota, Conner Suddick

Departmental Honors Projects

There are few legal avenues for low-income and other marginalized groups in the United States to seek civil justice. A lack of legal assistance in civil issues can be detrimental to a person’s health and wellbeing. Given this reality, the legal profession must broaden its capacity to serve these needs, and one path is to embrace the aid of paralegals. In 2016, the legal community of Minnesota had conversations about whether the state should provide limited licenses to paralegals. To study models from across the country, the Minnesota State Bar Association (MSBA) formed the Alternative Legal Models Task Force ...


Bait Questions As Source Of Misinformation In Police Interviews: Does Race Or Age Of The Suspect Increase Jurors' Memory Errors?, Matilde Ascheri Jun 2018

Bait Questions As Source Of Misinformation In Police Interviews: Does Race Or Age Of The Suspect Increase Jurors' Memory Errors?, Matilde Ascheri

Student Theses

Bait questions—hypothetical questions about evidence, often used by detectives during interrogations—can activate the misinformation effect and alter jurors’ perceptions of the evidence of a case. Here, we were interested in investigating whether mock jurors’ implicit biases could amplify the magnitude of the misinformation effect. We accomplished this by manipulating the age and race of the suspect being interrogated. As an extension of Luke et al. (2017), we had participants read a police report describing evidence found at a crime scene, then read a transcript of a police interrogation where the detective used bait questions to introduce new evidence ...


Opinions In Context: An Exploration Of The Rhetoric Used By Supreme Court Justices Antonin Scalia And Ruth Bader Ginsburg Regarding The Separation Of Church And State, Catherine Evans May 2018

Opinions In Context: An Exploration Of The Rhetoric Used By Supreme Court Justices Antonin Scalia And Ruth Bader Ginsburg Regarding The Separation Of Church And State, Catherine Evans

Senior Honors Projects, 2010-current

Supreme Court Justices Antonin Scalia and Ruth Bader Ginsburg represented opposite ends of the political spectrum on the Court, having been appointed by presidents from different parties. Their opinions on cases revolving around the interpretation of separation of church and state do/did not occur within a vacuum, and this paper examines both the context surrounding these opinions and rhetoric of the opinions themselves, closing with a discussion of the former’s effect on the latter. Specifically, four cases (two for each) from the beginning and end of the justices’ careers will be analyzed: Capitol Square Review and Advisory Board ...


Due Process And The Right To Legal Counsel For Unaccompanied Minors, Marielos G. Ramos May 2018

Due Process And The Right To Legal Counsel For Unaccompanied Minors, Marielos G. Ramos

All Dissertations, Theses, and Capstone Projects

Unaccompanied minors arriving to the United States fleeing violence and seeking protection are apprehended, detained in facilities, and placed in removal proceedings in accordance with U.S. immigration laws. Like adults, these children have to appear in immigration court to fight deportation and must apply for any form of legal relief for which they may be eligible. However, removal proceedings work as a civil and not a criminal process, and immigration laws have established that while noncitizens have the right to an attorney, they are not entitled to legal counsel at the government’s expense. This thesis examines how the ...


The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer Apr 2018

The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer

Dissertations

Purpose: The purpose of this descriptive, qualitative study was to identify and describe the importance of the predictors of juvenile recidivism and the effectiveness of efforts to prevent/avoid juvenile recidivism as perceived by previously detained, arrested, convicted, and/or incarcerated adult students 18 years of age and older exiting from alternative education in Northern California. A second purpose was to explore the types of support provided by alternative schools and the perceived importance of the support to avoid recidivism according to adult students 18 years of age and older exiting from alternative education.

Methodology: This qualitative, descriptive research design ...


Savings—The Missing Element In Chapter 13 Bankruptcy Cases?, David R. Jones Jan 2018

Savings—The Missing Element In Chapter 13 Bankruptcy Cases?, David R. Jones

Duke Law Master of Judicial Studies Theses

This paper examines the effects of debtor savings on the viability of chapter 13 bankruptcy plans. The paper further examines the impact of lawyer culture, debtor participation in the bankruptcy process and judicial activism on the use of the savings program by chapter 13 debtors. Using a data set of randomly selected chapter 13 bankruptcy cases filed in the Southern District of Texas, the analysis demonstrates that while savings has a direct positive impact on the success of chapter 13 plans, the degree of that success is significantly influenced by the views held by debtors’ lawyers, chapter 13 trustees and ...


Certification Of Legal Questions To The Utah Supreme Court, David Nuffer Jan 2018

Certification Of Legal Questions To The Utah Supreme Court, David Nuffer

Duke Law Master of Judicial Studies Theses

For 30 years, federal courts have certified questions of state law to the Utah Supreme Court. This thesis examines the history and utility of the process and recommends changes to the process in the federal district court and in the Utah Supreme Court.

The current focus of federal judges in certifying questions is on utility for the case before the court. But certification of questions from a federal court to a state court is an expression of federalism—a humble acknowledgment by a federal authority which is often regarded as supreme that the state is the proper and best authority ...


“Re-Evaluating Competence To Stand Trial”, David Collins Jan 2018

“Re-Evaluating Competence To Stand Trial”, David Collins

Duke Law Master of Judicial Studies Theses

The current federal law governing a defendant’s competence to stand trial is substantially contained in 18 U.S.C. § 4241 that can be traced to a 1949 statute and, in Dusky v. United States, a three paragraph opinion of the Supreme Court, delivered in 1960. The federal statute was initially drafted by a committee of the Judicial Conference of the United States. Thus, material aspects of the federal tests for assessing a defendant’s competence to stand trial were composed by federal judges.

This paper explains why the current federal law concerning a defendant’s competence to stand trial ...


Judicial Externships: Sharing Current Practices, Dinah Lennon Archambeault Jan 2018

Judicial Externships: Sharing Current Practices, Dinah Lennon Archambeault

Duke Law Master of Judicial Studies Theses

The need for externships has risen over the years as the importance of providing experiential education to supplement traditional doctrinal law school education has become generally acknowledged. Despite the many articles on externships, few, if any, have addressed how judicial externs are selected and how judicial externships are structured in the courts.

It was necessary to conduct qualitative research to determine how various courts address their extern programs, if at all. Based on the research I have undertaken, practices vary among courts and judges. Not only is there no uniform practice with respect to which courts and even judges place ...


The Influence Of Re-Selection On Independent Decision Making In State Supreme Courts, Ann A. Scott Timmer Jan 2018

The Influence Of Re-Selection On Independent Decision Making In State Supreme Courts, Ann A. Scott Timmer

Duke Law Master of Judicial Studies Theses

No abstract provided.


Substantive Due Process And The Politicization Of The Supreme Court, Eric Millman Jan 2018

Substantive Due Process And The Politicization Of The Supreme Court, Eric Millman

CMC Senior Theses

Substantive due process is one of the most cherished and elusive doctrines in American constitutional jurisprudence. The understanding that the Constitution of the United States protects not only specifically enumerated rights, but also broad concepts such as “liberty,” “property,” and “privacy,” forms the foundation for some of the Supreme Court’s most impactful—and controversial—decisions.

This thesis explores the constitutional merits and politicizing history of natural rights jurisprudence from its application in Dred Scott v. Sandford to its recent evocation in Obergefell v. Hodges. Indeed, from slavery to same-same sex marriage, substantive due process has played a pivotal role ...


How Defendant Characteristics Affect Sentencing And Conviction In The Us, Payton Kuenzli Jan 2018

How Defendant Characteristics Affect Sentencing And Conviction In The Us, Payton Kuenzli

Honors Undergraduate Theses

This research study analyzes whether or not there is any relationship between sentencing and conviction and certain defendant characteristics in the US legal system. In the midst of a time where the nation is strongly divided politically, the topic is often the center of research projects and discussions in academic journals. Specifically, this research explores the 3 characteristics- race, gender, and socioeconomic status. Within this article, multiple case studies from other journals are cited in which research and experiments have suggested that these factors do have influence on both whether or not a defendant gets convicted or for how long ...


Different Voices : Measuring Female Judges' Influence On Women's Rights Issues In The U.S. Courts Of Appeal., Alyson E Hendricks May 2017

Different Voices : Measuring Female Judges' Influence On Women's Rights Issues In The U.S. Courts Of Appeal., Alyson E Hendricks

College of Arts & Sciences Senior Honors Theses

Beginning with President Carter and continuing with each successive president, the federal bench has become more diverse. This has caused scholars to turn their attention to how personal characteristics such as race and sex affect judging. Understanding the effects of gender and race on judging is crucial because white female and minority female judges may bring a different perspective to the bench than their male counterparts due to their shared experiences with discrimination. To fill a gap in the literature, this study examines the impact of women in terms of legal influence and voting behavior. The results demonstrate that women ...


The Missouri Student Transfer Program, Howard E. Fields Iii Apr 2017

The Missouri Student Transfer Program, Howard E. Fields Iii

Dissertations

In 1993, the state of Missouri passed the Outstanding Schools Act. This law was created as a means to ensure that “all children will have quality educational opportunities, regardless of where in Missouri they live.” Section 167.131 of this law states that an unaccredited district must pay the tuition and transportation cost for students who attend an accredited school in the same or adjoining district. This portion of the law became known as the Student Transfer Program.

The Riverview Gardens School District (RGSD) was one of three unaccredited school districts in the state of Missouri in 2013. With close ...


The Effects Of Divided Government And Polarization On The Behavior Of Federal Circuit Court Judges, Carolyn Exarhakis Jan 2017

The Effects Of Divided Government And Polarization On The Behavior Of Federal Circuit Court Judges, Carolyn Exarhakis

Undergraduate Honors Theses

Many people act strategically to be promoted. Is it possible that circuit court judges make decisions with the goal of being nominated to the Supreme Court? I examine the behavior of federal circuit court judges by using a dichotomous variable where a ruling is made in a liberal or conservative direction. I observe the effects of unified and divided government, as well as Senate polarization. Although I hypothesize that short list judges under unified government will behave more ideologically than non-short list judges under unified government, I find reverse results. Short list judges are more likely to vote moderately than ...


The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson Jun 2016

The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson

Electronic Theses, Projects, and Dissertations

The ONE Exhibition explores an era in American history marked by intense government sponsored anti-gay persecution and the genesis of the LGBT equality movement. The study begins during World War II, continues through the McCarthy era and the founding of the nation’s first gay magazine, and ends in 1958 with the first gay Supreme Court case in U.S. history.

Central to the story is ONE The Homosexual Magazine, and its founders, as they embarked on a quest for LGBT equality by establishing the first ongoing nationwide forum for gay people in the U.S., and challenged the government ...


Juvenile Culpability And The Felony Murder Rule: Applying The Enmund Standard To Juveniles Facing Felony Murder Charges, Sterling Root Apr 2016

Juvenile Culpability And The Felony Murder Rule: Applying The Enmund Standard To Juveniles Facing Felony Murder Charges, Sterling Root

Senior Theses and Projects

Over the past decade, the Supreme Court has issued decisions in numerous cases (Roper v. Simmons, Graham v. Florida, Miller v. Alabama, and Montgomery v. Louisiana) involving juvenile sentencing that have radically transformed our juvenile criminal justice system. While some of these cases did involve juveniles convicted of felony murder, the Supreme Court never directly addressed how to handle juvenile sentencing in felony murder cases. This leaves a gap in society’s understanding of juvenile felony murder sentencing that must be addressed. Otherwise, many juveniles that never intended, attempted, or wished that a life be taken might spend the rest ...


What Judges Say And Do In Deciding National Security Cases: The Example Of The State Secrets Privilege, Anthony John Trenga Jan 2016

What Judges Say And Do In Deciding National Security Cases: The Example Of The State Secrets Privilege, Anthony John Trenga

Duke Law Master of Judicial Studies Theses

From the criminal trial of Aaron Burr on charges of treason to modern-day litigation involving the CIA, the state secrets privilege presents a thorny issue for federal judges. Judge Trenga examines the legal issues at the heart of this privilege—separation of powers, non-justiciability, evidentiary privilege, national security interests, and military secrets—and the two primary doctrinal tracks judges invoke. Then, based on interviews with thirty-one federal judges, Judge Trenga offers insights into how judges think about applying the state secrets privilege to sensitive material.


It’S So Hard To Say Goodbye: Why Article Iii Judges Leave (Or Don’T), Johnnie Blakeney Rawlinson Jan 2016

It’S So Hard To Say Goodbye: Why Article Iii Judges Leave (Or Don’T), Johnnie Blakeney Rawlinson

Duke Law Master of Judicial Studies Theses

Thurgood Marshall famously stated: “I was appointed to a life term, and I intend to serve it.” Justice Marshall’s sentiment is in lockstep with the expressed intent of the Founding Fathers, who embedded the concept of life tenure for Article III judges into the Constitution at the time of its adoption. This paper explores the extent to which Article III judges in this era echo the sentiment expressed by Justice Marshall, and the reasons some Article III judges have elected not to serve a life term. The paper also examines whether Article III judges have gravitated toward careers in ...


Are We Insane? The Quest For Proportionality In The Discovery Rules Of The Federal Rules Of Civil Procedure, Paul W. Grimm Jan 2016

Are We Insane? The Quest For Proportionality In The Discovery Rules Of The Federal Rules Of Civil Procedure, Paul W. Grimm

Duke Law Master of Judicial Studies Theses

No abstract provided.


Would United States Judges Benefit From More Graduate Training?, Nancy Joseph Jan 2016

Would United States Judges Benefit From More Graduate Training?, Nancy Joseph

Duke Law Master of Judicial Studies Theses

In the United States, there is no degree or training required to become a judge. On-the-job education primarily consists of orientation programs and updates on substantive and procedural law. Although these programs serve an important need, they are generally of limited duration and scope, taught by fellow judges, and are not degree programs. Two notable exceptions are the now-defunct University of Virginia Graduate Program for Judges, which offered an LL.M. in judicial process for sitting appellate judges and the Duke University School of Law’s LL.M. in judicial studies—also for sitting judges. Do judges benefit from such ...


Beware Of Judging A Book Just By Its Cover: Are The German Rules Of Civil Procedure, In Their Practical Application, Really As Capable To Facilitate A Speedy And Fair Trial As One Might Think?, Julia Prahl Jan 2016

Beware Of Judging A Book Just By Its Cover: Are The German Rules Of Civil Procedure, In Their Practical Application, Really As Capable To Facilitate A Speedy And Fair Trial As One Might Think?, Julia Prahl

Duke Law Master of Judicial Studies Theses

No abstract provided.


Designated Hitters, Pinch Hitters, And Bat Boys: Judges Dealing With Judgment And Inexperience, Career Clerks Or Term Clerks, Donald W. Molloy Jan 2016

Designated Hitters, Pinch Hitters, And Bat Boys: Judges Dealing With Judgment And Inexperience, Career Clerks Or Term Clerks, Donald W. Molloy

Duke Law Master of Judicial Studies Theses

This paper explores the relationship of the law clerk to the judge and why judges decide to make their term clerks career clerks or switch from career clerks back to term clerks. In exploring this issue, 26 judges were interviewed and provided a broad set of reasons both to have a career clerk or to stick with term clerks. The decision to hire a career clerk rests on serendipitous events while the choice to switch back to term clerks is deliberate. In the game of baseball the manager in the World Series has to change tactics when considering how to ...


The Clarity Of Reasonableness Since Dunsmuir: Mission (Mostly) Accomplished, Ryan D. Robb Oct 2015

The Clarity Of Reasonableness Since Dunsmuir: Mission (Mostly) Accomplished, Ryan D. Robb

Electronic Thesis and Dissertation Repository

This project develops an interpretive account of the single reasonableness standard as it has evolved in the Canadian Supreme Court case law since its introduction in New Brunswick (Board of Management) v. Dunsmuir. My analyses show, contrary to the bulk of the academic commentary, that reasonableness is a clear and coherent standard of review. Specifically I show that in the eyes of the Court, interference owing to unreasonableness is required only when decisions are not justified in the context of the legal framework. Unjustified decisions demand interference because they are arbitrary in the sense that the powers of the state ...


An Empirical Analysis Of State Supreme Court Candidate Fundraising, Michael Briach Jan 2015

An Empirical Analysis Of State Supreme Court Candidate Fundraising, Michael Briach

Williams Honors College, Honors Research Projects

As political elections are becoming more expensive, judicial elections are also following this trend. This project focuses on elections at the state supreme court level. There are three different methods used to select state supreme court justices, which are: partisan, nonpartisan, and merit selections. The intent of this project is to provide an empirical analysis of the differences in amounts raised between judicial selection methods. This will be done by examining the amount of money that is raised by state supreme court candidates in Ohio, compared to Florida. Ohio is a state that uses partisan elections, while Florida uses the ...


Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson May 2014

Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson

Chancellor’s Honors Program Projects

No abstract provided.


Dissent Aversion At The Court Of Justice Of The European Union, Marsha C. Erb Jan 2014

Dissent Aversion At The Court Of Justice Of The European Union, Marsha C. Erb

Duke Law Master of Judicial Studies Theses

The Court of Justice of the European Union has jurisdiction over 28 politically, culturally and linguistically disparate member states in the interpretation and application of EU law. Throughout its 60-year history, the Court has banned publication of the separate opinions of its judges and their voting records favouring instead brief unsigned unanimous decisions achieved by majority vote. The CJEU defends its practice in the interests of protecting judicial independence and its own authority and legitimacy. The Court’s critics call for greater transparency by publishing dissenting opinions along the lines of the United States Supreme Court. The CJEU is one ...


Leadership And Management Training In The North Carolina Judicial System: An Examination Of Identified Need, James E. Hardin Jr. Jan 2014

Leadership And Management Training In The North Carolina Judicial System: An Examination Of Identified Need, James E. Hardin Jr.

Duke Law Master of Judicial Studies Theses

The purpose of this paper is to ask whether North Carolina public service lawyers and judges believe that their judicial districts perform with maximum efficiency or whether there could be functional improvement with leadership and management training for system leaders, and with the perceived need of such training, as articulated by these professionals, what a general training model might look like. A brief examination of the institutionally provided leadership and management training offered to system leaders shows sparse resources are expended to develop leaders and train them so that they have the skills to direct individual organizations and change the ...