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Court Review: The Journal of the American Judges Association

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Court Review: Volume 45, Issue 1/2 – Cover Jan 2008

Court Review: Volume 45, Issue 1/2 – Cover

Court Review: The Journal of the American Judges Association

No abstract provided.


Court Review: Volume 45, Issue 1/2 – Complete Issue Jan 2008

Court Review: Volume 45, Issue 1/2 – Complete Issue

Court Review: The Journal of the American Judges Association

Table of Contents:
The Case of Standing Bear: Establishing Personhood under the Law by Joe Starita

Sovereign Comity: Factors Recognizing Tribal Court Criminal Convictions in State and Federal Courts by Matthew L.M. Fletcher

Wisconsin’s Experience in Allocating Jurisdiction between State and Tribal Courts by Beth Ermatinger Hanan and William H. Levit, Jr.

Beyond Minimum Standards: Federal Requirements and State Interpretations of the Indian Child Welfare Act by Kathryn E. Fort

American Indian Law Research for State Courts by Nancy Carol Carter

Assumptions Regarding Indians and Judicial Humility: Thoughts from a Property-Law Lens by Ezra Rosser

From Conflict to ...


Court Review: Volume 41, Issue 3-4 - The Resource Page: Focus On Judicial Campaign-Conduct Rules Oct 2007

Court Review: Volume 41, Issue 3-4 - The Resource Page: Focus On Judicial Campaign-Conduct Rules

Court Review: The Journal of the American Judges Association

Editor’s Note: There are about 8,500 state general-jurisdiction trial-court judges in the United States; of those, 77% stand for some sort of contestable election and 87% stand for some form of election. There are about 1,250 state appellate judges in the United States; of those, 53% stand for some sort of contestable election and 87% stand for some form of election. (See Court Review, Summer 2004, at 21.) In addition, there are thousands of additional, limited-jurisdiction judges also subject to election. Thus, the rules governing election-campaign conduct by judges are of great significance.

In 2002, in Republican ...


Court Review: Volume 43, Issue - Editor's Note Jun 2007

Court Review: Volume 43, Issue - Editor's Note

Court Review: The Journal of the American Judges Association

I’m pleased to announce some long-term changes that I believe will greatly improve Court Review. Alan Tomkins, a law and psychology professor with experience in editing a similar journal, has agreed to join me as coeditor. As you’ll see from a greater description of his background, he brings a great number of valuable contacts throughout both the academic world and the judiciary.


Court Review: Volume 43, Issue 1 - President's Column, Steve Leben Jun 2007

Court Review: Volume 43, Issue 1 - President's Column, Steve Leben

Court Review: The Journal of the American Judges Association

The American Judges Association is the Voice of the Judiciary.® So says the United States Patent and Trademark Office, which accepted the AJA’s registration of this service mark on the principal register for patents and trademarks on March 27, 2007. This column will seek to answer two questions: What does this mean? And how did it come about?


Court Review: Volume 43, Issue 1 - Complete Issue Jun 2007

Court Review: Volume 43, Issue 1 - Complete Issue

Court Review: The Journal of the American Judges Association

No abstract provided.


Court Review: Volume 43, Issue 1 - Cover Jun 2007

Court Review: Volume 43, Issue 1 - Cover

Court Review: The Journal of the American Judges Association

No abstract provided.


Court Review: Volume 43, Issue 1 - Table Of Contents Jun 2007

Court Review: Volume 43, Issue 1 - Table Of Contents

Court Review: The Journal of the American Judges Association

No abstract provided.


Grounding Frequent Filers: The Trend Of Revoking The Special Status Of Overly Litigious Pro Se Litigants, Michael G. Langan Jun 2007

Grounding Frequent Filers: The Trend Of Revoking The Special Status Of Overly Litigious Pro Se Litigants, Michael G. Langan

Court Review: The Journal of the American Judges Association

Since the early 1990s, federal courts in the Second and Third Circuits have, with increasing frequency, revoked the special status of pro se civil litigants who have been overly litigious. This article discusses the reasons for this trend’s appearance in the Second and Third Circuits, the rationales for the trend, the fairness of the trend, and some practical advice for courts and practitioners wrestling with the issue of whether or not the special status of a particularly litigious pro se litigant should be revoked.


Recent Criminal Decisions Of The United States Supreme Court: The 2005-2006 Term, Charles Whitebread Jun 2007

Recent Criminal Decisions Of The United States Supreme Court: The 2005-2006 Term, Charles Whitebread

Court Review: The Journal of the American Judges Association

In this term, as in the previous one, the United States Supreme Court reasserted the rule of law in the context of the detainees in the war on terror. At the same time, however, the addition of two new justices shifted the Court’s ideological balance to the right. In terms of criminal cases, the Court handed down a mixed bag of decisions. It was a bad term for Fourth Amendment claimants with the government prevailing in four of five search-and-seizure cases. Outside the context of the Fourth Amendment, however, criminal defendants fared a little better.
In this article, I ...


Evaluating Court Processes For Determining Indigency, Elizabeth Neeley, Alan J. Tomkins Jun 2007

Evaluating Court Processes For Determining Indigency, Elizabeth Neeley, Alan J. Tomkins

Court Review: The Journal of the American Judges Association

The Sixth Amendment to the Constitution guarantees all people accused of a crime the right to legal counsel. In the landmark 1963 decision Gideon v. Wainright, 1 the United States Supreme Court affirmed the right of indigent defendants to have counsel provided. But Gideon did not end the Supreme Court’s discussion of the circumstances in which the state is required to provide defendants with an attorney when they claim not to have the means to pay for one. 2 Nor did it end the states’ examination of the requirement of any legal assistance paid for by taxpayers. 3 Moreover ...


Court Review: Volume 43, Issue 1 - The Resource Page Jun 2007

Court Review: Volume 43, Issue 1 - The Resource Page

Court Review: The Journal of the American Judges Association

No abstract provided.


Court Review: Volume 44, Issue 4 – An American Judge At The European Court Of Human Rights, Donald Shaver Jan 2007

Court Review: Volume 44, Issue 4 – An American Judge At The European Court Of Human Rights, Donald Shaver

Court Review: The Journal of the American Judges Association

We followed President Barack Obama into Strasbourg, France, last April, but our group of 27 judges and justices did not generate quite as many headlines as he did. Not surprising, since it was only coincidence that our seminar on the European Court of Human Rights (ECHR), sponsored by the International Judicial Academy, happen to follow a NATO summit meeting also occurring in Strasbourg. No worries, we were all excited to be there anyway.


Court Review: Volume 44, Issue 4 – Resource Page Jan 2007

Court Review: Volume 44, Issue 4 – Resource Page

Court Review: The Journal of the American Judges Association

Websites of Interest
New books


Court Review: Volume 44, Issue 4 – President’S Column, Tam Schumann Jan 2007

Court Review: Volume 44, Issue 4 – President’S Column, Tam Schumann

Court Review: The Journal of the American Judges Association

As your president, I have attended meetings of the Conference of the Chief Justices and of the National Association for Court Management. The focus of both conferences was the fiscal crisis confronting us. From chief justices to nonjudicial employees, the dominating topic of conversation was how do we survive the harsh reality of our economic times? I thought it would be of interest to share with you information collected by NCSC’s Budget Resource Center as to what some states have done in response.


Court Review: Volume 44, Issue 4 – From Investigation To Implementation: Factors For Successful Commissions On The Elimination Of Racial And Ethnic Bias, Elizabeth Neeley Jan 2007

Court Review: Volume 44, Issue 4 – From Investigation To Implementation: Factors For Successful Commissions On The Elimination Of Racial And Ethnic Bias, Elizabeth Neeley

Court Review: The Journal of the American Judges Association

In the 1980s, states began to study racial and ethnic bias in their judicial systems. Now that more than 25 states, along with scores of academics, have examined issues of racial fairness in the courts, models and strategies exist for effectively conducting these investigations. The National Center for State Courts, in conjunction with the National Consortium on Racial and Ethnic Bias in the Courts, developed a best practices model for establishing and operating a task force or commission on racial and ethnic bias in the courts. The publication provides guidance on: creating the necessary momentum for establishing a task force ...


Court Review: Volume 44, Issue 4 – Editor’S Note, Steve Leben Jan 2007

Court Review: Volume 44, Issue 4 – Editor’S Note, Steve Leben

Court Review: The Journal of the American Judges Association

One of the great things about editing the journal of the American Judges Association is that you can ask some of the leading experts in various legal fields to write articles for us, and because they will be speaking directly to judges, they usually agree. Our lead article in this issue is a great example.


Court Review: Volume 44, Issue 4 – Cover Jan 2007

Court Review: Volume 44, Issue 4 – Cover

Court Review: The Journal of the American Judges Association

No abstract provided.


Court Review: Volume 44, Issue 3 – In Memory Of Charles H. Whitebread, Steve Leben Jan 2007

Court Review: Volume 44, Issue 3 – In Memory Of Charles H. Whitebread, Steve Leben

Court Review: The Journal of the American Judges Association

On September 16, 2008, the American Judges Association lost its best and most loyal friend. Law professor Charles H. Whitebread died that day of lung cancer at the age of 65.


Court Review: Volume 44, Issue 3 – Selected Criminal Law Cases In The Supreme Court’S 2007-2008 Term, And A Look Ahead, Charles D. Weisselberg Jan 2007

Court Review: Volume 44, Issue 3 – Selected Criminal Law Cases In The Supreme Court’S 2007-2008 Term, And A Look Ahead, Charles D. Weisselberg

Court Review: The Journal of the American Judges Association

The U.S. Supreme Court’s October 2007 Term had a substantial and notable criminal docket. There were very significant Second, Sixth, and Eighth Amendment decisions as well as important rulings relating to basic habeas corpus principles and federal statutes. This article provides a selected overview of the Term with a heavy emphasis on those cases that may have the greatest impact upon the states. The article also suggests some questions left open by the Court’s opinions and provides some preliminary indications of how several decisions are being received in state and federal courts. It concludes with a preview ...


Court Review: Volume 44, Issue 3 – Table Of Contents Jan 2007

Court Review: Volume 44, Issue 3 – Table Of Contents

Court Review: The Journal of the American Judges Association

Charles H. Whitebread by Steve Leben

Selected Criminal Law Cases in the Supreme Court’s 2007-2008 Term, and a Look Ahead by Charles D. Weisselberg

When Should Judges Use Alcohol Monitoring as a Sentencing Option in DWI Cases? by Victor E. Flango and Fred Cheesman

Roadside Seizures of Medical Marijuana: Public Safety and Public Policy as Limitations upon Transporting and the Return of Lawfully Seized Medical Marijuana by Cameron Mostaghim

Editor’s Note

President’s Column

The Resource Page


Court Review: Volume 44, Issue 3 – President’S Column, Tam Schumann Jan 2007

Court Review: Volume 44, Issue 3 – President’S Column, Tam Schumann

Court Review: The Journal of the American Judges Association

In every issue of Court Review, some new members of the American Judges Association are introduced to the AJA through this column. Others turn here for an update. As the AJA’s new president, my first column is a good time to look both backwards at recent activities and forward at the next year’s work.
The AJA today has more than 2,000 members, including judges at all levels of the judiciary—-trial and appellate judges, general-jurisdiction and limited-jurisdiction trial judges, and judges in both the United States and Canada. In fact, we have 150 Canadian members, something that ...


Court Review: Volume 44, Issue 3 – Roadside Seizures Of Medical Marijuana: Public Safety And Public Policy As Limitations Upon Transporting And The Return Of Lawfully Seized Medical Marijuana, Cameron Mostaghim Jan 2007

Court Review: Volume 44, Issue 3 – Roadside Seizures Of Medical Marijuana: Public Safety And Public Policy As Limitations Upon Transporting And The Return Of Lawfully Seized Medical Marijuana, Cameron Mostaghim

Court Review: The Journal of the American Judges Association

In November 2007, a California Court of Appeal issued a decision in Garden Grove v. Superior Court that requires local police officers to return medical marijuana to a qualified patient, despite a lawful search and seizure subsequent to a moving motor vehicle violation. The effect of this ruling, in at least some instances, will be to place marijuana back into the hands of a person who is a risk to public safety while driving under the influence or is engaged in the “diversion” of medical marijuana through unlawful transporting.


Court Review: Volume 44, Issue 3 – Editor’S Note, Steve Leben Jan 2007

Court Review: Volume 44, Issue 3 – Editor’S Note, Steve Leben

Court Review: The Journal of the American Judges Association

This issue marks a transition of significance. For much longer than I’ve been editor, Professor Charlie Whitebread wrote an annual review of the past Term of the United States Supreme Court. He died in September, and we are left without his help in keeping up with the latest developments. We are also left without his great friendship, which is noted in a tribute on page 88. Because our readers and members have known Professor Whitebread for so long, we also note at page 128 a full obituary you can find online.


Court Review: Volume 44, Issue 3 – Complete Issue Jan 2007

Court Review: Volume 44, Issue 3 – Complete Issue

Court Review: The Journal of the American Judges Association

Table of Contents:
Charles H. Whitebread by Steve Leben

Selected Criminal Law Cases in the Supreme Court’s 2007-2008 Term, and a Look Ahead by Charles D. Weisselberg

When Should Judges Use Alcohol Monitoring as a Sentencing Option in DWI Cases? by Victor E. Flango and Fred Cheesman

Roadside Seizures of Medical Marijuana: Public Safety and Public Policy as Limitations upon Transporting and the Return of Lawfully Seized Medical Marijuana by Cameron Mostaghim

Editor’s Note

President’s Column

The Resource Page


Court Review: Volume 44, Issue 4 – Complete Issue Jan 2007

Court Review: Volume 44, Issue 4 – Complete Issue

Court Review: The Journal of the American Judges Association

Table of Contents:
An American Judge at the European Court of Human Rights by Donald Shaver

Punitive Damages After Philip Morris USA v. Williams by Benjamin C. Zipursky

From Investigation to Implementation: Factors for Successful Commissions on the Elimination of Racial and Ethnic Bias by Elizabeth Neeley

Editor’s Note

President’s Column

Court Review: The Ten-Year Index

The Resource Page


Court Review: Volume 44, Issue 3 – Resource Page Jan 2007

Court Review: Volume 44, Issue 3 – Resource Page

Court Review: The Journal of the American Judges Association

Online


Court Review: Volume 44, Issue 3 – When Should Judges Use Alcohol Monitoring As A Sentencing Option In Dwi Cases?, Victor E. Flango, Fred Cheesman Jan 2007

Court Review: Volume 44, Issue 3 – When Should Judges Use Alcohol Monitoring As A Sentencing Option In Dwi Cases?, Victor E. Flango, Fred Cheesman

Court Review: The Journal of the American Judges Association

Traditional sentencing sanctions have not been particularly effective against people caught driving while impaired (DWI) and less so against repeat offenders. Technology has provided judges with some new sentencing options, including various forms of electronic home monitoring. This article takes an initial step toward evaluating the effectiveness of alcohol monitoring as a sentencing option in DWI cases with the goal of eventually determining which types of offenders, if any, would benefit most from alcohol monitoring. The constant monitoring of alcohol consumption is thought to aid rehabilitation by providing a deterrent to drinking and a positive reinforcement to sobriety. It permits ...


Court Review: Volume 44, Issue 1/2 – Adding Color To The White Paper: Time For A Robust Reciprocal Relationship Between Procedural Justice And Therapeutic Jurisprudence, David B. Wexler Jan 2007

Court Review: Volume 44, Issue 1/2 – Adding Color To The White Paper: Time For A Robust Reciprocal Relationship Between Procedural Justice And Therapeutic Jurisprudence, David B. Wexler

Court Review: The Journal of the American Judges Association

Judges Kevin Burke and Steve Leben, in Procedural Fairness: A Key Ingredient in Public Satisfaction, have produced a most impressive White Paper. It is handy, brief, crisp, readable, and immensely practical.

The document draws on, and makes most accessible, the research on procedural justice, demonstrating convincingly the importance of judges understanding and implementing in their courtrooms concepts such as “voice” and “respect.” Judges Burke and Leben claim procedural justice to be “the” critical element in public trust and confidence regarding the court system. They note, too, the role procedural fairness likely plays in increased compliance with court orders and even ...


Court Review: Volume 44, Issue 1/2 – Children And Procedural Justice, Victoria Weisz, Twila Wingrove, April Faith-Slaker Jan 2007

Court Review: Volume 44, Issue 1/2 – Children And Procedural Justice, Victoria Weisz, Twila Wingrove, April Faith-Slaker

Court Review: The Journal of the American Judges Association

The American Judges Association’s White Paper that forms the centerpiece of this issue begins with the recognition that even first graders have an understanding of procedural fairness. Developmental research has indeed established that young children are able to evaluate the fairness of activities and that they have a more positive perception of activities they deem to be more fair. Until recently, however, there has been little concern in the U.S. regarding children’s experiences of legal processes and procedures. In fact, children were not generally expected or encouraged to directly participate in most legal processes, even those where ...