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Articles 1 - 8 of 8
Full-Text Articles in Legal Writing and Research
A Synthesis Of The Science And Law Relating To Eyewitness Misidentifications And Recommendations For How Police And Courts Can Reduce Wrongful Convictions Based On Them, Henry F. Fradella
A Synthesis Of The Science And Law Relating To Eyewitness Misidentifications And Recommendations For How Police And Courts Can Reduce Wrongful Convictions Based On Them, Henry F. Fradella
Seattle University Law Review
The empirical literature on perception and memory consistently demonstrates the pitfalls of eyewitness identifications. Exoneration data lend external validity to these studies. With the goal of informing law enforcement officers, prosecutors, criminal defense attorneys, judges, and judicial law clerks about what they can do to reduce wrongful convictions based on misidentifications, this Article presents a synthesis of the scientific knowledge relevant to how perception and memory affect the (un)reliability of eyewitness identifications. The Article situates that body of knowledge within the context of leading case law. The Article then summarizes the most current recommendations for how law enforcement personnel should—and …
Taking The Rule Of Law Seriously, Michele Cotton
Taking The Rule Of Law Seriously, Michele Cotton
University of Massachusetts Law Review
American legal scholars and jurists have given the rule of law their sustained attention, and the international community has treated it as an important measure of societal well-being. But still the rule of law is not taken seriously. For one thing, little effort has been made to craft a definition of the rule of law that is actually useful. And even when legal scholarship does try at empiricism that could illuminate the vitality of our rule of law, it generally starts from the wrong hypotheses and uses the wrong methods. It focuses on how to achieve “access to justice” and …
The Ambiguity And Unfairness Of Dismissing Bad Writing, Benjamin D. Raker
The Ambiguity And Unfairness Of Dismissing Bad Writing, Benjamin D. Raker
Cleveland State Law Review
Courts routinely choose to explicitly dismiss arguments and issues raised by parties, regardless of their merit, based on unexplained determinations that the briefing was bad. This practice, which I call abandonment by poor presentation, is sometimes justified by practicality, by pointing to federal and local rules, by waiver and forfeiture doctrines, and by the norm of party presentation. None of these justifications hold water. I contend that the real reason judges find abandonment by poor presentation is agenda control: judges rely on the practice as a means of retaining control over how they decide cases. This unexplained, poorly justified, and …
Bridging Bisexual Erasure In Lgbt-Rights Discourse And Litigation, Nancy C. Marcus
Bridging Bisexual Erasure In Lgbt-Rights Discourse And Litigation, Nancy C. Marcus
Michigan Journal of Gender & Law
LGBT rights are at the forefront of current legal news, with “gay marriage” and other “gay” issues visible beyond dispute in social and legal discourse in the 21st Century. Less visible are the bisexuals who are supposedly encompassed by the umbrella phrase “LGBT” and by LGBT-rights litigation, but who are often left out of LGBTrights discourse entirely. This Article examines the problem of bisexual invisibility and erasure within LGBT-rights litigation and legal discourse. The Article surveys the bisexual erasure legal discourse to date, and examines the causes of bisexual erasure and its harmful consequences for bisexuals, the broader LGBT community, …
The Great Tactician: The Chief Justice, Obamacare, And Walking The Tightrope Of Partisan Politics, Katherine H. Blankenship
The Great Tactician: The Chief Justice, Obamacare, And Walking The Tightrope Of Partisan Politics, Katherine H. Blankenship
Belmont Law Review
This note argues that true judicial restraint is a fictional impossibility. Any practice of judicial restraint is at the very same moment an exercise of judicial activism because a judge cannot approach the law from a truly objective, mechanical position. Every judicial opinion is influenced not only by the political and moral vantage point of the judge, but also the judge’s policy and societal concerns. This thesis is illustrated by a case study of National Federation of Independent Business v. Sebelius, and, specifically, Chief Justice Roberts’s opinion regarding the individual mandate and the Medicaid provision of the Affordable Care Act. …
Did She Mention My Name?: Citation Of Academic Authority By The Supreme Court Of Canada, 1985-1990, Vaughan Black, Nicholas Richter
Did She Mention My Name?: Citation Of Academic Authority By The Supreme Court Of Canada, 1985-1990, Vaughan Black, Nicholas Richter
Dalhousie Law Journal
Readers of court judgments will have observed that in the course of expressing reasons for the decisions they reach, judges commonly refer to books and articles written by academics. This is not surprising. Many scholarly publications contain information, arguments and opinions pertinent to the choices that judges must make, and lawyers commonly refer to such works in the written and oral arguments they present to courts. We would therefore expect the judges who must assess and respond to such arguments to make mention of that scholarly material. Moreover a certain portion of academic writing-in particular, a preponderance of law review …
A Personal View Of Justice Benjamin N. Cardozo: Recollections Of Four Cardozo Law Clerks, Joseph L. Rauh Jr., Melvin Siegel, Ambrose Doskow, Alan M. Stroock
A Personal View Of Justice Benjamin N. Cardozo: Recollections Of Four Cardozo Law Clerks, Joseph L. Rauh Jr., Melvin Siegel, Ambrose Doskow, Alan M. Stroock
Cardozo Law Review
A personal view of Justice Benjamin N. Cardozo and his approach to the law is perhaps best provided by those who worked under his direct tutelage. Four men who served as law clerks to the Justice during his six year term on the Supreme Court agreed to share their reflections on that experience in this commemorative volume. Joseph Rauh, the Justice's last law clerk, wrote first; his recollections were then circulated among the other three: Melvin Siegel, Ambrose Doskow and Alan M. Stroock. Their responses to Mr. Rauh's memories of the Justice and his judicial style present intriguing contrasts and …
Some Comments On Proposals For Reform Of The Federal Appellate Court System, Terrance Sandalow
Some Comments On Proposals For Reform Of The Federal Appellate Court System, Terrance Sandalow
Law Quadrangle (formerly Law Quad Notes)
In response to growing concern over the rapidly increasing caseloads of the federal courts of appeal, the 92nd Congress established the Commission on Revision of the Federal Court Appellate System. The Commission was instructed "to study the structure and internal procedures of the federal courts of appeal system" and to recommend such "changes in structure or internal procedure as may be appropriate for the expeditious and effective disposition of the caseload of the Federal courts of appeal...."
In April 1975, the Commission issued a preliminary report of its views. Among the recommendations contained in that report was a proposal that …