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Articles 1 - 20 of 20
Full-Text Articles in Social and Behavioral Sciences
The Courtroom Technology Wars Are Here!, Fredric I. Lederer
The Courtroom Technology Wars Are Here!, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
Technology Augmented Litigation--Systemic Revolution, Fredric I. Lederer
Technology Augmented Litigation--Systemic Revolution, Fredric I. Lederer
Fredric I. Lederer
This article reviews key aspects of high technology litigation, including technology augmented court records, two-way video arraignment and testimony, and technology based evidence display, and posits some of the critical jurisprudential and pragmatic issues posed by the use of such technologies
An Examination Of Felony Case Processing In The Circuit Court Of Cook County, 2000-2012, Don Stemen
An Examination Of Felony Case Processing In The Circuit Court Of Cook County, 2000-2012, Don Stemen
Don Stemen
This research bulletin provides an examination of felony cases filed in the Circuit Court of Cook County between 2000 and 2012. The examination considers trends in the volume of felony cases filed, the percent of cases disposed of within twelve months of filing, and the average length of time to dispose of cases. The analyses indicate that the number of felony cases filed in Cook County has decreased over the last decade and the percentage of felony cases disposed of within 12 months of filing has increased during the same period. However, the time to case disposition has increased -- …
Judicial Innovation And Sexual Harassment Doctrine In The U.S. Court Of Appeals., Laura P. Moyer, Holley Takersley
Judicial Innovation And Sexual Harassment Doctrine In The U.S. Court Of Appeals., Laura P. Moyer, Holley Takersley
Laura Moyer
The determination that sexual harassment constituted “discrimination based on sex” under Title VII was first made by the lower federal courts, not Congress. Drawing from the literature on policy diffusion, this article examines the adoption of hostile work environment standards across the U.S. Courts of Appeals in the absence of controlling Supreme Court precedent. The results bolster recent findings about the influence of female judges on their male colleagues and suggest that in addition to siding with female plaintiffs, female judges also helped to shape legal rules that promoted gender equality in the workplace.
Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang
Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang
Sean Farhang
The program of regulation through private litigation that Democratic Congresses purposefully created starting in the late 1960s soon met opposition emanating primarily from the Republican party. In the long campaign for retrenchment that began in the Reagan administration, consequential reform proved difficult and ultimately failed in Congress. Litigation reformers turned to the courts and, in marked contrast to their legislative failure, were well-rewarded, achieving growing rates of voting support from an increasingly conservative Supreme Court on issues curtailing private enforcement under individual statutes. We also demonstrate that the judiciary’s control of procedure has been central to the campaign to retrench …
Comparison Excluding Commitments: Incommensurability, Adjudication, And The Unnoticed Example Of Trade Disputes, Sungjoon Cho, Richard Warner
Comparison Excluding Commitments: Incommensurability, Adjudication, And The Unnoticed Example Of Trade Disputes, Sungjoon Cho, Richard Warner
Sungjoon Cho
Penal Culture And Hyperincarceration: The Revival Of The Prison, Alex Steel, Chris Cunneen, David Brown, Eileen Baldry, Melanie Schwartz, Mark Brown
Penal Culture And Hyperincarceration: The Revival Of The Prison, Alex Steel, Chris Cunneen, David Brown, Eileen Baldry, Melanie Schwartz, Mark Brown
David C. Brown
What are the various forces influencing the role of the prison in late modern societies? What changes have there been in penality and use of the prison over the past 40 years that have led to the re-valorization of the prison? Using penal culture as a conceptual and theoretical vehicle, and Australia as a case study, this book analyses international developments in penality and imprisonment. Authored by some of Australia’s leading penal theorists, the book examines the historical and contemporary influences on the use of the prison, with analyses of colonialism, post colonialism, race, and what they term the ‘penal/colonial …
The Rise Of Judicial Governance In The Supreme Court Of India, Manoj Mate
The Rise Of Judicial Governance In The Supreme Court Of India, Manoj Mate
Manoj S. Mate
Halliburton, Basic And Fraud On The Market: The Need For A New Paradigm, Charles W. Murdock
Halliburton, Basic And Fraud On The Market: The Need For A New Paradigm, Charles W. Murdock
Charles W. Murdock
Summary: Halliburton, Basic and Fraud on the Market: The Need for a New Paradigm
If defrauded securities plaintiffs cannot bring a class-action lawsuit, there often will be no effective remedy since the amount at stake for individual plaintiffs is not sufficient to warrant the substantial costs of litigation. To surmount the problem of individualized reliance and establish commonality, federal courts for twenty-five years have been employing the Basic fraud-on-the-market theory which posits that, in an efficient market, investors rely on the integrity of the market price.
While class certification at one time was a matter of course, today it is …
Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron
Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron
Charles H. Baron
In this Article, Professor Baron challenges the position taken recently by Dr. Arnold Relman in this journal that the 1977 Saikewicz decision of the Supreme Judicial Court of Massachusetts was incorrect in calling for routine judicial resolution of decisions whether to provide life-prolonging treatment to terminally ill incompetent patients. First, Professor Baron argues that Dr. Relman's position that doctors should make such decisions is based upon an outmoded, paternalistic view of the doctor-patient relationship. Second, he points out the importance of guaranteeing to such decisions the special qualities of process which characterize decision making by courts and which are not …
Consultation, Daniel Harkness
Consultation, Daniel Harkness
Daniel Harkness
Visionaries once anticipated that consultation would become a significant field of practice in which social workers served as consultants. There are indications that consultation has realized some of that promise in the 21st century, because consultation is second only to direct practice in how licensed social workers spend time at work. And if the primary consumers of social work consultation are social workers themselves, then this reflects a high standard of practice, as seeking case consultation has been codified as a duty in social work codes of ethics, practice standards, and standards of care.
United States Supreme Court Cases From Georgia, Mary Wilson
United States Supreme Court Cases From Georgia, Mary Wilson
Mary Wilson
United States Supreme Court Cases from Georgia.
Doctor Of Business Administration (Dba) Libguide, Mary Wilson
Doctor Of Business Administration (Dba) Libguide, Mary Wilson
Mary Wilson
This guide is created for KSU's DBA students and is useful for research and information. I hope it will be useful for providing help in locating scholarly research. The library has excellent electronic resources, as well as traditional print materials available in the library.
Pro-Prosecution Judges: "Tough On Crime," Soft On Strategy, Ripe For Disqualification, Keith Swisher
Pro-Prosecution Judges: "Tough On Crime," Soft On Strategy, Ripe For Disqualification, Keith Swisher
Keith Swisher
In this Article, I take the most extensive look to date at pro-prosecution judges and ultimately advance the following, slightly scandalous claim: Particularly in our post-Caperton, political-realist world, “tough on crime” elective judges should recuse themselves from all criminal cases. The contextual parts to this claim are, in the main, a threefold description: (i) the "groundbreaking" Caperton v. A.T. Massey Coal decision, its predecessors, and its progeny; (ii) the judicial ethics of disqualification; and (iii) empirical and anecdotal evidence of pro-prosecution (commonly called "tough on crime") campaigns and attendant electoral pressures. Building on this description and the work of empiricists, …
Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan
Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan
Donald J. Kochan
From produce to wine, we only consume things when they are ready. The courts are no different. That concept of “readiness” is how courts address cases and controversies as well. Justiciability doctrines, particularly ripeness, have a particularly important role in takings challenges to permitting decisions. The courts largely hold that a single permit denial does not give them enough information to evaluate whether the denial is in violation of law. As a result of this jurisprudential reality, regulators with discretion have an incentive to use their power to extract rents from those that need their permission. Non-justiciability of permit denials …
Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow
Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow
Donald J. Kochan
Conflicts created by concurrences and pluralities in court decisions create confusion in law and lower court interpretation. Rule of law values require that individuals be able to identify controlling legal principles. That task is complicated when pluralities and concurrences contribute to the vagueness or uncertainty that leaves us wondering what the controlling rule is or attempting to predict what it will evolve to become. The rule of law is at least handicapped when continuity or confidence or confusion infuse our understanding of the applicable rules. This Article uses the recent U.S. Supreme Court decision in Rapanos v. United States to …
The Cy Pres Problem And The Role Of Damages In Tort Law, Goutam U. Jois
The Cy Pres Problem And The Role Of Damages In Tort Law, Goutam U. Jois
Goutam U Jois
Class action litigation presents a common problem that has received little discussion in the academic literature. In almost every case, the plaintiff class’s recovery is not fully distributed. For example, all possible plaintiffs may not come forward with their claims, the plaintiffs may not be ascertainable, or claims may not be timely submitted. Administrators are regularly posed with the problem of what to do with these residual funds. Currently, courts are free to do virtually anything with such funds. The system is ad hoc, unpredictable, and unguided by any normative principle. In these cases, I propose that the funds should …
Setting The Table Doesn't Mean The Guests Will Come To Dinner: Televised Courts In Australia, Jane Johnston
Setting The Table Doesn't Mean The Guests Will Come To Dinner: Televised Courts In Australia, Jane Johnston
Jane Johnston
The Australian courts are entering their second decade of experimentation with televised court proceedings. Yet, the process has been slow and largely unfulfilling for both the courts and the television networks. Developments in this field, compared to other countries, notably the United States, Canada and New Zealand, have progressed only on an ad hoc basis. A preliminary study indicates that the management in television newsrooms, notably news directors, have not been proactive in gaining camera access in any systematic or unified way. Indeed, the courts have argued: “we got the table set but nobody came to dinner”. In contrast, the …
The Many Legal Institutions That Support Contractual Commitment, Gillian K. Hadfield
The Many Legal Institutions That Support Contractual Commitment, Gillian K. Hadfield
Gillian K Hadfield
One of the fundamental contributions of transaction cost theory and institutional economics has been to focus attention on opening the "black box" of contract enforcement, drawing attention to the institutions required to achieve effective and low-cost contract enforcement. The idea that the effectiveness of contract law is critical to the growth of economic activity is widespread in the literature on development and transition economies. Recent studies attempting to document toe relative strength of contract enforcement in different settings (La Porta, et al., 19982; Djankov, et al., 2003), however, have focused on relatively abstract notions of "courts" and "legal systems" and …
Book (Oup): On Law, Politics, And Judicialization: Path Dependence, Precedent, And Judicial Power, Alec Stone Sweet
Book (Oup): On Law, Politics, And Judicialization: Path Dependence, Precedent, And Judicial Power, Alec Stone Sweet
Alec Stone Sweet
No abstract provided.