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Articles 1 - 30 of 188

Full-Text Articles in Social and Behavioral Sciences

Perceptions Of Judicial Bias In The Mississippi Judiciary, Allyson Avant May 2020

Perceptions Of Judicial Bias In The Mississippi Judiciary, Allyson Avant

Honors Theses

The purpose of this study is to explore Mississippians’ opinions towards the Mississippi state judiciary and further examine any differences in such opinions across race, gender, knowledge, and education levels. In doing so, it is possible to gain further understanding of the ways that historical context and knowledge influence perceptions of the state judiciary. Data collected from an anonymous survey of approximately 500 individuals shed some light on the perceptions Mississippians have towards the state judiciary. While many of the results were generalizable across various demographics, African Americans consistently held more negative views of their state judiciary than their White ...


Ai In Adjudication And Administration, Cary Coglianese, Lavi M. Ben Dor Feb 2020

Ai In Adjudication And Administration, Cary Coglianese, Lavi M. Ben Dor

Faculty Scholarship at Penn Law

The use of artificial intelligence has expanded rapidly in recent years across many aspects of the economy. For federal, state, and local governments in the United States, interest in artificial intelligence has manifested in the use of a series of digital tools, including the occasional deployment of machine learning, to aid in the performance of a variety of governmental functions. In this paper, we canvas the current uses of such digital tools and machine-learning technologies by the judiciary and administrative agencies in the United States. Although we have yet to see fully automated decision-making find its way into either adjudication ...


Keeping Faith With Nomos, Steven L. Winter Jan 2020

Keeping Faith With Nomos, Steven L. Winter

Touro Law Review

No abstract provided.


The Courtroom Technology Wars Are Here!, Fredric I. Lederer Sep 2019

The Courtroom Technology Wars Are Here!, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.


Technology Augmented Litigation--Systemic Revolution, Fredric I. Lederer Sep 2019

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


Law Library Blog (July 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law Jul 2019

Law Library Blog (July 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


S02, E02: Eviction Part 2 – The Longer Take, Nia Rodgers, Katheryn Howell, Benjamin Teresa, Donna Coghill Jan 2019

S02, E02: Eviction Part 2 – The Longer Take, Nia Rodgers, Katheryn Howell, Benjamin Teresa, Donna Coghill

Civil Discourse Podcast

This podcast is a continuation of the podcast Eviction Part 1. It discusses cases of eviction, how the instability of housing impacts individuals and neighborhoods, section eight and how eviction is just the latest form of dispossession of people. It looks at neighborhoods in Richmond that have seen instability in some form over the last 100 years.


Reconsidering Judicial Independence: Forty-Five Years In The Trenches And In The Tower, Stephen B. Burbank Jan 2019

Reconsidering Judicial Independence: Forty-Five Years In The Trenches And In The Tower, Stephen B. Burbank

Faculty Scholarship at Penn Law

Trusting in the integrity of our institutions when they are not under stress, we focus attention on them both when they are under stress or when we need them to protect us against other institutions. In the case of the federal judiciary, the two conditions often coincide. In this essay, I use personal experience to provide practical context for some of the important lessons about judicial independence to be learned from the periods of stress for the federal judiciary I have observed as a lawyer and concerned citizen, and to provide theoretical context for lessons I have deemed significant as ...


Prosecutorial Misconduct: Typologies And Need For Policy Reform, Rylee Broyles, Tamara J. Lynn Dec 2018

Prosecutorial Misconduct: Typologies And Need For Policy Reform, Rylee Broyles, Tamara J. Lynn

Academic Leadership Journal in Student Research

A gross manifestation of injustice within the criminal justice system, warranting policy development to correct, is the issue of prosecutorial misconduct. There are numerous reasons why misconduct occurs and oftentimes overlooked within the courts. Action must be taken to both prevent and rectify such wrongdoings committed by those whom are presumed to be the most virtuous of our justice system. Future policy action is paramount to the constitutionality of criminal proceedings and the abatement of prosecutorial misconduct in every capacity. The implementation of austere policies would positively impact all criminal defendants whom cross the threshold of a courthouse.


Rights And Retrenchment In The Trump Era, Stephen B. Burbank, Sean Farhang Oct 2018

Rights And Retrenchment In The Trump Era, Stephen B. Burbank, Sean Farhang

Faculty Scholarship at Penn Law

Our aim in this essay is to leverage archival research, data and theoretical perspectives presented in our book, Rights and Retrenchment: The Counterrevolution against Federal Litigation, as a means to illuminate the prospects for retrenchment in the current political landscape. We follow the scheme of the book by separately considering the prospects for federal litigation retrenchment in three lawmaking sites: Congress, federal court rulemaking under the Rules Enabling Act, and the Supreme Court. Although pertinent data on current retrenchment initiatives are limited, our historical data and comparative institutional perspectives should afford a basis for informed prediction. Of course, little in ...


Law Library Blog (September 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law Sep 2018

Law Library Blog (September 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


What Makes A Good Judge?, Brian M. Barry Jun 2018

What Makes A Good Judge?, Brian M. Barry

Reports

This article overviews research demonstrating the factors beyond the law that can affect judicial decision-making.


Deference To Deference: Examining The Relationship Between The Courts And The Political Branches Through Judicial Deference And The Chevron Doctrine, Christopher Yao Jun 2018

Deference To Deference: Examining The Relationship Between The Courts And The Political Branches Through Judicial Deference And The Chevron Doctrine, Christopher Yao

Honors Theses

Judicial review of agency rulemaking sits atop a nexus between all three branches of American government, the legislature, the executive, and the judiciary. Chevron v. NRDC (1984), a landmark case in administrative law, and its resulting doctrine of strong judicial deference to agencies in their interpretations of statute, are paradoxical in their creation. Although Chevron was decided at the height of Reagan-era deregulation, it greatly enhanced the power of administrative agencies, allowing them to reinterpret the meaning of their statutory directives as needed to justify changes to regulations with less scrutiny from the courts. It is only in recent years ...


Patriarchy And The Structure Of Employment In Criminal Justice: Differences In The Experiences Of Men And Women Working In The Legal Profession, Corrections, And Law Enforcement, Candice Batton, Emily M. Wright Apr 2018

Patriarchy And The Structure Of Employment In Criminal Justice: Differences In The Experiences Of Men And Women Working In The Legal Profession, Corrections, And Law Enforcement, Candice Batton, Emily M. Wright

Criminology and Criminal Justice Faculty Publications

Feminist scholars have long argued that patriarchy affects the structure and organization of society as well as the lived experiences of men and women. Although often referenced in discussions of gender differences in crime and justice, few have articulated more specifically the link between patriarchy and gender differences in the experiences of men and women as victims, offenders, or workers. We take up the challenge to theorize patriarchy and examine the extent to which it operates as an organizing principle with regard to employment in the criminal justice system. We consider differences in the representation of men and women working ...


Aspirations Of Objectivity: Systemic Illusions Of Justice In The Biased Courtroom, Meagan B. Roderique Jan 2018

Aspirations Of Objectivity: Systemic Illusions Of Justice In The Biased Courtroom, Meagan B. Roderique

Scripps Senior Theses

Given the ever-growing body of evidence surrounding implicit bias in and beyond the institution of the law, there is an equally growing need for the law to respond to the accurate science of prejudice in its aspiration to objective practice and just decision-making. Examined herein are the existing legal conceptualizations of implicit bias as utilized in the courtroom; implicit bias as peripheral to law and implicit bias as effectual in law, but not without active resolution. These views and the interventional methods, materials, and procedures they inspire are widely employed to appreciably “un-bias” legal actors and civic participants; however, without ...


An Examination Of Felony Case Processing In The Circuit Court Of Cook County, 2000-2012, Don Stemen Oct 2017

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 -- for ...


Examining The Processes Of Social Construction On Decision-Making In Domestic Violence Probation Review Hearings, Danielle M. Romain May 2017

Examining The Processes Of Social Construction On Decision-Making In Domestic Violence Probation Review Hearings, Danielle M. Romain

Theses and Dissertations

In domestic violence courts, judges and other court actors are often trained on one particular model of understanding domestic violence: the Duluth model of violence as power and control. There are, however, different theories and discourses about the causes and nature of domestic violence. Further, specialized domestic violence courts, which have become more prevalent since the 1990s, employ a problem-solving approach to domestic violence, focusing on offender accountability, rehabilitation, and victim safety. Whether these courts reduce violence and increase safety is less clear. Further, limited research exists on how offenders are processed through these courts, including post-sentencing decision-making. Given the ...


The Impact Of American Sign Language Interpreter Licensure Laws On D/Deaf Defendants In Criminal Cases, Kymberly Marie Couch May 2017

The Impact Of American Sign Language Interpreter Licensure Laws On D/Deaf Defendants In Criminal Cases, Kymberly Marie Couch

Boise State University Theses and Dissertations

The Americans with Disabilities Act (ADA) is a federal law which, among many other regulations, requires that d/Deaf individuals involved in criminal cases be provided with a qualified interpreter of their language, usually American Sign Language (ASL). A qualified interpreter is not defined within the law and states are left to determine what does or does not constitute qualified. This study analyzes the various ways in which d/Deaf individuals should be treated differently within the justice system due to their differences in communication, as well as how statutes defining the qualification of interpreters may be most inclusive of ...


Surveying The Landscape As Technology Revolutionizes Media Coverage Of Appellate Courts, Howard J. Bashman Apr 2017

Surveying The Landscape As Technology Revolutionizes Media Coverage Of Appellate Courts, Howard J. Bashman

The Journal of Appellate Practice and Process

No abstract provided.


Reverse Civic And Legal Exclusions For Persons With Criminal Charges And Convictions, Carrie Pettus-Davis, Matthew W. Epperson, Annie Grier Mar 2017

Reverse Civic And Legal Exclusions For Persons With Criminal Charges And Convictions, Carrie Pettus-Davis, Matthew W. Epperson, Annie Grier

Center for Social Development Research

This policy action statement was developed by members of the network engaged in the Grand Challenge to Promote Smart Decarceration. The Grand Challenges initiative’s policy action statements present proposals emerging from Social Innovation for America’s Renewal, a policy conference organized by the Center for Social Development at Washington University in collaboration with theAmerican Academy of Social Work & Social Welfare, which is leading the Grand Challenges for Social Work initiative to champion social progress through a national agenda powered by science.


The Bylaw Puzzle In Delaware Corporate Law, David A. Skeel Jr. Jan 2017

The Bylaw Puzzle In Delaware Corporate Law, David A. Skeel Jr.

Faculty Scholarship at Penn Law

In less than a decade, Delaware’s legislature has overruled its courts and reshaped Delaware corporate law on two different occasions, with proxy access bylaws in 2009 and with shareholder litigation bylaws in 2015. Having two dramatic interventions in quick succession would be puzzling under any circumstances. The interventions are doubly puzzling because with proxy access, Delaware’s legislature authorized the use of bylaws or charter provisions that Delaware’s courts had banned; while with shareholder litigation, it banned bylaws or charter provisions that the courts had authorized. This Article attempts to unravel the puzzle.

I start with corporate law ...


Empowering Individual Plaintiffs, Alex Stein, Gideon Parchomovsky Jan 2017

Empowering Individual Plaintiffs, Alex Stein, Gideon Parchomovsky

Faculty Scholarship at Penn Law

The individual plaintiff plays a critical—yet, underappreciated—role in our legal system. Only lawsuits that are brought by individual plaintiffs allow the law to achieve the twin goals of efficiency and fairness. The ability of individual plaintiffs to seek justice against those who wronged them deters wrongdoing, ex ante, and in those cases in which a wrong has been committed nevertheless, it guarantees the payment of compensation, ex post. No other form of litigation, including class actions and criminal prosecutions, or even compensation funds, can accomplish the same result. Yet, as we show in this Essay, in many key ...


Judicial Innovation And Sexual Harassment Doctrine In The U.S. Court Of Appeals., Laura P. Moyer, Holley Takersley Sep 2016

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 Aug 2016

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 ...


Administrative Law: The U.S. And Beyond, Cary Coglianese Jul 2016

Administrative Law: The U.S. And Beyond, Cary Coglianese

Faculty Scholarship at Penn Law

Administrative law constrains and directs the behavior of officials in the many governmental bodies responsible for implementing legislation and handling governance responsibilities on a daily basis. This field of law consists of procedures for decision making by these administrative bodies, including rules about transparency and public participation. It also encompasses oversight practices provided by legislatures, courts, and elected executives. The way that administrative law affects the behavior of government officials holds important implications for the fulfillment of democratic principles as well as effective governance in society. This paper highlights salient political theory and legal issues fundamental to the U.S ...


Actions Speak Louder Than Images: The Use Of Neuroscientific Evidence In Criminal Cases, Stephen J. Morse Jun 2016

Actions Speak Louder Than Images: The Use Of Neuroscientific Evidence In Criminal Cases, Stephen J. Morse

Faculty Scholarship at Penn Law

This invited commentary for Journal of Law & the Biosciences considers four empirical studies previously published in the journal of the reception of neuroscientific evidence in criminal cases in the United States, Canada, England and Wales, and the Netherlands. There are conceded methodological problems with all, but the data are nonetheless instructive and suggestive. The thesis of the comment is that the courts are committing the same errors that have bedeviled the reception of psychiatric and psychological evidence. There is insufficient caution about the state of the science, and more importantly, there is insufficient understanding of the relevance of the neuroscientific ...


Ready, Set, And Go Back: The Role Of The Judiciary In Brazil’S Bingo Ban, Luiza Jobim Llm, Toni Williams Jun 2016

Ready, Set, And Go Back: The Role Of The Judiciary In Brazil’S Bingo Ban, Luiza Jobim Llm, Toni Williams

International Conference on Gambling & Risk Taking

Brazil, the host of the 2014 World Cup and the 2016 Olympics, is known for strong competitive traditions in sports and games. It is also one of only three G-20 countries (together with Saudi Arabia and Indonesia) that currently bans non-state provision of gambling products. Bingo was a notable exception to this prohibition, after enabling legislation was enacted in 1993, with the intention that proceeds would help fund national sports development. The game quickly became very popular but there were persistent questions about, and contestations over, the capacity of the regulatory framework to control the dual risks of exploitation of ...


Hogg, Karen (Fa 842), Manuscripts & Folklife Archives Feb 2016

Hogg, Karen (Fa 842), Manuscripts & Folklife Archives

FA Finding Aids

Finding aid only for Folklife Archives Project 842. This collection “Same Sex Marriage and the Law: An Oral History Project” is comprised of 16 interviews with attorneys--who participated in the 2013 case of Obergefell v. Hodges that challenged Kentucky’s laws related to recognition of same-sex marriages--and couples involved in the movement who sought change and hope for equality.


Comparison Excluding Commitments: Incommensurability, Adjudication, And The Unnoticed Example Of Trade Disputes, Sungjoon Cho, Richard Warner Jan 2016

Comparison Excluding Commitments: Incommensurability, Adjudication, And The Unnoticed Example Of Trade Disputes, Sungjoon Cho, Richard Warner

All Faculty Scholarship

We claim that there are important cases of “incommensurability” in public policymaking, in which all relevant reasons are not always comparable on a common scale as better, worse, or equally good. Courts often fail to confront this. We are by no means the first to contend that incommensurability exists. Yet incommensurability’s proponents have failed to sway the courts mainly because they overlook the fact that there are two types of incommensurability. The first (“incompleteness incommensurability”) consists of the lack of any appropriate metric for making the comparison. We argue that this type of incommensurability is relatively unproblematic in that ...


Spelling Out Spokeo, Craig Konnoth, Seth F. Kreimer Jan 2016

Spelling Out Spokeo, Craig Konnoth, Seth F. Kreimer

Faculty Scholarship at Penn Law

For almost five decades, the injury-in-fact requirement has been a mainstay of Article III standing doctrine. Critics have attacked the requirement as incoherent and unduly malleable. But the Supreme Court has continued to announce “injury in fact” as the bedrock of justiciability. In Spokeo v. Robins, the Supreme Court confronted a high profile and recurrent conflict regarding the standing of plaintiffs claiming statutory damages. It clarified some matters, but remanded the case for final resolution. This Essay derives from the cryptic language of Spokeo a six stage process (complete with flowchart) that represents the Court’s current equilibrium. We put ...