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Recent Articles in Courts
A Jury Of Whose Peers?: Eliminating Racial Discrimination In Jury Selection Procedures, Hilary Weddell 
Boston College Law School
A Jury Of Whose Peers?: Eliminating Racial Discrimination In Jury Selection Procedures, Hilary Weddell
Boston College Journal of Law & Social Justice
The jury system is intended to instill fairness and increase confidence in the American legal system as a whole. Despite this goal, widespread discrimination remains in jury selection procedures. In order to adequately protect both a defendant’s right to be tried by a jury of his peers and every citizen’s right to participate in the legal system, representativeness should be improved at each of three levels where juror exclusion takes place: (1) the assembly of the jury pool; (2) the issuance of exemptions and excusals from jury service; and (3) the use of peremptory challenges in empanelling the ...
To Free Or Not To Free: Rethinking Release Orders Under The Prison Litigation Reform Act After Brown V. Plata, Kyle T. Sullivan Boston College Law School
To Free Or Not To Free: Rethinking Release Orders Under The Prison Litigation Reform Act After Brown V. Plata, Kyle T. Sullivan
Boston College Journal of Law & Social Justice
The United States Supreme Court made one of its most controversial decisions in recent memory in May 2011. Brown v. Plata involved a class action by inmates in California who alleged that their Eighth Amendment rights had been violated because overcrowding in the State’s prisons prevented access to adequate physical and mental health care. After California failed to comply with previous orders to remedy those conditions, the U.S. District Court for the Eastern District of California ordered the State to reduce its prison population by forty-six thousand inmates. Forced to either affirm the release order and jeopardize public ...
The "Nixon Sabotage": The Political Origins Of The Equal Protection Challenge To The Voting Rights Act, Danieli Evans Boston College Law School
The "Nixon Sabotage": The Political Origins Of The Equal Protection Challenge To The Voting Rights Act, Danieli Evans
Boston College Journal of Law & Social Justice
Critics of the Voting Rights Act argue that the anti-discrimination law requires states to engage in unconstitutional discrimination, as state decisionmakers must be conscious of race in order to ensure that voting policies do not weaken minority representation. This argument relies on the idea that subjective racial motivation is the essence of unconstitutional discrimination (even if benevolent, or to promote racial inclusion). The conventional understanding among constitutional scholars is that this “search for the bigoted decisionmaker” developed in employment and housing discrimination decisions between 1976 and 1979. Previous accounts have not recognized the role that the 1971 school desegregation decision ...
Decision Theory And Babbitt V. Sweet Home: Skepticism About Norms, Discretion, And The Virtues Of Purposivism, Victoria Nourse 
Georgetown University Law Center
Decision Theory And Babbitt V. Sweet Home: Skepticism About Norms, Discretion, And The Virtues Of Purposivism, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
In this writing, the author applies a “decision theory” of statutory interpretation, elaborated recently in the Yale Law Journal, to Professor William Eskridge’s illustrative case, Babbitt v. Sweet Home Chapter of Communities for a Great Oregon. In the course of this application, she takes issue with the conventional wisdom that purposivism, as a method of statutory interpretation, is inevitably a more virtuous model of statutory interpretation. First, the author questions whether we have a clear enough jurisprudential picture both of judicial discretion and legal as opposed to political normativity. Second, she argues that, under decision theory, Sweet Home is ...
Reaching Batson's Challenge Twenty-Five Years Later: Eliminating The Peremptory Challenge And Loosening The Challenge For Cause Standard, Matt Haven 
University of Maryland Francis King Carey School of Law
Reaching Batson's Challenge Twenty-Five Years Later: Eliminating The Peremptory Challenge And Loosening The Challenge For Cause Standard, Matt Haven
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
A Conversation With The Experts: The Future Of Problem-Solving Courts University of Maryland Francis King Carey School of Law
A Conversation With The Experts: The Future Of Problem-Solving Courts
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Effects Of Net-Widening On Minority And Indigent Drug Offenders: A Critique Of Drug Courts, Joel Gross University of Maryland Francis King Carey School of Law
The Effects Of Net-Widening On Minority And Indigent Drug Offenders: A Critique Of Drug Courts, Joel Gross
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Taking A Stand In A Not-So-Perfect World: What’S A Critical Supporter Of Problem-Solving Courts To Do?, Corey Shdaimah University of Maryland Francis King Carey School of Law
Taking A Stand In A Not-So-Perfect World: What’S A Critical Supporter Of Problem-Solving Courts To Do?, Corey Shdaimah
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
A Conversation About Problem-Solving Courts: Take 2, Jane M. Spinak University of Maryland Francis King Carey School of Law
A Conversation About Problem-Solving Courts: Take 2, Jane M. Spinak
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Future Of Problem-Solving Courts: Inside The Courts And Beyond, Stacy Lee Burns University of Maryland Francis King Carey School of Law
The Future Of Problem-Solving Courts: Inside The Courts And Beyond, Stacy Lee Burns
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Community Voice And Justice: An Essay On Problem-Solving Courts As A Proxy For Change, Brenda Bratton Blom, Julie Galbo-Moyes, Robin Jacobs University of Maryland Francis King Carey School of Law
Community Voice And Justice: An Essay On Problem-Solving Courts As A Proxy For Change, Brenda Bratton Blom, Julie Galbo-Moyes, Robin Jacobs
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The “Tomahawk” And The “Healing Balm:” Drug Treatment Courts In Theory And Practice, Richard C. Boldt University of Maryland Francis King Carey School of Law
The “Tomahawk” And The “Healing Balm:” Drug Treatment Courts In Theory And Practice, Richard C. Boldt
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Future Of Problem-Solving Justice: An International Perspective, Greg Berman, Aubrey Fox University of Maryland Francis King Carey School of Law
The Future Of Problem-Solving Justice: An International Perspective, Greg Berman, Aubrey Fox
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Jewish Women Under Siege: The Fight For Survival On The Front Lines Of Love And The Law, Adam H. Koblenz University of Maryland Francis King Carey School of Law
Jewish Women Under Siege: The Fight For Survival On The Front Lines Of Love And The Law, Adam H. Koblenz
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Role Of Courts Vis-À-Vis Legislatures In The Same-Sex Marriage Context: Sexual Orientation As A Suspect Classification, Ingrid M. Lofgren University of Maryland Francis King Carey School of Law
The Role Of Courts Vis-À-Vis Legislatures In The Same-Sex Marriage Context: Sexual Orientation As A Suspect Classification, Ingrid M. Lofgren
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
"We Can't Tell Them Apart": When And How The Court Should Educate Jurors On The Potential Inaccuracies Of Cross-Racial Identifications, Aaron H. Chiu University of Maryland Francis King Carey School of Law
"We Can't Tell Them Apart": When And How The Court Should Educate Jurors On The Potential Inaccuracies Of Cross-Racial Identifications, Aaron H. Chiu
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Diversifying The Delivery Of Legal Services To The Poor By Adding A Reduced Fee Private Attorney Component To The Predominantly Staff Model, Including Through A Judicare Program, Michael A. Millemann University of Maryland Francis King Carey School of Law
Diversifying The Delivery Of Legal Services To The Poor By Adding A Reduced Fee Private Attorney Component To The Predominantly Staff Model, Including Through A Judicare Program, Michael A. Millemann
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Juror Typologies And Dna Comprehension:Who Benefits From Jury Trial Innovations?, Mari Sakiyama, Joel D. Lieberman 
University of Nevada, Las Vegas
Juror Typologies And Dna Comprehension:Who Benefits From Jury Trial Innovations?, Mari Sakiyama, Joel D. Lieberman
Graduate Research Symposium (GCUA)
When DNA evidence is presented in the courtroom, it is typically accompanied by complex testimony conveying information such as the method of generating population frequencies, match criteria and probabilities, as well as laboratory errors and error rates. Although this evidence may have high probative value, the legal community has expressed growing concern regarding jurors’ ability to comprehend it. However, courts have implemented a variety of jury trial innovations to facilitate jurors’ ability to process complex information. Although these innovations may have a positive effect on comprehension of complex trial evidence, it is unclear whether some jurors are more likely to ...
Women’S Representation On The Courts In The Republic Of South Africa, Ruth B. Cowan University of Maryland Francis King Carey School of Law
Women’S Representation On The Courts In The Republic Of South Africa, Ruth B. Cowan
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Does Cutter V. Wilkinson Change The Analysis Of Mandated Dui Treatment Programs?: A Critical Response, Eric L. Sherbine University of Maryland Francis King Carey School of Law
Does Cutter V. Wilkinson Change The Analysis Of Mandated Dui Treatment Programs?: A Critical Response, Eric L. Sherbine
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Popular Institutions
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Duke Law
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College of William & Mary Law School
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