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Reciprocal Legitimation In The Federal Courts System: Racial Segregation, Reapportionment, And Obergefell Appendix A, Neil S. Siegel 2017 Duke Law School

Reciprocal Legitimation In The Federal Courts System: Racial Segregation, Reapportionment, And Obergefell Appendix A, Neil S. Siegel

Faculty Scholarship

Much scholarship in law and political science has long understood the U.S. Supreme Court to be the “apex” court in the federal judicial system, and so to relate hierarchically to “lower” federal courts. On that top-down view, exemplified by the work of Alexander Bickel and many subsequent scholars, the Court is the principal, and lower federal courts are its faithful agents. Other scholarship takes a bottom-up approach, viewing lower federal courts as faithless agents or analyzing the “percolation” of issues in those courts before the Court decides. This Article identifies circumstances in which the relationship between the Court and ...


Trial And Error: Lawyers And Nonlawyer Advocates, Anna E. Carpenter, Alyx Mark, Colleen Shanahan 2016 University of Tulsa College of Law

Trial And Error: Lawyers And Nonlawyer Advocates, Anna E. Carpenter, Alyx Mark, Colleen Shanahan

Anna E. Carpenter

Nonlawyer advocates are one proposed solution to the access to justice crisis and are currently permitted to practice in some civil justice settings. Theory and research suggest nonlawyers might be effective in some civil justice settings, yet we know very little, empirically, about nonlawyer practice in the United States. Using data from more than 5,000 unemployment insurance appeal hearings and interviews with lawyers and nonlawyers, this article explores how both types of representatives learn to do their work and what this means for their effectiveness. Building on recent research regarding the importance of procedural knowledge and relational expertise as ...


A Case Study On Court Of Appeals Finality, Michael Nolan 2016 New York Court System

A Case Study On Court Of Appeals Finality, Michael Nolan

Michael J. Nolan

The article illustrates the New York Court of Appeals jurisdictional requirement of finality by tracing the history of a case in which leave to appeal was sought, and dismissed, 5 separate times.


Private Interest, Public Sphere: Eliminating The Use Of Commercial Bail Bondsmen In The Criminal Justice, Thanithia Billings 2016 Boston College Law School

Private Interest, Public Sphere: Eliminating The Use Of Commercial Bail Bondsmen In The Criminal Justice, Thanithia Billings

Boston College Law Review

The decision to grant bail is the first contact that a judge has with a defendant. If a defendant is unable to pay the set bail amount, this inability affects nearly every aspect of the defendant’s case from beginning to end. Despite attempts to ensure insolvency does not solely determine pretrial detention, the current bail system, in many cases, ensures just that. Special interest groups, specifically the bail bond industry, oppose any reform efforts that aim to decrease the use of money in the administration of bail. Defendants unable to afford a bail bondsman can spend weeks, months, and ...


Undocumented Immigrants Caught In The Crossfire: Resolving The Circuit Split On “The People” And The Applicable Level Of Scrutiny For Second Amendment Challenges, Maria Stracqualursi 2016 Boston College Law School

Undocumented Immigrants Caught In The Crossfire: Resolving The Circuit Split On “The People” And The Applicable Level Of Scrutiny For Second Amendment Challenges, Maria Stracqualursi

Boston College Law Review

The circuits are currently split as to whether undocumented immigrants are entitled to Second Amendment rights. In 2015, the U.S. Court of Appeals for the Seventh Circuit in U.S. v. Meza-Rodriguez became the first circuit to explicitly hold that undocumented immigrants are part of “the people” referred to in the U.S. Constitution. This case added to the recent explosion in Second Amendment jurisprudence, in which courts have toiled with the scope of the right and what level of scrutiny to apply to constitutional challenges. This Note argues that the U.S. Supreme Court erred in failing to ...


A Second Bite At The Apple: Federal Courts’ Authority To Compel Technical Assistance To Government Agents In Accessing Encrypted Smartphone Data Under The All Writs Act, John L. Potapchuk 2016 Boston College Law School

A Second Bite At The Apple: Federal Courts’ Authority To Compel Technical Assistance To Government Agents In Accessing Encrypted Smartphone Data Under The All Writs Act, John L. Potapchuk

Boston College Law Review

On February 29, 2016, in In re Order Requiring Apple, Inc. Assist in Execution of Search Warrant (“In re Apple, Inc.”) the U.S. District Court for the Eastern District of New York held that the All Writs Act did not provide the legal authority to require Apple Inc. to bypass the encrypted lock-screen passcode of an iPhone for the federal government in order to execute a search warrant. Accordingly, the decision, which was the first of its kind, stripped the government of an investigative tool upon which it had routinely relied since as early as 2008. In In re ...


Recent Decision: Reapportionment And The Courts, 2016 St. John's University School of Law

Recent Decision: Reapportionment And The Courts

The Catholic Lawyer

No abstract provided.


Recent Decision: Impeachment Of Jury Verdicts, 2016 St. John's University School of Law

Recent Decision: Impeachment Of Jury Verdicts

The Catholic Lawyer

No abstract provided.


Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi 2016 University of Georgia School of Law

Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi

Georgia Journal of International & Comparative Law

No abstract provided.


Balancing A Right To Be Forgotten With A Right To Freedom Of Expression In The Wake Of Google Spain V. Aepd, Shaniqua Singleton 2016 University of Georgia School of Law

Balancing A Right To Be Forgotten With A Right To Freedom Of Expression In The Wake Of Google Spain V. Aepd, Shaniqua Singleton

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman 2016 Charles Darwin University School of Law

Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman

Georgia Journal of International & Comparative Law

No abstract provided.


New Judicial Review In Old Europe, Alyssa S. King 2016 Yale University

New Judicial Review In Old Europe, Alyssa S. King

Georgia Journal of International & Comparative Law

No abstract provided.


Spelling Out Spokeo, Craig Konnoth, Seth F. Kreimer 2016 University of Pennsylvania

Spelling Out Spokeo, Craig Konnoth, Seth F. Kreimer

Faculty Scholarship

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 ...


Rethinking Critical Mass In The Federal Appellate Courts., Laura Moyer 2016 University of Louisville

Rethinking Critical Mass In The Federal Appellate Courts., Laura Moyer

Laura Moyer

This article draws from critical mass studies of gender in other political institutions to inform an application to the US Courts of Appeals. The results demonstrate the utility of considering court-level aspects of diversity. As mixed-sex panels become more common within a circuit, both male and female judges increasingly support plaintiffs in civil rights claims, though the magnitude of the effect is larger for women. The presence of a female chief judge is also positively associated with pro-plaintiff decisions by men and women in sex discrimination cases.


Empowering Individual Plaintiffs, Alex Stein, Gideon Parchomovsky 2016 Brooklyn Law School

Empowering Individual Plaintiffs, Alex Stein, Gideon Parchomovsky

Faculty Scholarship

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 ...


Section 7: Immigration Law, Institute of Bill of Rights Law at The College of William & Mary School of Law 2016 College of William & Mary Law School

Section 7: Immigration Law, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Section 6: Immigration, Institute of Bill of Rights Law at The College of William & Mary School of Law 2016 College of William & Mary Law School

Section 6: Immigration, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Section 4: Criminal, Institute of Bill of Rights Law at The College of William & Mary School of Law 2016 College of William & Mary Law School

Section 4: Criminal, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Section 3: Business, Institute of Bill of Rights Law at The College of William & Mary School of Law 2016 College of William & Mary Law School

Section 3: Business, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Section 2: The Court And The 2016 Election, Institute of Bill of Rights Law at The College of William & Mary School of Law 2016 College of William & Mary Law School

Section 2: The Court And The 2016 Election, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


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