Open Access. Powered by Scholars. Published by Universities.®

Courts Commons

Open Access. Powered by Scholars. Published by Universities.®

11,989 Full-Text Articles 8,362 Authors 3,852,005 Downloads 193 Institutions

All Articles in Courts

Faceted Search

11,989 full-text articles. Page 1 of 229.

A Comparison Of Public Defenders Vs. Private Attorneys, Tiffany Costello 2021 Merrimack College

A Comparison Of Public Defenders Vs. Private Attorneys, Tiffany Costello

Honors Senior Capstone Projects

This study seeks to determine whether there are any differences in conviction rates or client satisfaction between public defenders and private attorneys in state or federal courts. Although researchers have spent time examining differences between attorney type and client satisfaction or conviction rates, little information exists on the assessment of attorney type in the federal system. The study will consist of a two-part survey with approximately twenty-seven closed-ended questions about client satisfaction, conviction, court, and attorney type. The target population will be any criminal defendant in federal or state court with an attorney. In this study, the sampling method will ...


The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr. 2020 University of Tsukuba

The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.

Seattle Journal of Technology, Environmental & Innovation Law

In 1954, when historically significant clays and clay pots were found in the Iba district of Shizuoka prefecture, the city applied to the prefectural education committee for a historic site designation. The committee granted this designation to the city..

However, in 1973 the education committee lifted its permission to promote development around the location. Historians have sought revocation of this decision under the Administrative Case Litigation Act (ACLA), but the Supreme Court has denied standing. By denying standing, the Japanese Supreme Court allows the prefecture to destroy a historical site.

First, this paper seeks to discuss the doctrine of standing ...


The Kavanaugh Court And The Schechter-To-Chevron Spectrum: How The New Supreme Court Will Make The Administrative State More Democratically Accountable, Justin Walker 2020 University of Louisville School of Law

The Kavanaugh Court And The Schechter-To-Chevron Spectrum: How The New Supreme Court Will Make The Administrative State More Democratically Accountable, Justin Walker

Indiana Law Journal

In a typical year, Congress passes roughly 800 pages of law—that’s about a seveninch

stack of paper. But in the same year, federal administrative agencies promulgate

80,000 pages of regulations—which makes an eleven-foot paper pillar. This move

toward electorally unaccountable administrators deciding federal policy began in

1935, accelerated in the 1940s, and has peaked in the recent decades. Rather than

elected representatives, unelected bureaucrats increasingly make the vast majority

of the nation’s laws—a trend facilitated by the Supreme Court’s decisions in three

areas: delegation, deference, and independence.

This trend is about to be ...


Article Iii Adultification Of Kids: History, Mystery, And Troubling Implications Of Federal Youth Transfers, Mae C. Quinn, Grace R. McLaughlin 2020 University of Florida Levin College of Law

Article Iii Adultification Of Kids: History, Mystery, And Troubling Implications Of Federal Youth Transfers, Mae C. Quinn, Grace R. Mclaughlin

Washington and Lee Journal of Civil Rights and Social Justice

There is no federal juvenile court system in the United States. Rather, teens can face charges in Article III courts and can be transferred to be tried and sentenced as adults in these venues. This Article is the first of two articles in the Washington and Lee Journal of Civil Rights and Social Justice seeking to shed light on the largely invisible processes and populations involved in federal youth prosecution. This Article focuses on the federal transfer and prosecution of American youth as adults. It considers constitutional and statutory law relating to these federal transfers and then considers why current ...


Breaking Down The Wall Around Judicial Review In The Immigration Context: Examining Whether § 1252(G) Precludes Review Of Noncitizen Ftca Claims For Wrongful Removal In Violation Of A Court Order, Carmella R. O'Hanlon 2020 Boston College Law School

Breaking Down The Wall Around Judicial Review In The Immigration Context: Examining Whether § 1252(G) Precludes Review Of Noncitizen Ftca Claims For Wrongful Removal In Violation Of A Court Order, Carmella R. O'Hanlon

Boston College Law Review

On August 9, 2018, the Ninth Circuit Court of Appeals in Arce v. United States held that a jurisdiction-stripping provision of the Immigration and Nationality Act does not preclude judicial review of damages claims brought by noncitizens. The Ninth Circuit’s holding opened the door for noncitizens who were wrongfully removed from the United States in violation of a court order or automatic stay to pursue damages. In doing so, the Ninth Circuit departed from the Eighth Circuit Court of Appeals, which held that the Act precluded noncitizens’ damages claims. This Comment argues that the Ninth Circuit’s holding was ...


What You Don’T Know Can’T Hurt You Unless You Work For Jpmorgan Chase: The Fifth Circuit’S Refusal To Notify Potential Flsa Plaintiffs Under Arbitration Agreements, Christian Villanueva 2020 Boston College Law School

What You Don’T Know Can’T Hurt You Unless You Work For Jpmorgan Chase: The Fifth Circuit’S Refusal To Notify Potential Flsa Plaintiffs Under Arbitration Agreements, Christian Villanueva

Boston College Law Review

On February 21, 2019, the United States Court of Appeals for the Fifth Circuit held in In re JPMorgan Chase & Co. that district courts may not send or require notice of a pending Fair Labor Standards Act collective action to employees bound by arbitration agreements. The decision represented a matter of first impression among the federal courts of appeals. This Comment argues that the Fifth Circuit’s decision correctly applied the 1989 Supreme Court case, Hoffmann-La Roche v. Sperling, which gave district courts the power to facilitate notice in collective actions, to the new reality of arbitration agreements. This Comment ...


In Or Out: Calculation Of The Medical Loss Ratio And Its Effect On The Affordable Care Act, Cynthia Yi 2020 Boston College Law School

In Or Out: Calculation Of The Medical Loss Ratio And Its Effect On The Affordable Care Act, Cynthia Yi

Boston College Law Review

On March 18, 2019, the United States Court of Appeals for the Ninth Circuit held, in Morris v. California Physicians’ Service, that when calculating the Medical Loss Ratio (MLR) provision of the Patient Protection and Affordable Care Act (ACA), there is no distinction between services from in-network or out-of-network providers. Specifically, the Ninth Circuit held that the numerator of the MLR may include out-of-network services as part the insurance company’s incurred claims. The Ninth Circuit was the first to interpret the MLR provision and address whether there was any basis in the language or spirit of the ACA to ...


When Will Asylum Law Protect Women?: The Abusive Relationship Between Agency Decision Making And Asylum Claims Involving Domestic Violence, Hannah Cohen 2020 Boston College Law School

When Will Asylum Law Protect Women?: The Abusive Relationship Between Agency Decision Making And Asylum Claims Involving Domestic Violence, Hannah Cohen

Boston College Law Review

Over the past several decades, applications for asylum by women who claim membership in a particular social group related to domestic violence have been largely unsuccessful. Attitudes regarding violence against women, the asylum requirements, and the failure to explicitly include gender as a protected group under both domestic and international law contribute to the difficulty that women face in asserting these claims. In addition, the volatile nature of agency decision making, bolstered by the broad deference afforded to agencies by federal courts under Chevron and Brand X, make outcomes inconsistent and unpredictable. During the summer of 2018, Attorney General Jeff ...


The Right To A Public Trial In The Time Of Covid-19, Stephen E. Smith 2020 Santa Clara University

The Right To A Public Trial In The Time Of Covid-19, Stephen E. Smith

Washington and Lee Law Review Online

Maintaining social distance in the time of COVID-19 is a public health priority. A crowded courtroom is an environment at odds with public health needs. Accordingly, until science determines otherwise, it will be necessary for judges to manage courtroom attendance and exclude the public from trials, wholly or in part. Courtrooms may be closed to the public, despite the Sixth Amendment’s right to a public trial, when the closure is justified by a strong government interest and is narrowly tailored to further that interest. Typically, this heightened scrutiny is applied on a case-by-case basis and turns on a case ...


Paving The Way For Recognizing Postpenetration Rape Through The Mistake Of Fact Defense, Katherine M. King 2020 Boston College Law School

Paving The Way For Recognizing Postpenetration Rape Through The Mistake Of Fact Defense, Katherine M. King

Boston College Law Review

On February 13, 2019, the Massachusetts Supreme Judicial Court in Commonwealth v. Sherman introduced a communication element in rape cases involving withdrawn consent. The prosecutor must prove that the victim communicated the revocation of consent such that a reasonable defendant would understand its withdrawal. In doing so, the court invoked a mistake of fact defense with regard to consent, which Massachusetts historically did not apply in its rape jurisprudence. This Comment notes that Massachusetts is unique in recognizing postpenetration rape as a legal possibility. This Comment compares Sherman to the Supreme Judicial Court’s decision in 2008 in Commonwealth v ...


Models Of Pre-Promulgation Review Of Legislation, Rachel Myers 2020 Indiana University Maurer School of Law

Models Of Pre-Promulgation Review Of Legislation, Rachel Myers

Indiana Journal of Constitutional Design

Pre-promulgation review seeks to harmonize legislation with the constitution by engaging in a dialogue among government institutions that seeks to prevent unconstitutional legislation from becoming law. Pre-promulgation review is an integral part of the lawmaking process, and this study seeks to unite scholarship on different methods of this review in a comparative survey to assist lawyers, policymakers, and scholars. A wide range of institutions may fulfill the function of reviewing proposed legislation for compliance with the constitution or other codes of national importance prior to their passage into law. Because of this diversity, scholarship on the topic of pre-promulgation review ...


The Death Of The Autonomous Venezuelan Judiciary, Amid Bennaim 2020 University of Miami Law School

The Death Of The Autonomous Venezuelan Judiciary, Amid Bennaim

University of Miami Inter-American Law Review

Access to impartial and effective courts is the cornerstone of democratic civil society. When the intention of political actors is to extinguish democratic civil society, they often wear away at the autonomy of the judiciary. International law and the constitutions of many states throughout the world guarantee access to autonomous courts. Despite having such guarantees in place, the government of the Bolivarian Republic of Venezuela has consistently attacked the judiciary in order to erode its autonomy and bring it under political control. Strategies used to achieve that goal include purging judges, intimidating them, and preventing judges from getting tenure. As ...


Concerning Behavior: Do A Public Employee’S Free Association Claims Share The Public Concern Requirement Of Free Speech Claims?, Samuel Barrows 2020 Boston College Law School

Concerning Behavior: Do A Public Employee’S Free Association Claims Share The Public Concern Requirement Of Free Speech Claims?, Samuel Barrows

Boston College Law Review

On September 28, 2018, the Third Circuit Court of Appeals held, in Palardy v. Township of Millburn, that it would not apply the public concern test from Connick v. Myers to public employees’ First Amendment free association claims. The Circuits are split on whether to apply the public concern test: the Second, Fourth, Sixth, and Seventh Circuits apply the test; the Fifth and Eleventh Circuits do not apply it; and the Ninth and Tenth Circuits take hybrid approaches. This comment argues that the Third Circuit mischaracterized its holding, and its approach resembles the hybrid approach of the Tenth Circuit more ...


Cryptocurrencies' Revolt Against The Bsa: Why The Supreme Court Should Hold That The Bank Secrecy Act Violates The Fourth Amendment, Jeremy Ciarabellini 2020 Seattle University School of Law

Cryptocurrencies' Revolt Against The Bsa: Why The Supreme Court Should Hold That The Bank Secrecy Act Violates The Fourth Amendment, Jeremy Ciarabellini

Seattle Journal of Technology, Environmental & Innovation Law

The Bank Secrecy Act (BSA) creates a Hobson’s choice: one must either struggle to function in modern society without a bank account or submit to financial surveillance by the government. Both choices result in drastic consequences.


Digital Court Records Access: Social Justice And Judicial Balancing, Peter J. Guffin 2020 University of Maine School of Law

Digital Court Records Access: Social Justice And Judicial Balancing, Peter J. Guffin

Maine Law Review

With its transition from paper to electronic records, the state court system in Maine is entering new, uncharted territory. In drafting rules regarding public access to electronic court records, a critical issue facing the court system is how to go about balancing the privacy interests of the individual and the state’s interest in providing transparency about the court’s operations. Both interests are important in our democracy, and it is critical that we take measures to preserve both. The purpose of writing this essay is to show that Judge Coffin’s judicial philosophy and rights-sensitive balancing process, although the ...


Saints And Sinners: Is An Insurance Policy Required To Indemnify The Church For The Wrongful Acts Of Sexual Misconduct By Priests?, Cassidy J. Seamon 2020 Boston College Law School

Saints And Sinners: Is An Insurance Policy Required To Indemnify The Church For The Wrongful Acts Of Sexual Misconduct By Priests?, Cassidy J. Seamon

Boston College Law Review

On September 19, 2018, the United States Court of Appeals for the Second Circuit’s holding in Hartford Roman Catholic Diocesan Corp. v. Interstate Fire & Casualty Co. created two circuit splits regarding the interpretation of Interstate Fire and Casualty Co.’s insurance policy provisions, particularly in the context of indemnification for sexual abuse settlements. Hartford held that in insurance policy interpretation the presence of an occurrence is determined by a subjective test of expectation from the standpoint of the insured. The Second Circuit also held that the assault and battery exclusion excluded only those insureds that committed the assault and ...


Stare Decisis And The Supreme Court(S): What States Can Learn From Gamble, Zachary B. Pohlman 2020 Notre Dame Law School

Stare Decisis And The Supreme Court(S): What States Can Learn From Gamble, Zachary B. Pohlman

Notre Dame Law Review

While almost all questions before the Supreme Court require statutory or constitutional interpretation, state courts of last resort occupy a unique place in the American judicial landscape. As common-law courts, state supreme courts are empowered to develop common-law doctrines in addition to interpreting democratically enacted texts. This Note argues that these two distinct state court functions—interpretation of statutes and constitutions, and common-law judging—call for two distinct approaches to stare decisis, a distinction that is often muddied in practice. Justice Thomas’s concurrence in Gamble v. United States provides the framework for each approach, a framework based on the ...


Lessons Learned, Lessons Offered: Creating A Domestic Violence Drug Court, Judge Rosie Speedlin Gonzalez, Dr. Stacy Speedlin Gonzalez 2020 Bexar County Court at Law #13

Lessons Learned, Lessons Offered: Creating A Domestic Violence Drug Court, Judge Rosie Speedlin Gonzalez, Dr. Stacy Speedlin Gonzalez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Can We Have Our Cake And Eat It Too?: What Masterpiece Cakeshop And Religious Refusals Mean For Texas’S Adoption Bill, Nadeen Abou-Hossa 2020 St. Mary's University

Can We Have Our Cake And Eat It Too?: What Masterpiece Cakeshop And Religious Refusals Mean For Texas’S Adoption Bill, Nadeen Abou-Hossa

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Precedent Within The High Court, Kwan Ho LAU 2020 Singapore Management University

Precedent Within The High Court, Kwan Ho Lau

Research Collection School Of Law

A number of Masters and a Registrar have recently indicated that they, when exercising High Court jurisdiction, are not bound strictly to follow prior decisions made by Judges in the High Court. This represents a notable departure from the position established by and within the High Court, where since the Judicature Acts of 1873 and 1875 an unquestioning obeisance of the Master and Registrar towards such decisions has been generally expected and offered. Delving into questions of power, authority and jurisdiction, and examining relevant legislation such as the Civil Procedure Rules, this article constructs and analyses various arguments for and ...


Digital Commons powered by bepress