The Routinization Of Debt Collection: An Essay On Social Change And Conflict In The Courts, 2015 Berkeley Law
The Routinization Of Debt Collection: An Essay On Social Change And Conflict In The Courts, Robert Kagan
Robert Kagan
No abstract provided.
In The Eye Of The Beholder: Tort Litigants' Evaluations Of Their Experiences In The Civil Justice System, 2015 Berkeley Law
In The Eye Of The Beholder: Tort Litigants' Evaluations Of Their Experiences In The Civil Justice System, E. Lind, Robert Maccoun, Patricia Ebener, William Felstiner
Robert MacCoun
Little is known about the reactions of tort litigants to traditional and alternative litigation procedures. To explore this issue, we interviewed litigants in personal injury cases in three state courts whose cases had been resolved by trial, court-annexed arbitration, judicial settlement conferences, or bilateral settlement. The litigants viewed the trial and arbitration procedures as fairer than bilateral settlement, apparently because they believed that trials and arbitration hearings gave their case more respectful treatment. They were less satisfied with the outcome of judicial settlement conferences than with the outcome of bilateral settlements, because judicial settlement conference outcomes were more likely to …
China's Judicial System And Judicial Reform, 2015 University of Michigan Law School
China's Judicial System And Judicial Reform, Nicholas Howson
Nicholas Howson
The following is an extract from the statement delivered by Michigan Law School Professor Nicholas Howson at the inaugural “China-U.S. Rule of Law Dialogue” held at Beijing’s Tsinghua University July 29-30, 2010, and convened by Tsinghua Law Dean Wang Zhenmin and Harvard Law School Professor and East Asian Legal Studies Director William Alford, and with the support of the China-United States Exchange Foundation chaired by C.H. Tung, first chief executive and president of the Executive Council of the Hong Kong Special Administrative Region. The dialogue was organized as a private meeting between senior PRC law professors and U.S.-based Chinese law …
Standing The Test Of Time: The Breadth Of Majority Coalitions And The Fate Of U.S. Supreme Court Precedents, 2015 Duke Law School
Standing The Test Of Time: The Breadth Of Majority Coalitions And The Fate Of U.S. Supreme Court Precedents, Stuart Benjamin, Bruce Desmarais
Bruce A. Desmarais
Should a strategic Justice assemble a broader coalition for the majority opinion than is necessary, even if that means accommodating changes that move the opinion away from the author’s ideal holding? If the author’s objective is to durably move the law to his or her ideal holding, the conventional answer is no, because there is a cost and no corresponding benefit. We consider whether attracting a broad majority coalition can placate future courts. Controlling for the size of the coalition, we find that cases with ideologically narrow coalitions are more likely to be treated negatively by later courts. Specifically, adding …
The Center Of The Center For Alternative Dispute Resolution, 2015 Selected Works
The Center Of The Center For Alternative Dispute Resolution, Wayne Brazil
Wayne Brazil
Hawaii was one of the first states to establish within its judiciary a Center for Alternative Dispute Resolution. The Center's mission is: to mediate major public policy disputes and to facilitate policy formulation dialogues, to design and help implement mediation and other ADR programs for state and local governmental agencies, to provide education about and training in mediation for the public and for employees of state and local government, and to oversee the extensive network of community mediation centers that provide grass-roots mediation services throughout the Islands. In November of 2005 the Center celebrated its 20th anniversary by sponsoring various …
Responding To Foreclosures In Cuyahoga County: An Assessment Of Progress, 2015 Cleveland State University
Responding To Foreclosures In Cuyahoga County: An Assessment Of Progress, Alan Weinstein, Kathryn Hexter, Molly Schnoke
Kathryn W. Hexter
In August 2006, Cleveland State University was asked to conduct an initial assessment of the Cuyahoga County Commissioners' Report and Recommendations on Foreclosure that would assist the county in planning for future phases of the project. This report presents the findings of this initial assessment of the first 18 months of the initiative. It documents the process undertaken by the county, assesses the progress made toward reaching goals, identifies successes and concerns, and offers some preliminary recommendations about program operations. It also offers suggestions for a more formal evaluation process going forward
Responding To Foreclosures In Cuyahoga County: A Pilot Initiative, Interim Report, 2015 Cleveland State University
Responding To Foreclosures In Cuyahoga County: A Pilot Initiative, Interim Report, Alan Weinstein, Kathryn Hexter, Molly Schnoke
Kathryn W. Hexter
The Center for Civic Education and the Cleveland-Marshall College of Law released their report, on May 12, 2008. The report, prepared for the Cuyahoga County Board of Commissioners, is an assessment of the County's comprehensive approach to addressing foreclosures on two levels: 1) Making foreclosure proceedings faster and fairer and 2) Creating an early intervention program to help residents prevent foreclosure.
The Cleveland Housing Court Act: New Answer To An Old Problem, 2015 Selected Works
The Cleveland Housing Court Act: New Answer To An Old Problem, Frederic White
Frederic White Jr
This Article will critically examine the Housing Court's historical setting, constitutional foundation and jurisdictional powers. In addition, comparison with systems established in other states provides possible alternative suggestions for successful operation. Finally, an in-depth analysis of current problems, including inadequate funds and staff, political manipulation and protracted procedural delays, seeks to answer the question of whether the Housing Court will become a meaningful and positive force for change, or simply an "indecisive, inefficient and interminable" bureaucratic nightmare.
Newsroom: Yelnosky On Judge Investigation, 2015 Roger Williams University
Newsroom: Yelnosky On Judge Investigation, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Admissibility Of Scientific Evidence Under Daubert: The Fatal Flaws Of ‘Falsifiability’ And ‘Falsification’, 2015 University of Haifa University Faculty of Law
Admissibility Of Scientific Evidence Under Daubert: The Fatal Flaws Of ‘Falsifiability’ And ‘Falsification’, Barbara P. Billauer Esq
barbara p billauer esq
Abstract: The Daubert mantra demands that judges, acting as gatekeepers, prevent para, pseudo or ‘bad’ science from infiltrating the courtroom. To do so, the Judges must first determine what “science” is? And then, what ‘good science’ is? It is submitted that Daubert is seriously polluted with the notions of Karl Popper who sets ‘falsifiability’ and ‘falsification’ as the demarcation line for that determination. This inapt philosophy has intractably infected case law, leading to bad decisions immortalized as stare decisis. Among other problems, is the intolerance of Popper’s system for multiple causation, a key component of toxic- torts. Thus, the primary …
Unfair Trade Practices In Imports - Section 337 Of The Tariff Act Of 1930 And The Meaning Of "Domestic Industry", 2015 University of Georgia School of Law
Unfair Trade Practices In Imports - Section 337 Of The Tariff Act Of 1930 And The Meaning Of "Domestic Industry", Kathy Bond
Georgia Journal of International & Comparative Law
No abstract provided.
Jury 2.0, 2015 Georgia State University College of Law
Jury 2.0, Caren Morrison
Caren Myers Morrison
When the Framers drafted the Sixth Amendment and provided that the accused in a criminal case would have the right to a speedy and public trial by an “impartial jury,” it is unlikely that they imagined the members of that impartial jury becoming Facebook friends during deliberations, or Googling the defendant’s name during trial. But in the past few years, such cases have increasingly been making headlines. The impact of the Internet on the functioning of the jury has generated a lot of press, but has not yet attracted scholarly attention. This article seeks to focus legal discourse on this …
Roe V. Wade: The Case That Changed Democracy, 2015 Indiana Tech Law School
Roe V. Wade: The Case That Changed Democracy, Adam Lamparello
Adam Lamparello
No abstract provided.
Officiating Removal, 2015 University of Michigan Law School
Officiating Removal, Leah Litman
Articles
For the last several years, the Commonwealth of Pennsylvania has quietly attempted to curtail capital defendants' representation in state postconviction proceedings. In 2011, various justices on the Pennsylvania Supreme Court began to call for federally funded community defender organizations to stop representing capital defendants in state postconviction proceedings. The justices argued, among other things, that the organizations' representation of capital defendants constituted impermissible federal interference with state governmental processes and burdened state judicial resources. The court also alleged the community defender organizations were in violation of federal statutes, which only authorized the organizations to assist state prisoners in federal, but …
Communicating The Canons: How Lower Courts React When The Supreme Court Changes The Rules Of Statutory Interpretation, 2015 William & Mary Law School
Communicating The Canons: How Lower Courts React When The Supreme Court Changes The Rules Of Statutory Interpretation, Aaron-Andrew P. Bruhl
Faculty Publications
No abstract provided.
When Is An Agency A Court? A Modified Functional Approach To State Agency Removal Under 28 U.S.C. § 1441, 2015 University of Michigan Law School
When Is An Agency A Court? A Modified Functional Approach To State Agency Removal Under 28 U.S.C. § 1441, Nicholas Jackson
University of Michigan Journal of Law Reform
This Note argues that courts should interpret 28 U.S.C. § 1441, which permits removal from state court to federal court, to allow removal from state administrative agencies when the agency performs “court-like functions.” Circuits that apply a literal interpretation of the statute and forbid removal from state agencies should adopt this “functional” approach. The functional approach, which this Note calls the McCullion-Floeter test, should be modified to comport with legislative intent and public policy considerations: first, state agency adjudications should not be removable when the adjudication requires technical expertise, which federal courts cannot obtain because they adjudicate cases in a …
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, 2015 University of Michigan - Dearborn
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Nehal A. Patel
AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …
A Matter Of Trial And Error, Or Betting On Appeals, 2015 Notre Dame Law School
A Matter Of Trial And Error, Or Betting On Appeals, Radek Goral
Notre Dame Law Review Reflection
Sampling from the actual portfolio of a leading third-party litigation financier, this Essay demonstrates that making systematic bets on pending appeals is a viable business model applicable to a wide range of cases. “Appellate investments” may include both consumer and commercial cases, including also public-interest actions where prevailing plaintiffs are permitted attorney’s fees—even if they themselves do not seek monetary relief. Additionally, the analyzed sample indicates that appellate funders buy both from plaintiffs and plaintiffs’ attorneys, often in the same case.
The overview of the business strategy of appellate financing contributes to a larger theme: the role and impact of …
The Ethical Limits Of Discrediting The Truthful Witness: How Modern Ethics Rules Fail To Prevent Truthful Witnesses From Being Discredited Through Unethical Means, 2015 Marquette University Law School
The Ethical Limits Of Discrediting The Truthful Witness: How Modern Ethics Rules Fail To Prevent Truthful Witnesses From Being Discredited Through Unethical Means, Todd A. Berger
Marquette Law Review
Whether the criminal defense attorney may ethically discredit the truthful witness on cross-examination and later during closing argument has long been an area of controversy in legal ethics. The vast majority of scholarly discussion on this important ethical dilemma has examined it in the abstract, focusing on the defense attorney’s dual roles in a criminal justice system that is dedicated to searching for the truth while simultaneously requiring zealous advocacy even for the guiltiest of defendants. Unlike these previous works, this particular Article explores this dilemma from the perspective of the techniques that criminal defense attorney’s use on cross-examination and …
The Role Of Courts In Improving The Legislative Process, 2015 Bar-Ilan University