Data Underlying "Living Death: Ambivalence, Delay, And Capital Punishment", 2013 University of Colorado Law School
Data Underlying "Living Death: Ambivalence, Delay, And Capital Punishment", Marianne Wesson, Amy Kingston, Jocelyn Jenks, Laura Mcnabb, Lauren Seger, Genet Tekeste, Edwin Hurwitz
Research Data
The documents here archived contain data compilations researched and recorded by me and my research assistants in connection with the article by Marianne "Mimi" Wesson, Living Death: Ambivalence, Delay, and Capital Punishment (Feb. 20, 2013), https://ssrn.com/abstract=2221597.
Our research investigated four study jurisdictions: Arizona, Louisiana, Nevada, and Ohio. The data falls into two categories: analyses of reported appellate cases during designated periods in those jurisdictions; and investigations of the subsequent careers of every individual who resided on death row in one of our jurisdictions in April of 1995. The article further explains the impetus for these investigations, and the conclusions …
Chief Justice Roberts' Individual Mandate: The Lawless Medicine Of Nfib V. Sebelius, 2013 Washington University in St Louis
Chief Justice Roberts' Individual Mandate: The Lawless Medicine Of Nfib V. Sebelius, Gregory Magarian
Gregory P. Magarian
After the U.S. Supreme Court in National Federation of Independent Business v. Sebelius held nearly all of the Patient Protection and Affordable Care Act constitutional, praise rained down on Chief Justice John Roberts. The Chief Justice’s lead opinion broke with his usual conservative allies on the Court by upholding the Act’s individual mandate under the Taxing Clause. Numerous academic and popular commentators have lauded the Chief Justice for his political courage and institutional pragmatism. In this essay, Professor Magarian challenges the heroic narrative surrounding the Chief Justice’s opinion. The essay contends that the opinion is, in two distinct senses, fundamentally …
Costs Of Codification, 2013 South Texas College of Law
Costs Of Codification, Dru Stevenson
Dru Stevenson
Between the Civil War and World War II, every state and the federal government shifted toward codified versions of their statutes. Academia has so far ignored the systemic effects of this dramatic change. For example, the consensus view in the academic literature about rules and standards has been that precise rules present higher enactment costs for legislatures than would general standards, while vague standards present higher information costs for courts and citizens than do rules. Systematic codification – featuring hierarchical format and numbering, topical arrangement, and cross-references – inverts this relationship, lowering transaction costs for legislatures and increasing information costs …
Timeless Trial Strategies And Tactics: Lessons From The Classic Claus Von Bülow Case, 2013 Columbia Law School
Timeless Trial Strategies And Tactics: Lessons From The Classic Claus Von Bülow Case, Daniel M. Braun
Daniel M Braun
In this new Millennium -- an era of increasingly complex cases -- it is critical that lawyers keep a keen eye on trial strategy and tactics. Although scientific evidence today is more sophisticated than ever, the art of effectively engaging people and personalities remains prime. Scientific data must be contextualized and presented in absorbable ways, and attorneys need to ensure not only that they correctly understand jurors, judges, witnesses, and accused persons, but also that they find the means to make their arguments truly resonate if they are to formulate an effective case and ultimately realize justice. A decades-old case …
Social Justice And The Warren Court: A Preliminary Examination, 2013 Pepperdine University
Social Justice And The Warren Court: A Preliminary Examination, Arthur S. Miller
Pepperdine Law Review
Whether courts should attempt to advance social justice is a much debated topic in American jurisprudence. The conventional wisdom about the judicial process is to the contrary. In this article, Professor Arthur S. Miller suggests that the Supreme Court's innovative civil rights and civil liberties decisions during Chief Justice Earl Warren's tenure had the ultimate effect of helping to preserve the status quo of the social order. Its decisions, coming at a time of economic abundance, were a means of siphoning off discontent from disadvantaged groups at minimum social cost to the established order. The "activist" decisions under Warren were …
Free Exercise Of Religion Before The Bench: Empirical Evidence From The Federal Courts, 2013 Cornell Law School
Free Exercise Of Religion Before The Bench: Empirical Evidence From The Federal Courts, Michael Heise, Gregory C. Sisk
Cornell Law Faculty Publications
We analyze various factors that influence judicial decisions in cases involving Free Exercise Clause or religious accommodation claims and decided by lower federal courts. Religious liberty claims, including those moored in the Free Exercise Clause, typically generate particularly difficult questions about how best to structure the sometimes contentious relation between the religious faithful and the sovereign government. Such difficult questions arise frequently in and are often framed by litigation. Our analyses include all digested Free Exercise and religious accommodation claim decisions by federal court of appeals and district court judges from 1996 through 2005. As it relates to one key …
Foreword: After Kiobel—International Human Rights Litigation In State Courts And Under State Law, 2013 UC Irvine School of Law
Foreword: After Kiobel—International Human Rights Litigation In State Courts And Under State Law, Christopher A. Whytock, Donald Earl Childress Iii, Michael D. Ramsey
UC Irvine Law Review
No abstract provided.
Conflict-Of-Laws Considerations In State Court Human Rights Actions, 2013 Creighton University
Conflict-Of-Laws Considerations In State Court Human Rights Actions, Patrick A. Borchers
UC Irvine Law Review
No abstract provided.
International Human Rights Cases Under State Law And In State Courts, 2013 Rutgers University
International Human Rights Cases Under State Law And In State Courts, Paul Hoffman, Beth Stephens
UC Irvine Law Review
No abstract provided.
State Court International Human Rights Litigation: A Concerning Trend?, 2013 Southwestern Law School
State Court International Human Rights Litigation: A Concerning Trend?, Austen L. Parrish
UC Irvine Law Review
No abstract provided.
Dissent: Supreme Court Reform: Diversion Instead Of Division, 2013 Pepperdine University
Dissent: Supreme Court Reform: Diversion Instead Of Division, Gerald F. Uelmen
Pepperdine Law Review
No abstract provided.
Opinion: A Two-Part State Supreme Court, 2013 Pepperdine University
Opinion: A Two-Part State Supreme Court, Stanley Mosk
Pepperdine Law Review
No abstract provided.
California Supreme Court Survey - A Review Of Decisions: December 1984- February 1985, 2013 Pepperdine University
California Supreme Court Survey - A Review Of Decisions: December 1984- February 1985, James J. Trimble
Pepperdine Law Review
No abstract provided.
Reimbursement Of Community Contributions To A Spouse's Education Upon Divorce: California Civil Code Section 4800.3, 2013 Pepperdine University
Reimbursement Of Community Contributions To A Spouse's Education Upon Divorce: California Civil Code Section 4800.3, Suzanne E. Rand
Pepperdine Law Review
When the California Legislature passed California Civil Code section 4800.3, it attempted to create a remedy for the circumstances posed by the highly publicized case of In re Marriage of Sullivan. The legislature created a new cause of action for "reimbursement" of funds contributed to the education or training of a spouse. The question remains whether reimbursement is an equitable and workable remedy for the Sullivan type situation. This comment analyzes the section and suggests possible approaches to litigation of a section 4800.3 claim.
Medical Malpractice: The Right To Recover For The Loss Of A Chance Of Survival, 2013 Pepperdine University
Medical Malpractice: The Right To Recover For The Loss Of A Chance Of Survival, Patricia L. Andel
Pepperdine Law Review
Traditionally, a plaintiff suffering from misdiagnosis has been precluded from recovery unless he could show that "but for" the misdiagnosis he would have had a better-than-even chance of recovery. While many courts have attempted to avoid this doctrine by reducing the standard of causation, this has led to inconsistent results. The better approach is to recognize that a "chance" of recovery has a compensable value in and of itself This comment will explore the concept of loss of a chance and trace its development as it relates to medical malpractice actions.
California Supreme Court Survey - A Review Of Decisions: August 1984-November 1984, 2013 Pepperdine University
California Supreme Court Survey - A Review Of Decisions: August 1984-November 1984, James J. Trimble
Pepperdine Law Review
No abstract provided.
California Supreme Court Survey - A Review Of Decisions: January 1984- July 1984, 2013 Pepperdine University
California Supreme Court Survey - A Review Of Decisions: January 1984- July 1984, James J. Trimble
Pepperdine Law Review
No abstract provided.
California Supreme Court Survey - A Review Of Decisions: December 1985–February 1986, 2013 Pepperdine University
California Supreme Court Survey - A Review Of Decisions: December 1985–February 1986, Timothy C. Williams
Pepperdine Law Review
No abstract provided.
Justice O'Connor And The First Amendment 1981-84, 2013 Pepperdine University
Justice O'Connor And The First Amendment 1981-84, Edward V. Heck, Paula C. Arledge
Pepperdine Law Review
No abstract provided.
California Supreme Court Survey - A Review Of Decisions: September 1985–November 1985, 2013 Pepperdine University
California Supreme Court Survey - A Review Of Decisions: September 1985–November 1985, Timothy C. Williams
Pepperdine Law Review
No abstract provided.