The “Tomahawk” And The “Healing Balm:” Drug Treatment Courts In Theory And Practice, 2010 University of Maryland 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.
A Conversation About Problem-Solving Courts: Take 2, 2010 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.
A Conversation With The Experts: The Future Of Problem-Solving Courts, 2010 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.
Taking A Stand In A Not-So-Perfect World: What’S A Critical Supporter Of Problem-Solving Courts To Do?, 2010 University of Maryland School of Social Work
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.
Current Issues In Judicial Disqualifications Symposium 2011, 2010 Fordham University School of Law
Current Issues In Judicial Disqualifications Symposium 2011, Michael W. Martin
Faculty Scholarship
Public confidence in the judiciary's integrity is critical, and
Administering The Second Amendment: Law, Politics, And Taxonomy , 2010 Fordham University School of Law
Administering The Second Amendment: Law, Politics, And Taxonomy , Nicholas J. Johnson
Faculty Scholarship
This article anticipates the post-McDonald landscape by assessing the right to arms in the context of several state regulations and the arguments that might be employed as challenges to them unfold. So far, the core test for determining the scope of the individual right to arms is the common use standard articulated in District of Columbia v. Heller. Measured against that, standard firearm regulations fit into three categories. The first category contains laws that are easily administered under the common use standard. The second category – and the primary focus of this article – consists of laws that can be …
The Unblinking Eye Turns To Appellate Law: Cameras In Trial Courtrooms And Their Effect On Appellate Law, 2010 University of Florida Levin College of Law
The Unblinking Eye Turns To Appellate Law: Cameras In Trial Courtrooms And Their Effect On Appellate Law, Mary E. Adkins
UF Law Faculty Publications
Over the past twenty years, most American courthouses have been wired with audio and video recording equipment to enhance security and economize on court reporting costs. These in-house alterations have an overlooked consequence for appeals. The mere existence of these recordings of all courtroom occurrences will unavoidably change the way appeals are handled and reviewed.
Appellate courts will need to make new types of decisions on whether to accept the audio-video recordings as appellate records or continue the reliance on transcripts and items entered into evidence. If the appellate courts do not accept audio-video recordings as appellate records, or if …
Further Reflections On Not Being “Not An Originalist”, 2010 Duke Law School
Further Reflections On Not Being “Not An Originalist”, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
The Consequences Of Congress’S Choice Of Delegate: Judicial And Agency Interpretations Of Title Vii, 2010 Duke Law School
The Consequences Of Congress’S Choice Of Delegate: Judicial And Agency Interpretations Of Title Vii, Margaret H. Lemos
Faculty Scholarship
Although Congress delegates lawmaking authority to both courts and agencies, we know remarkably little about the determinants-and even less about the consequences-of the choice between judicial and administrative process. The few scholars who have sought to understand the choice of delegate have used formal modeling to illuminate various aspects of the decision from the perspective of the enacting Congress. That approach yields useful insight into the likely preferences of rational legislators, but tells us nothing about how (or whether) those preferences play out in the behavior of courts and agencies. Without such knowledge, we have no way of testing the …
A Coase Theorem For Constitutional Theory, 2010 Duke Law School
A Coase Theorem For Constitutional Theory, Neil S. Siegel
Faculty Scholarship
There is much to admire about Barry Friedman’s new book, The Will of the People. Explaining how the institution of judicial review was made safe for democracy in America, Friedman’s story is extensively researched, beautifully written, scrupulously nonpartisan about the modern Court, and frequently humorous. What is more, his primary claim—that the Supreme Court of the United States is very much a democratic institution because judicial review always has been responsive to public opinion—is, to a large extent, convincing. I have taught The Will of the People in my first-year constitutional law course, and I plan to do so again. …
Coconspirators, “Coventurers,” And The Exception Swallowing The Hearsay Rule, 2010 University of Missouri School of Law
Coconspirators, “Coventurers,” And The Exception Swallowing The Hearsay Rule, Ben L. Trachtenberg
Faculty Publications
In recent years, prosecutors - sometimes with the blessing of courts - have argued that when proving the existence of a “conspiracy” to justify admission of evidence under the Coconspirator Exception to the Hearsay Rule, they need show only that the declarant and the defendant were “coventurers” with a common purpose, not coconspirators with an illegal purpose. Indeed, government briefs and court decisions specifically disclaim the need to show any wrongful goal whatsoever. This Article contends that such a reading of the Exception is mistaken and undesirable. Conducted for this article, a survey of thousands of court decisions, including the …
The Future Of Problem-Solving Courts: Inside The Courts And Beyond, 2010 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.
The Future Of Problem-Solving Justice: An International Perspective, 2010 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.
The Effects Of Net-Widening On Minority And Indigent Drug Offenders: A Critique Of Drug Courts, 2010 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.
Reflections On Section 5 Of The Ftc Act And The Ftc's Case Against Intel, 2010 University of Michigan Law School
Reflections On Section 5 Of The Ftc Act And The Ftc's Case Against Intel, Daniel A. Crane
Articles
The Federal Trade Commission’s (“FTC’s”) unprecedented enforcement action against Intel raises profound issues concerning the scope of the FTC’s powers to give a construction to Section 5 of the FTC Act that goes beyond the substantive reach of the Sherman Act. While I have urged the FTC to assert such independence from the Sherman Act, this is the wrong case to make a break. Indeed, if anything, Intel poses a risk of seriously setting back the development of an independent Section 5 power by provoking a hostile appellate court to rebuke the FTC’s effort and cabin the FTC’s powers in …
Adaptive Management In The Courts, 2010 Vanderbilt University Law School
Adaptive Management In The Courts, J.B. Ruhl, Robert Fischman
Vanderbilt Law School Faculty Publications
Adaptive management has become the tonic of natural resources policy. With its core idea of "learning while doing," adaptive management has infused the natural resources policy world to the point of ubiquity, surfacing in everything from mundane agency permits to grand presidential proclamations. Indeed, it is no exaggeration to suggest that these days adaptive management is natural resources policy. But is it working? Does appending "adaptive" in front of "management" somehow make natural resources policy, which has always been about balancing competing claims to nature’s bounty, something more and better? Many legal and policy scholars have asked that question, with …
Redeeming The Missed Opportunities Of Shady Grove, 2010 University of Pennsylvania Carey Law School
Redeeming The Missed Opportunities Of Shady Grove, Stephen B. Burbank, Tobias Barrington Wolff
All Faculty Scholarship
Shady Grove Orthopedic Associates v. Allstate Insurance Co., a closely watched case decided in the 2009–10 Term, presented the Court with an opportunity to speak to two related problems under the Rules Enabling Act that have languished for decades without proper resolution. The first involves a broad interpretive question: How can the limitations on rulemaking authority contained in the Act be applied in a manner that reflects the separation-of-powers concerns that animated them while also exhibiting respect for the state regulatory arrangements that govern much of our economic and social activity? The second problem involves the intersection of the …
The Two Federal Circuits, 2010 University of Pennsylvania Carey Law School
The Two Federal Circuits, R. Polk Wagner
All Faculty Scholarship
No abstract provided.
Shifting Burdens: Discrimination Law Through The Lens Of Jury Instructions, 2010 University of Pennsylvania Carey Law School
Shifting Burdens: Discrimination Law Through The Lens Of Jury Instructions, Catherine T. Struve
All Faculty Scholarship
This Term, in Gross v. FBL Financial Services, Inc., the U.S. Supreme Court held the Price Waterhouse burden-shifting framework inapplicable to Age Discrimination in Employment Act (“ADEA”) claims. This Article finds the Gross Court’s rationales for repudiating Price Waterhouse v. Hopkins unpersuasive. Although the crux of the Court’s argument is that it is too confusing to instruct a jury on the burden-shifting framework, in actuality, there is no evidence that burden-shifting instructions are unduly confusing. In fact, Gross will exacerbate a different sort of confusion: that which arises when a jury must resolve two claims under different burden frameworks. At …
Situating Inherent Power Within A Rules Regime, 2010 Saint Louis University School of Law
Situating Inherent Power Within A Rules Regime, Samuel P. Jordan
All Faculty Scholarship
My goal in this short Essay is to describe the way that inherent power is understood and applied within our procedural framework, and to suggest the need for a more robust account of the contemporary relationship between inherent power and formal procedural rules. Part I describes two roles – one legitimate and one not – that inherent power can play vis-à-vis the rules. Part II examines how those roles are often confused or manipulated, with the result that inherent power remains available to justify judicial action in an undesirably large class of cases. Finally, Part III explores ways to clarify …