Trending @ Rwulaw: Judge William E. Smith's Post: Rwu Law & The Federal Courts: A Unique Partnership, 2015 Roger Williams University School of Law
Trending @ Rwulaw: Judge William E. Smith's Post: Rwu Law & The Federal Courts: A Unique Partnership, William E. Smith
No abstract provided.
Judging And Administration For Far-Off Places: Trial, Appellate, And Committee Work In The South Pacific, 2015 University at Albany - SUNY
Judging And Administration For Far-Off Places: Trial, Appellate, And Committee Work In The South Pacific, Stephen L. Wasby
Golden Gate University Law Review
Little attention is paid to the far reaches of the federal judicial system, which extends beyond the boundaries of the continental United States and even beyond the outermost states of Alaska and Hawaii; Puerto Rico is part of the First Circuit,1 and the Virgin Islands are part of the Third Circuit.2 Most particularly, the Ninth Circuit encompasses not only Hawai’i but also the territories of Guam and the Northern Mariana Islands (NMI). Not only has the Ninth Circuit provided judges to hear cases in the district courts in Guam and the NMI as needed and reviewed cases ...
Daubert Debunked: A History Of Legal Retrogression A History Of Legal Retrogression And The Need To Reassess ‘Scientific Admissibility’, 2015 Zefat Academic School of Law
Daubert Debunked: A History Of Legal Retrogression A History Of Legal Retrogression And The Need To Reassess ‘Scientific Admissibility’, Barbara P. Billauer Esq
barbara p billauer esq
With ‘novel’ scientific discoveries accelerating at an unrelenting pace, the need for accessible and implementable standards for evaluating the legal admissibility of scientific evidence becomes more and more crucial. As science changes, legal standards for evaluating ‘novel’ science must be plastic enough to respond to fast-moving changes. This, ostensibly, was the Daubert objective. Since it was decided in 1993, however, Daubert’s impact has been hotly contested -- with plaintiffs and defendants each claiming the decision unfairly favors the other side. New approaches are constantly suggested to deal with the perceived impact, although there is no uniform consensus of exactly ...
The Importance Of Social Activism To A Fuller Concept Of Law, 2015 University of Saskatchewan
The Importance Of Social Activism To A Fuller Concept Of Law, Joseph Asomah
Western Journal of Legal Studies
Legal positivists like H.L.A. Hart assert that law does not require morality to exist; in fact it insists on the separation of law and morality. Relying on Lon Fuller, this article argues against that proposition by suggesting that morality is necessarily part of law. Using Pierre Bourdieu’s theory of field and capital, which suggests that social values are inherently a part of law, this article argues that the positivist view of law has a deficient theory of justice that can be used to secure injustice against disadvantaged groups in society. In this way, I conceptualize law as ...
Eviction Court And A Judicial Duty Of Inquiry, 2015 Illinois Institute of Technology
Eviction Court And A Judicial Duty Of Inquiry, Harold J. Krent
Harold J. Krent
The Illinois Appellate Court in Draper & Kramer v. King reversed a court ordered eviction on the ground that the tenant likely did not appreciate that she had agreed in a settlement to vacate her residence in addition to paying arrears on rent. In the chaotic environment of eviction court proceedings, tenants too often pledge paying back rent without realizing that, at the same time, they have agreed to be evicted and that the court ordered eviction will follow them for the rest of their lives. In Chicago, at least, the potential for confusion is enhanced because the agreed upon ...
Dismissing Provenance: The Use Of Procedural Defenses To Bar Claims In Nazi-Looted Art And Securitized Mortgage Litigation, Christian J. Bromley
Christian J Bromley
The litigation surrounding an estimated 650,000 works looted by the Nazis in the Second World War and the millions of securitized mortgages foreclosed in the wake of the Great Recession converge on a fundamental legal principle: who really holds rightful title? Seemingly worlds apart, these separate yet remarkably similar forms of property challenge the American judiciary to allocate property rights between adversaries steadfast in their contention of rightful ownership. The legal fulcrum in this allocation often rests not on the equity or righteousness of either parties’ claim—whether museum versus heir or bank versus former homeowner—but instead on ...
Rational Choice Attitudinalism? A Review Of Epstein, Landes And Posner's The Behavior Of Federal Judges: A Theoretical And Empirical Study Of Rational Choice, 2015 Princeton University - Woodrow Wilson School of Public and Department of Political Science
Rational Choice Attitudinalism? A Review Of Epstein, Landes And Posner's The Behavior Of Federal Judges: A Theoretical And Empirical Study Of Rational Choice, Charles M. Cameron, Lewis A. Kornhauser
New York University Law and Economics Working Papers
This essay reviews Epstein, Landes, and Posner’s The Behavior of Federal Judges: A Theoretical and Empirical Study of Rational Choice. Their book systematically asks how the role of ideology varies across the tiers of the federal judicial hierarchy. A major finding is that the impact of ideology increases from the bottom to the top of the judicial hierarchy. Their typical methodology formulates an ex ante measure of judicial ideology such as the political party of the appointing president, and demonstrates that this measure correlates with later judicial behavior, often voting on case dispositions. Along the way, they investigate a ...
Forum Selling, 2015 USC Law School
Forum Selling, Daniel M. Klerman, Greg Reilly
University of Southern California Legal Studies Working Paper Series
Forum shopping is problematic because it may lead to forum selling. For diverse motives, including prestige, local benefits, or re-election, some judges want to hear more cases. When plaintiffs have wide choice of forum, such judges have incentives to make the law more pro-plaintiff, because plaintiffs choose the court. While only a few judges may be motivated to attract more cases, their actions can have large effects, because their courts will attract a disproportionate share of cases. For example, judges in the Eastern District of Texas have distorted the rules and practices relating to case assignment, joinder, discovery, transfer, and ...
“Not Reasonably Debatable”: The Problems With Single-Judge Decisions By The Court Of Appeals For Veterans Claims, 2015 George Washington University
“Not Reasonably Debatable”: The Problems With Single-Judge Decisions By The Court Of Appeals For Veterans Claims, James Ridgway
James D. Ridgway
The U.S. Court of Appeals for Veterans Claims (CAVC) has statutory authority—unique among the federal appellate courts—to allow individual judges to decide appeals. As the CAVC completes the first quarter century of operations since its creation, this article examines the court’s use of this authority. Based upon two years of data developed and analyzed by the authors, this article concludes that outcome variance in single-judge decisions is a serious problem at the CAVC. Not only is there a substantial difference in the outcomes of appeals assigned to the different judges, but there are clear examples of ...
Deported To Die? Applying The Categorical Approach To The "Particularly Serious Crime" Bar, 2015 University of Nevada-Las Vegas
Deported To Die? Applying The Categorical Approach To The "Particularly Serious Crime" Bar, Fatma E. Marouf
Fatma E Marouf
A noncitizen who has been convicted of a “particularly serious crime” can be deported to a country where there is a greater than fifty percent chance of persecution or death. Yet the Board of Immigration Appeals (BIA) has not provided a clear test for determining what is a “particularly serious crime.” The current test, which combines an examining of the elements of the crime with a fact-specific inquiry, has led to arbitrary and unpredictable decisions about what types of offense are “particularly serious.” This Article argues that the categorical approach for analyzing convictions should be applied to the particularly serious ...
The Second Dimension Of The Supreme Court, 2015 Northwestern University
The Second Dimension Of The Supreme Court, Joshua B. Fischman, Tonja Jacobi
Describing the justices of the Supreme Court as ‘liberals’ and ‘conservatives’ has become so standard—and the left-right division on the Court is considered so entrenched—that any deviation from that pattern is treated with surprise. Attentive Court watchers know that the justices are not just politicians in robes, deciding each case on a purely ideological basis. Yet the increasingly influential empirical legal studies literature assumes just that—that a left-right ideological dimension fully describes the Supreme Court. We show that there is a second, more legally-focused dimension of judicial decision-making. A continuum between legalism and pragmatism also divides the ...
Obergefell V. Hodges: How The Supreme Court Should Have Ruled, 2015 Indiana Tech Law School
Obergefell V. Hodges: How The Supreme Court Should Have Ruled, Adam Lamparello
In Obergefell, et al. v. Hodges, Justice Kennedy’s majority opinion legalizing same-sex marriage was based on “the mystical aphorisms of a fortune cookie,” and “indefensible as a matter of constitutional law.” Kennedy’s opinion was comprised largely of philosophical ramblings about liberty that have neither a constitutional foundation nor any conceptual limitation. The fictional opinion below arrives at the same conclusion, but the reasoning is based on equal protection rather than due process principles. The majority opinion holds that same-sex marriage bans violate the Equal Protection Clause because they: (1) discriminate on the basis of gender; (2) promote gender-based ...
The Questionable Origins Of The Copyright Infringement Analysis, 2015 University of Pennsylvania Law School
The Questionable Origins Of The Copyright Infringement Analysis, Shyamkrishna Balganesh
Central to modern copyright law is its test for determining infringement, famously developed by Judge Jerome Frank in the landmark case of Arnstein v. Porter. The “Arnstein test,” which courts continue to apply, demands that the analysis be divided into two components, actual copying — the question whether the defendant did in fact copy, and improper appropriation — the question whether such copying, if it did exist, was unlawful. Somewhat counter-intuitively though, the test treats both components as pure questions of fact, requiring that even the question of improper appropriation go to a jury. This jury-centric approach continues to influence modern copyright ...
Ice Skating Up Hill: Constitutional Challenges To Sec Administrative Proceedings, 2015 Seattle University School of Law
Ice Skating Up Hill: Constitutional Challenges To Sec Administrative Proceedings, Thomas S. Glassman
Thomas S Glassman
Since the inception of the Dodd-Frank Act the Securities and Exchange Commission has come under fire for its increased use of administrative proceedings in adjudicating the agency’s enforcement actions. That criticism has come to several suits in federal court claiming constitutional challenges to the system generally and most recently, the Administrative Law Judges themselves. Until June of 2015, when Hill v. the SEC took place in federal court, the Government was unbeaten in when arguing against these constitutional challenges. Hill, however found that it was likely the SEC had hired their Administrative Law Judges unconstitutionally. The SEC Administrative Law ...
How Are Law Enforcement Efforts To Address Mental Illness Changing The Path To Incarceration?, 2015 Los Angeles County Sheriff's Department
How Are Law Enforcement Efforts To Address Mental Illness Changing The Path To Incarceration?, D'Andre Devon Lampkin
D'Andre Devon Lampkin
The purpose of this research project is the introduce readers to how law enforcement agencies across the United States are addressing mental illness and improving response to incidents involving subjects with mental illnesses. The paper also discusses training, and the collaborations taking place between mental health professionals and policing agencies wanting to combine judicial supervision with community based mental health treatment.
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., 2015 St. Mary's School of Law, Texas
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
Newsroom: Waters '98 On Tempest Verdict Reversal, 2015 Roger Williams University
Newsroom: Waters '98 On Tempest Verdict Reversal, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Using Occam’S Razor To Solve International Attorney-Client Privilege Choice Of Law Issues: An Old Solution To A New Problem, Nathan M. Crystal, Francesca Giannoni-Crystal
Nathan M. Crystal
The practice of law is increasingly becoming “delocalized.” Globalization and the use of technology are two important factors in this fundamental change in practice. Delocalization is affecting almost all areas of practice, including issues involving attorney-client privilege (ACP).
To some extent the choice-of-law rules governing ACP are also – like other fields of the law - being “delocalized,” but in our view only partially. This paper discusses six approaches to choice of law issues governing ACP that are being used by the courts. Aside from the traditional lex loci approach (which simply applies the law of the forum to the claim of ...
The Last Word, 2015 University of Arkansas at Little Rock William H. Bowen School of Law
The Last Word, Ross E. Davies
The Journal of Appellate Practice and Process
No abstract provided.
Sanders V. Sears-Page, 131 Nev. Adv. Op. 50, 2015 Nevada Law Journal
Sanders V. Sears-Page, 131 Nev. Adv. Op. 50, Scott Lundy
Nevada Supreme Court Summaries
The Court held that the district court erred in deciding not to strike an empaneled juror whose background implied bias, but who promised he could remain impartial. Moreover, the Court held the district court erred in allowing challenges for cause while the juror was present, and by allowing newly discovered evidence to be entered into evidence on the final day of trial.