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The Crushing Of A Dream: Daca, Dapa And The Politics Of Immigration Law Under President Obama, Robert H. Wood 2017 Barry University School of Law

The Crushing Of A Dream: Daca, Dapa And The Politics Of Immigration Law Under President Obama, Robert H. Wood

Barry Law Review

No abstract provided.


Bail Reform: New Directions For Pretrial Detention And Release, Megan Stevenson, Sandra G. Mayson 2017 University of Pennsylvania

Bail Reform: New Directions For Pretrial Detention And Release, Megan Stevenson, Sandra G. Mayson

Faculty Scholarship

Our current pretrial system imposes high costs on both the people who are detained pretrial and the taxpayers who foot the bill. These costs have prompted a surge of bail reform around the country. Reformers seek to reduce pretrial detention rates, as well as racial and socioeconomic disparities in the pretrial system, while simultaneously improving appearance rates and reducing pretrial crime. The current state of pretrial practice suggests that there is ample room for improvement. Bail hearings are often cursory, with no defense counsel present. Money-bail practices lead to high rates of detention even among misdemeanor defendants and those who ...


Rethinking Criminal Contempt In The Bankruptcy Courts, John A. E. Pottow, Jason S. Levin 2017 University of Michigan Law School

Rethinking Criminal Contempt In The Bankruptcy Courts, John A. E. Pottow, Jason S. Levin

Law & Economics Working Papers

A surprising number of courts believe that bankruptcy judges lack authority to impose criminal contempt sanctions. We attempt to rectify this misunderstanding with a march through the historical treatment of contempt-like powers in bankruptcy, the painful statutory history of the 1978 Bankruptcy Code (including the exciting history of likely repealed 28 U.S.C. § 1481), and the various apposite rules of procedure. (Fans of the All Writs Act will delight in its inclusion.) But the principal service we offer to the bankruptcy community is dismantling the ubiquitous and persistent belief that there is some form of constitutional infirmity with "mere ...


Legal Attitudes Of Immigrant Detainees, Emily Ryo 2017 University of Southern California

Legal Attitudes Of Immigrant Detainees, Emily Ryo

University of Southern California Legal Studies Working Paper Series

A substantial body of research shows that people’s legal attitudes can have wide-ranging behavioral consequences. In this article, I use original survey data to examine long-term immigrant detainees’ legal attitudes. I find that the majority of detainees express a felt obligation to obey the law, and do so at a significantly higher rate than other U.S. sample populations. I also find that the detainees’ perceived obligation to obey U.S. immigration authorities is significantly related to their evaluations of procedural justice, as measured by their assessments of fair treatment while in detention. This finding remains robust controlling for ...


Article I Judges In An Article Iii World: The Career Path Of Magistrate Judges, Tracey E. George, Albert H. Yoon 2017 Selected Works

Article I Judges In An Article Iii World: The Career Path Of Magistrate Judges, Tracey E. George, Albert H. Yoon

Tracey George

No abstract provided.


Courts Of Good And Ill Repute: Garoupa And Ginsburg’S Judicial Reputation: A Comparative Theory, Tracey E. George, G. Mitu Gulati 2017 Duke Law School

Courts Of Good And Ill Repute: Garoupa And Ginsburg’S Judicial Reputation: A Comparative Theory, Tracey E. George, G. Mitu Gulati

Tracey George

Nuno Garoupa and Tom Ginsburg have published an ambitious book that seeks to account for the great diversity of judicial systems based, in part, on how courts are designed to marshal the power of a high public opinion of the judiciary. Judges, the book posits, care deeply about their reputations both inside and outside the courts. Courts are designed to capitalize on judges’ desire to maximize their reputation, and judges’ existing stock of reputation can affect the design of the courts which they serve. We find much to like in this book, ranging from its intriguing and ambitious positive claims ...


Ncalj Panel Discussion: Alj Decisions - Final Or Fallible?, Jim Flanagan, Jim Rossi, John Hardwicke, Tyrone T. Butler 2017 Selected Works

Ncalj Panel Discussion: Alj Decisions - Final Or Fallible?, Jim Flanagan, Jim Rossi, John Hardwicke, Tyrone T. Butler

Jim Rossi

No abstract provided.


Alj Final Orders On Appeal: Balancing Independence With Accountability, Jim Rossi 2017 Selected Works

Alj Final Orders On Appeal: Balancing Independence With Accountability, Jim Rossi

Jim Rossi

This essay addresses how ALJ final order authority in many state systems of administrative governance (among them Florida, Louisiana, Missouri, and South Carolina) poses a tension between independence and accountability. It is argued that political accountability is sacrificed where reviewing courts defer to ALJ final orders on issues of law and policy. Standards of review provide state courts with a way of restoring the balance between independence and accountability, but reviewing courts should heighten the deference they give to the agency's legal and policy positions -- giving little or no deference to the ALJ on these issues -- even where the ...


The Impact Of Justice Scalia's Replacement On Gender Equality Issues, Wilson R. Huhn 2017 The University of Akron

The Impact Of Justice Scalia's Replacement On Gender Equality Issues, Wilson R. Huhn

ConLawNOW

The last forty-six years may be accurately described as the era of the modern Republican Supreme Court. As a result of presidential elections, Republican presidents have nominated all ten of the Justices appointed to the United States Supreme Court between 1969 and 1991. Republicans have thus controlled the Court since 1970. During this period the right to gender equality was recognized and the right to marriage equality was realized. However, also during this period many Republican Justices staunchly opposed gender equality, and far more remains to be accomplished.

Since Justice Scalia’s death, the Supreme Court has been deadlocked on ...


Active Judging And Access To Justice.Pdf, Anna E. Carpenter 2017 University of Tulsa College of Law

Active Judging And Access To Justice.Pdf, Anna E. Carpenter

Anna E. Carpenter

Active judging, where judges step away from the traditional, passive role to assist those without counsel, is a central feature of recent proposals aimed at solving the pro se crisis in America’s state civil courts.  Despite growing support for active judging as an access to justice intervention, we know little, empirically, about how judges engage with pro se parties as a general matter, and even less about active judging.  In response, this Article contributes new data and a new conceptual framework: the three dimensions of active judging.  The study is based in a District of Columbia administrative court where ...


American College Of Trial Lawyers Report And Recommendation On Disruption Of The Judicial Process, 2017 St. John's University School of Law

American College Of Trial Lawyers Report And Recommendation On Disruption Of The Judicial Process

The Catholic Lawyer

No abstract provided.


The Jury As A Political Institution, Jon M. Van Dyke 2017 St. John's University School of Law

The Jury As A Political Institution, Jon M. Van Dyke

The Catholic Lawyer

No abstract provided.


The Partnership Of Bench And Bar, Edward D. Re 2017 St. John's University School of Law

The Partnership Of Bench And Bar, Edward D. Re

The Catholic Lawyer

No abstract provided.


Paul Vi To American Jurists, 2017 St. John's University School of Law

Paul Vi To American Jurists

The Catholic Lawyer

No abstract provided.


Introduction, The Hon. Carlos T. Bea 2017 U.S. Court of Appeals Ninth Circut

Introduction, The Hon. Carlos T. Bea

Golden Gate University Law Review

No abstract provided.


Judges Of The United States Court Of Appeals For The Ninth Circuit, 2017 Golden Gate University School of Law

Judges Of The United States Court Of Appeals For The Ninth Circuit

Golden Gate University Law Review

No abstract provided.


Table Of Contents, 2017 Golden Gate University School of Law

Table Of Contents

Golden Gate University Law Review

No abstract provided.


Preface, Cara E. Alsterberg, Heather Varanini 2017 Golden Gate University School of Law

Preface, Cara E. Alsterberg, Heather Varanini

Golden Gate University Law Review

No abstract provided.


Masthead, 2017 Golden Gate University School of Law

Masthead

Golden Gate University Law Review

No abstract provided.


Federalist Court: How The Federalist Society Became The De Facto Selector Of Republican Supreme Court Justices, Lawrence Baum, Neal Devins 2017 William & Mary Law School

Federalist Court: How The Federalist Society Became The De Facto Selector Of Republican Supreme Court Justices, Lawrence Baum, Neal Devins

Popular Media

No abstract provided.


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