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“Not Reasonably Debatable”: The Problems With Single-Judge Decisions By The Court Of Appeals For Veterans Claims, James Ridgway 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, Fatma E. Marouf 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, Joshua B. Fischman, Tonja Jacobi 2015 Northwestern University

The Second Dimension Of The Supreme Court, Joshua B. Fischman, Tonja Jacobi

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, Adam Lamparello 2015 Indiana Tech Law School

Obergefell V. Hodges: How The Supreme Court Should Have Ruled, Adam Lamparello

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 ...


Ice Skating Up Hill: Constitutional Challenges To Sec Administrative Proceedings, Thomas S. Glassman 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?, D'Andre Devon Lampkin 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., Trevor J. Calligan 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.


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 2015 Charleston Law School

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, Ross E. Davies 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.


Limiting Leukophobia: Looking Beyond Lockup. Debunking The Strategy Of Turning White Collars Orange, Jared J. Hight 2015 SelectedWorks

Limiting Leukophobia: Looking Beyond Lockup. Debunking The Strategy Of Turning White Collars Orange, Jared J. Hight

Jared J Hight

The legal and political landscape of the past 30 years has resulted in the abandonment of the utilitarian principle of parsimony as applied to white collar criminals. In response to preceding decades of minor punishments meted out for serious white collar crimes, the Federal Sentencing Commission abandoned the typical past practices of sentencing judges and instead formulated Guidelines that are wildly excessive and no longer balance the need for community safety with the need for that same community to remain economically efficient. The guiding principles of deterrence, rehabilitation, and incapacitation have been deemphasized in a new model that focuses primarily ...


Beyond The Written Constitution: A Short Analysis Of Warren Court, Thiago Luis Santos Sombra 2015 University of Brasília-Brazil

Beyond The Written Constitution: A Short Analysis Of Warren Court, Thiago Luis Santos Sombra

Thiago Luís Santos Sombra

This essay propose an analysis about how Warren Court became one of the most particular in American History by confronting Jim Crow law, especially by applying the Bill of Rights. In this essay, we propose an analysis of how complex the unwritten Constitution is. Cases like Brown vs. Board of Education will be analyzed from a different point of view to understand the methods of the Court.


Veteran Treatment Courts, Honorable Robert T. Russell 2015 Touro College Jacob D. Fuchsberg Law Center

Veteran Treatment Courts, Honorable Robert T. Russell

Touro Law Review

No abstract provided.


Sexually Exploited Youth: A View From The Bench, Honorable Fernando Camacho 2015 Touro College Jacob D. Fuchsberg Law Center

Sexually Exploited Youth: A View From The Bench, Honorable Fernando Camacho

Touro Law Review

No abstract provided.


Mental Health Courts: Bridging Two Worlds, Honorable Matthew J. D’Emic 2015 Touro College Jacob D. Fuchsberg Law Center

Mental Health Courts: Bridging Two Worlds, Honorable Matthew J. D’Emic

Touro Law Review

No abstract provided.


Adjudicating Cases Involving Adolescents In Suffolk County Criminal Courts, Honorable Fernando Camacho 2015 Touro College Jacob D. Fuchsberg Law Center

Adjudicating Cases Involving Adolescents In Suffolk County Criminal Courts, Honorable Fernando Camacho

Touro Law Review

No abstract provided.


Foreword, Honorable Judith S. Kaye 2015 Touro College Jacob D. Fuchsberg Law Center

Foreword, Honorable Judith S. Kaye

Touro Law Review

No abstract provided.


Foreword, Honorable Sol Wachtler 2015 Touro College Jacob D. Fuchsberg Law Center

Foreword, Honorable Sol Wachtler

Touro Law Review

No abstract provided.


Newsroom: Lawyers Under The Nazis, Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Lawyers Under The Nazis, Roger Williams University School Of Law

Life of the Law School (1993- )

Available @ http://law.rwu.edu/story/lawyers-under-nazis


Citizen Lewis Powell, David Westin 2015 Washington and Lee University School of Law

Citizen Lewis Powell, David Westin

Washington and Lee Law Review Online

No abstract provided.


Forum Selling, Daniel M. Klerman, Greg Reilly 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 ...


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