Seattle University School of Law
CUNY John Jay College
Texas Fifth Court of Appeals
Fordham University School of Law
Cornell Law School
Morality in Media & National Center on Sexual Exploitation
Indiana University Robert H. McKinney School of Law
University of Nevada, Las Vegas -- William S. Boyd School of Law
UIC School of Law
Childist Objections, Youthful Relevance, And Evidence Reconceived,
2023
Penn State Dickinson Law
Childist Objections, Youthful Relevance, And Evidence Reconceived, Mae C. Quinn
Dickinson Law Review (2017-Present)
Evidence rules are written by and for adults. As a result, they largely lack the vantage point of youth and are rooted in arm’s-length assumptions about the lives and legal interests of young people. Moreover, because children have been mostly treated as evidentiary afterthoughts, they have been patched into the justice system and its procedures in a piecemeal fashion. Yet, to date, there has been no comprehensive scholarly critique of evidence principles and practices for failing to meaningfully account for youth. And the evidentiary intersection of youth and race has been almost entirely overlooked in legal scholarship. This Article, in …
The Failure Of Judicial Recusal And Disclosure Rules: Evidence From A Field Experiment,
2023
Northwestern Pritzker School of Law
The Failure Of Judicial Recusal And Disclosure Rules: Evidence From A Field Experiment, Dane Thorley
Northwestern University Law Review
U.S. courts rely predominately on judicial self-recusal and in-court disclosure to address judicial conflicts of interest and maintain a critical perception of impartiality. But these approaches fail to account for the legal, institutional, and social dynamics that surround the relationship between judges, attorneys, and the adjudicative process. In reality, judges rarely use their discretion to disclose conflicts or recuse themselves, and attorneys do not ask them to do so. If we understand both the legal and extralegal incentives at play in these decisions, none of these outcomes should be surprising. The shortcomings of recusal and disclosure rules are particularly salient …
Bottom-Rung Appeals,
2023
University of Florida Levin College of Law
Bottom-Rung Appeals, Meritt E. Mcalister
Fordham Law Review
There are “haves” and “have-nots” in the federal appellate courts, and the “haves” get more attention. For decades, the courts have used a triage regime under which they distribute judicial attention selectively: some appeals receive a lot of judicial attention, and some appeals receive barely any. What this Article reveals is that this triage system produces demonstrably unequal results, depending on the circuit handling the appeal and whether the appellant has counsel or not. Together, these two factors produce significant disparities: in one circuit, for example, an unrepresented appellant receives, on average, a decision less than a tenth the length …
The "Crisis Of Expertise" Reaches The Courtroom: An Introduction To The Symposium On, And A Response To, Edward Cheng's Consensus Rule,
2023
Villanova University Charles Widger School of Law
The "Crisis Of Expertise" Reaches The Courtroom: An Introduction To The Symposium On, And A Response To, Edward Cheng's Consensus Rule, David S. Caudill
Villanova Law Review
No abstract provided.
The Owls: Some Difficulties In Judging Scientific Consensus,
2023
Villanova University Charles Widger School of Law
The Owls: Some Difficulties In Judging Scientific Consensus, Harry Collins
Villanova Law Review
No abstract provided.
The Adversity Of Adversarialism: How The Consensus Rule Reproduces The Expert Paradox,
2023
Villanova University Charles Widger School of Law
The Adversity Of Adversarialism: How The Consensus Rule Reproduces The Expert Paradox, Martin Weinel
Villanova Law Review
No abstract provided.
The Consensus Rule: Lessons From The Regulatory World,
2023
Villanova University Charles Widger School of Law
The Consensus Rule: Lessons From The Regulatory World, Wendy Wagner
Villanova Law Review
No abstract provided.
Embracing Deference,
2023
Villanova University Charles Widger School of Law
Embracing Deference, Edward K. Cheng, Elodie O. Currier, Payton B. Hampton
Villanova Law Review
No abstract provided.
The Consensus Rule: Judges, Jurors, And Admissibility Hearings,
2023
Villanova University Charles Widger School of Law
The Consensus Rule: Judges, Jurors, And Admissibility Hearings, Robert Evans
Villanova Law Review
No abstract provided.
Law School News: Rwu Law Names Judge Brian Stern As Chair Of Board Of Directors,
2023
Roger Williams University School of Law
Law School News: Rwu Law Names Judge Brian Stern As Chair Of Board Of Directors, Jill Rodrigues
Life of the Law School (1993- )
No abstract provided.
Masthead And Table Of Contents,
2023
Pepperdine University
Masthead And Table Of Contents, Deepika Chandrashekar
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice,
2023
Villanova University Charles Widger School of Law
What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman
Villanova Environmental Law Journal
No abstract provided.
Mooting Unilateral Mootness,
2023
University of Michigan Law School
Mooting Unilateral Mootness, Scott T. Macguidwin
Michigan Law Review
Several situations cause a case to be moot. These include settlement agreements, party collusion, changes in litigant status, and extrinsic circumstances thwarting the court from granting any relief. The final reason is unilateral mootness—when a defendant ends a lawsuit against a plaintiff’s wishes by giving them everything for which they ask. In practice, this allows defendants to strategically stop lawsuits when it is clear they are not going to win. By doing so, they prevent the court from handing down adverse precedent and preserve the opportunity to engage in similar behavior with impunity. Courts have established a series of mootness …
The Family Values: Is It Really About The Family? Analyzing The Family In The Egyptian Discourse Through A Sociological Lens,
2023
American University in Cairo
The Family Values: Is It Really About The Family? Analyzing The Family In The Egyptian Discourse Through A Sociological Lens, Taher Sabala
Theses and Dissertations
The Egyptian state has put on its shoulders the responsibility of protecting the family and its values. But how this family, in a massive society like Egypt, can be defined? In this paper, I argue that it has never been about protecting the family. However, it is an attempt to shape the citizens into small separate hives which give the State the power to gain access to the intimate details of its citizens’ lives through which they can be easily monitored, managed, and controlled. By analyzing Michel Foucault’s work on government, power, sexuality, and family, I travel through a historical …
The Exit Theory Of Judicial Appraisal,
2023
Emory Law School
The Exit Theory Of Judicial Appraisal, William J. Carney, Keith Sharfman
Fordham Journal of Corporate & Financial Law
For many years, we and other commentators have observed the problem with allowing judges wide discretion to fashion appraisal awards to dissenting shareholders based on widely divergent, expert valuation evidence submitted by the litigating parties. The results of this discretionary approach to valuation have been to make appraisal litigation less predictable and therefore more costly and likely. While this has been beneficial to professionals who profit from corporate valuation litigation, it has been harmful to shareholders, making deals costlier and less likely to be completed.
In this Article, we propose to end the problem of discretionary judicial valuation by tracing …
You'll Grow Into It: How Federal And State Courts Have Erred In Excluding Persons Under Twenty-One From 'The People' Protected By The Second Amendment,
2023
FIU College of Law
You'll Grow Into It: How Federal And State Courts Have Erred In Excluding Persons Under Twenty-One From 'The People' Protected By The Second Amendment, Ryder Gaenz
FIU Law Review
After more than two centuries of jurisprudential stillness, the United States Supreme Court undertook the task of discerning the Second Amendment’s meaning in District of Columbia v. Heller, holding that the Second Amendment protects the individual right to self-defense. Since Heller, the lower courts have grappled with determining the scope of the Second Amendment. One question of scope—the subject of this piece—is at what age does a person come within the scope of the Second Amendment’s protections? Some federal and state courts have suggested, and in some cases held, that persons under twenty-one do not enjoy Second Amendment rights. However, …
Contempt Power And The United States Courts,
2023
Mitchell Hamline School of Law
Contempt Power And The United States Courts, Joshua Carback
Mitchell Hamline Law Journal of Public Policy and Practice
Contempt power is one of the most important legacies of English common law in federal common law. Substantively, the contempt power of the United States Courts is relatively similar to that employed by the Court of King’s Bench in the eighteenth century. Procedurally, however, it is quite different. The Rules Enabling Act of 1934 created an interbranch framework for crafting procedural rules for the United States Courts. All three branches of the federal government collaborated under that framework with the intention of rationalizing, systemizing, and delimiting the boundaries of contempt power. The culmination of decades of strenuous rulemaking, unfortunately, was …
The Application Of Law As A Key To Understanding Judicial Independence,
2023
Florida State University College of Law
The Application Of Law As A Key To Understanding Judicial Independence, Tahirih V. Lee
FIU Law Review
Judges across China recently declined to apply a law that the National People’s Congress had newly brought into effect. In this article, I describe this startling finding and explore the significance of it. I conclude that it represents an exercise of judicial independence. Using a thickly descriptive approach that focuses on textual analysis and institutional context, I demonstrate that judges in China have no legal duty to apply law and that it is professionally risky for them to apply law; that judges there operate within a professional culture that encourages restraint; and that the court system has developed a strong …
An Analytical Study On The Intervention Of The Legislature To The Constitutional Court In Indonesia Compared To Developed Countries,
2022
Faculty of Law, Hasanuddin University, Makassar, Indonesia,
An Analytical Study On The Intervention Of The Legislature To The Constitutional Court In Indonesia Compared To Developed Countries, Mochammad Arief Agus, Andi Muhammad Irvan Alamsyah
Indonesia Law Review
Practical improvements in the national institution context brought numerous changes regarding interactions between The Constitutional Court & The legislature including contemporary polemics. The check and balances framework is important to be noticed related to the Judge’s Independence. Aswanto’s recall as one of the Judges of the Indonesian Constitutional Court encourages us to elaborate more about the essence of independence. At the same time, checks and balances should stand out. What is the legal standing of any actions taken by the parliament to the constitutional court? How do developed countries practice the relationship between the legislature and the judiciary? The answer …
A Mixed Bag: Critical Reflections On The Revised Ethical Principles For Judges,
2022
Dalhousie University - Schulich School of Law
A Mixed Bag: Critical Reflections On The Revised Ethical Principles For Judges, Richard Devlin, Jula Hughes, Pooja Parmar, Stephen Ga Pitel, Amy Salyzyn
Articles, Book Chapters, & Popular Press
In 2021 the Canadian Judicial Council completed a multi-year review and update of Ethical Principles for Judges (EPJ), the ethical and professional guidance for all federally-appointed judges in Canada. The revisions address issues such as case management and settlement conferences, technological competence and the use of social media, interactions with self-represented litigants, professional development for judges, confidentiality, and the return of former judges to the practice of law. In this article, five directors of the Canadian Association for Legal Ethics/Association canadienne pour l’éthique juridique analyze the revised EPJ and offer their observations.
The article covers five important topics. On impartiality, …
