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Judges In Lawyerless Courts, Anna E. Carpenter, Colleen F. Shanahan, Jessica K. Steinberg, Alyx Mark 2022 S.J. Quinney College of Law, University of Utah

Judges In Lawyerless Courts, Anna E. Carpenter, Colleen F. Shanahan, Jessica K. Steinberg, Alyx Mark

Utah Law Faculty Scholarship

The typical American civil trial court is lawyerless. In response to the challenge of pro se litigation, scholars, advocates, judges, and courts have embraced a key solution: reforming the judge’s traditional role. The prevailing vision calls on trial judges to set aside traditional judicial passivity, simplify court procedures, and offer a range of assistance and accommodation to people without counsel.

Despite widespread support for judicial role reform, we know little of whether and how judges are implementing pro se assistance recommendations. Our lack of knowledge stands in stark contrast to the responsibility civil trial judges bear – and the power ...


Two Diametrically Opposed Jurists: The Jurisprudence Of Chief Justices Roger B. Taney And Salmon P. Chase, Alexandra M. Michalak 2021 University of Louisville

Two Diametrically Opposed Jurists: The Jurisprudence Of Chief Justices Roger B. Taney And Salmon P. Chase, Alexandra M. Michalak

The Cardinal Edge

No abstract provided.


How Biden Began Building Back Better The Federal Bench, Carl Tobias 2021 University of Richmond School of Law

How Biden Began Building Back Better The Federal Bench, Carl Tobias

Washington and Lee Law Review Online

In October 2020, Democratic presidential nominee Joseph Biden famously expressed regret that the fifty-four accomplished, conservative, and young federal appellate court jurists and the 174 comparatively similar district court judges whom former– Republican President Donald Trump and the recent pair of analogous Grand Old Party Senate majorities in the 115th and 116th Congress appointed had left the courts of appeals and the district courts “out of whack.” Lamentable were the numerous detrimental ways in which President Trump and these Republican Senate majorities attempted to undercut the appeals courts and district courts, which actually constitute the tribunals of last resort in ...


Masthead & Table Of Contents, Zachary T. Remijas 2021 Pepperdine University

Masthead & Table Of Contents, Zachary T. Remijas

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


A Taxonomy On Constitutional Court Appointment Mechanisms In Federal Countries, Molly Madden 2021 Indiana University, Bloomington

A Taxonomy On Constitutional Court Appointment Mechanisms In Federal Countries, Molly Madden

Indiana Journal of Constitutional Design

This paper provides a taxonomy of how federal countries appoint judges to their highest courts. Appointment mechanisms involve (1) little or no meaningful input from state government, (2) the states acting in an indirect role, or (3) substantial state government input. Within-group one, countries that allow for little to no meaningful input from state governments, some countries require that one federal body check another federal body during the appointment process, such as the federal executive’s nominees are confirmed by the federal senate. I first evaluate which court or entity in each country answers federalism questions, whether that is a ...


Who Now Sits Atop The Pyramid Of Violence?, Harrison Weimer 2021 University of California, Irvine School of Law

Who Now Sits Atop The Pyramid Of Violence?, Harrison Weimer

UC Irvine Law Review

This Note seeks to provoke a conversation about the rise in power of federal prosecutors at the expense of district court judges, focusing on the controlled-substances context. While referencing Robert Cover’s portrayal of the justice system as a “pyramid of violence,” this Note shows how the federal mandatory-minimum sentencing laws and the U.S. Sentencing Commission’s Sentencing Guidelines brought about this change. These sentencing schemes have anchored what prosecutors and judges deem an appropriate sentence. Prosecutors are thinking about sentences while deciding what charges to bring. After a discussion about sentencing legislation and current sentencing procedures, this Note ...


Partisan Or Precedent: The History Of Nominating Supreme Court Judges In Presidential Election Years, Hattie Jefferies 2021 Liberty University

Partisan Or Precedent: The History Of Nominating Supreme Court Judges In Presidential Election Years, Hattie Jefferies

Helms School of Government Undergraduate Law Review

No abstract provided.


The Return Of A Judicial Artifact? How The Supreme Court Could Examine The Question Of The Nondelegation Doctrine’S Place In Future Cases, Dalton Davis 2021 Liberty University

The Return Of A Judicial Artifact? How The Supreme Court Could Examine The Question Of The Nondelegation Doctrine’S Place In Future Cases, Dalton Davis

Helms School of Government Undergraduate Law Review

No abstract provided.


Private Lives At Home And Public Lives In Court: Protecting The Privacy Of Federal Judges' Home Addresses, Hannah Elias Sbaity 2021 University of Georgia School of Law

Private Lives At Home And Public Lives In Court: Protecting The Privacy Of Federal Judges' Home Addresses, Hannah Elias Sbaity

Journal of Intellectual Property Law

Targeted murders of federal judges and their families at their private homes date back to May 29, 1979. Most recently, in July 2020, Judge Esther Salas’s only son, Daniel, was murdered and her husband near-fatally shot at their home. Individuals wishing to inflict such harm or death at federal judges’ homes have been able to do so because of federal judges’ publicly available home addresses. Because personally identifying information (PII) is defined differently from statute to statute, home addresses largely remain public information in most states and can be found in real estate records, data broker websites, social media ...


Law School News: Logan Article Central To Scotus Dissent, Roger Williams University School of Law 2021 Roger Williams University

Law School News: Logan Article Central To Scotus Dissent, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


حدود مسئولية القضاة في القانون الفلسطيني, عبدالله خليل الفرا أستاذ مشارك 2021 جامعة الأزهر-غزة

حدود مسئولية القضاة في القانون الفلسطيني, عبدالله خليل الفرا أستاذ مشارك

Journal of Al-Azhar University – Gaza (Humanities)

الملخص:

إذا كان أساس مسئولية القاضي هو فكرة الخطأ الشخصي أو المرفقي، فإن نطاق هذه المسئولية يتحدد بما ورد في النص، وبالتالي فهي تكون مدنية باعتباره شخصاً عاديًّا، ووفقاً لقواعد المسئولية العقدية والتقصيرية، أما كونه قاضياً فتكون المسئولية في إطار العمل القضائي في حدود دعوى مخاصمة القضاة. وفي الإطار الجزائي فإنه يسأل في إطار عمله عما يعد جرماً، لكنه لا يوقف إلا بقرار من مجلس القضاء الأعلى ولا يحقق معه إلا من قبل قاض يندب لهذا الغرض، ولا يحتجز في أماكن حجز العامة، وإن كان في ذات السجن. أما مسئوليته التأديبية فتكون عن إخلاله بواجباته العامة، ولا يوقع عليه ...


Law School News: Nava Wins Inaugural Judicial Fellowship 06/23/2021, Michael M. Bowden 2021 Roger Williams University School of Law

Law School News: Nava Wins Inaugural Judicial Fellowship 06/23/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Letter Of April 21, 2021, From Craig Scott To Canadian Judicial Council Review Panel In Justice David Spiro Proceeding (Cjc File 20-0260) Concerning The Reliability Of The University Of Toronto Cromwell Report & “For The Record”, Cover Note On Letter Of April 21, 2021, And On May 20, 2021, Canadian Judicial Council Disposition In Justice David Spiro Proceeding (Cjc File 20-0260) (April 21, 2021 & June 2, 2021), Craig M. Scott 2021 Osgoode Hall Law School of York University

Letter Of April 21, 2021, From Craig Scott To Canadian Judicial Council Review Panel In Justice David Spiro Proceeding (Cjc File 20-0260) Concerning The Reliability Of The University Of Toronto Cromwell Report & “For The Record”, Cover Note On Letter Of April 21, 2021, And On May 20, 2021, Canadian Judicial Council Disposition In Justice David Spiro Proceeding (Cjc File 20-0260) (April 21, 2021 & June 2, 2021), Craig M. Scott

Editorials and Commentaries

On September 20, 2020, I joined myself to a complaint filed with the Canadian Judicial Council by Professor Les Green.The complaint concerned revelations of the interference by a yet-to-be-publicly-named judge of the Tax Court of Canada into a University of Toronto Faculty of Law hiring process for a new director of its International Human Rights Program.


Beyond “Children Are Different”: The Revolution In Juvenile Intake And Sentencing, Josh Gupta-Kagan 2021 University of Washington School of Law

Beyond “Children Are Different”: The Revolution In Juvenile Intake And Sentencing, Josh Gupta-Kagan

Washington Law Review

For more than 120 years, juvenile justice law has not substantively defined the core questions in most delinquency cases—when should the state prosecute children rather than divert them from the court system (the intake decision), and what should the state do with children once they are convicted (the sentencing decision)? Instead, the law has granted certain legal actors wide discretion over these decisions, namely prosecutors at intake and judges at sentencing. This Article identifies and analyzes an essential reform trend changing that reality: legislation, enacted in at least eight states in the 2010s, to limit when children can be ...


A Firm Pillar Of Local Justice: The Failures Of The New York Town And Village Justice Courts Supporting Statewide Adoption Of The District Court Model, Noah Sexton 2021 Brooklyn Law School

A Firm Pillar Of Local Justice: The Failures Of The New York Town And Village Justice Courts Supporting Statewide Adoption Of The District Court Model, Noah Sexton

Journal of Law and Policy

Town and village justice courts have been the center of municipal law, both civil and criminal, since the mid-nineteenth century. However, in the modern world, they have become corrupt, poorly managed institutions, creating issues involving procedural integrity and civil rights. In order to remedy these failures and modernize the New York State Unified Court System, state legislators must look to the district court model as it currently exists in Nassau and Eastern Suffolk Counties. The district court model offers several benefits, including the imposition of educational and experiential requirements for judges, the creation of internal and external oversight institutions, the ...


Turning The Tables On Rds: Racially Revealing Questions Asked By White Judges, Constance Backhouse 2021 University of Ottawa, Faculty of Law

Turning The Tables On Rds: Racially Revealing Questions Asked By White Judges, Constance Backhouse

Dalhousie Law Journal

In the 1997 RDS case, the Supreme Court of Canada deliberated on the concept of judicial race bias. The decision subjected the oral ruling of a lower court trial judge in a busy Youth Court to close scrutiny. The majority of the nine-person, all-white bench reprimanded Canada’s first Black female judge, whose words about police officers who “overreact” in dealing with racialized youth they found “troubling” and “worrisome.” This article places the same close scrutiny on the words of the white judges who were most critical of the trial judge. It examines their informal interjections and comments at the ...


Talking Back In Court, M. Eve Hanan 2021 University of Washington School of Law

Talking Back In Court, M. Eve Hanan

Washington Law Review

People charged with crimes often speak directly to the judge presiding over their case. Yet, what can be seen in courtrooms across the U.S. is that defendants rarely “talk back” in court, meaning that they rarely challenge authority’s view of the law, the crime, the defendant, the court’s procedure, or the fairness of the proposed sentence.

With few exceptions, legal scholars have treated the occasions when defendants speak directly to the court as a problem to be solved by appointing more lawyers and better lawyers. While effective representation is crucial, this Article starts from the premise that ...


Judging By The Numbers: Judicial Analytics, The Justice System And Its Stakeholders, Jena McGill, Amy Salyzyn 2021 University of Ottawa, Faculty of Law

Judging By The Numbers: Judicial Analytics, The Justice System And Its Stakeholders, Jena Mcgill, Amy Salyzyn

Dalhousie Law Journal

This article considers the future of judicial analytics, its possible effects for the public, the judiciary and the legal profession, and potential responses to the rise of judicial analytics in Canada. Judicial analytics involves the use of advanced technologies, like machine learning and natural language processing, to quickly analyze publicly-available data about judges and judicial decision-making. While, in Canada, judicial analytics tools are as yet at the early stages of development and use, such tools are likely to become more powerful, more accurate and more accessible in the near-to-medium future, resulting in unprecedented public insight into judges and the work ...


Equal Injustice For All: High Quality Self-Representation Does Not Ensure A Matter Is “Fairly Heard”, Jona Goldschmidt 2021 Seattle University School of Law

Equal Injustice For All: High Quality Self-Representation Does Not Ensure A Matter Is “Fairly Heard”, Jona Goldschmidt

Seattle University Law Review SUpra

No abstract provided.


Doe V. Nestle, S.A.: Chocolate And The Prohibition On Child Slavery, Megan M. Coppa 2021 Elisabeth Haub School of Law, Pace University

Doe V. Nestle, S.A.: Chocolate And The Prohibition On Child Slavery, Megan M. Coppa

Pace International Law Review

West Africa is presently home to approximately 1.5 million acres of cocoa farmland, which subsequently produces 70% of the world’s current chocolate supply. Côte d’Ivoire, also known as the Ivory Coast, is one of the largest cocoa producing countries within West Africa.

The increase of farmland and the need to control the deteriorating conditions have always created a demand for farm workers. Regrettably, more than 1.5 million cocoa farm workers in West Africa are currently children. These child workers are exposed to hazardous dust, flames, smoke, and chemicals, are required to utilize dangerous tools that they ...


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