Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , 2014 Fordham University School of Law
Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen
James L. Kainen
The exclusionary evidence rules derived from the Fourth, Fifth, and Sixth Amendments continue to play an important role in constitutional criminal procedure, despite the intense controversy that surrounds them. The primary justification for these rules has shifted from an "imperative of judicial integrity" to the "deterrence of police conduct that violates... [constitutional] rights." Regardless of the justification it uses for the rules' existence, the Supreme Court continues to limit their breadth "at the margin," when "the acknowledged costs to other values vital to a rational system of criminal justice" outweigh the deterrent effects of exclusion. The most notable limitation on …
Case For A Constitutional Definition Of Hearsay: Requiring Confrontation Of Testimonial, Nonassertive Conduct And Statements Admitted To Explain An Unchallenged Investigation, The , 2014 Fordham University School of Law
Case For A Constitutional Definition Of Hearsay: Requiring Confrontation Of Testimonial, Nonassertive Conduct And Statements Admitted To Explain An Unchallenged Investigation, The , James L. Kainen
James L. Kainen
Crawford v. Washington’s historical approach to the confrontation clause establishes that testimonial hearsay inadmissible without confrontation at the founding is similarly inadmissible today, despite whether it fits a subsequently developed hearsay exception. Consequently, the requirement of confrontation depends upon whether an out-of-court statement is hearsay, testimonial, and, if so, whether it was nonetheless admissible without confrontation at the founding. A substantial literature has developed about whether hearsay statements are testimonial or were, like dying declarations, otherwise admissible at the founding. In contrast, this article focuses on the first question – whether statements are hearsay – which scholars have thus far …
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , 2014 Fordham University School of Law
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen
James L. Kainen
During the early nineteenth century, the contract clause served as the fundamental source of federally protected rights against the state. Yet the Supreme Court gradually eased many of the restrictions on state power enforced in the contract clause cases while developing the doctrine of substantive due process after the Civil War. By the end of the nineteenth century, the due process clause had usurped the place of the contract clause as the centerpiece in litigation about individual rights. Most analyses of the history of federally protected rights against the state have emphasized the rise of substantive due process to the …
Comentarios Al Proyecto Sobre Justicia En Las Relaciones De Consumo, 2014 Universidad Nacional de Mar del Plata
Comentarios Al Proyecto Sobre Justicia En Las Relaciones De Consumo, Gabriel Martinez Medrano
Gabriel Martinez Medrano
Comentario al Proyecto del P.E. Argentino sobre Justicia para las relaciones de Consumo (menor cuantía). Visión positiva del proyecto con algunas indicaciones prácticas.
Buying Time? False Assumptions About Abusive Appeals, 2014 The Catholic University of America, Columbus School of Law
Buying Time? False Assumptions About Abusive Appeals, Michael Kagan, Fatma Marouf, Rebecca Gill
Catholic University Law Review
No abstract provided.
Shame, Angry Judges, And The Social Media Effect, 2014 The Catholic University of America, Columbus School of Law
Shame, Angry Judges, And The Social Media Effect, Maxine D. Goodman
Catholic University Law Review
No abstract provided.
Balancing The Scales: Adhuc Sub Judice Li Est Or Trial By Media, 2014 Emory University
Balancing The Scales: Adhuc Sub Judice Li Est Or Trial By Media, Casey J. Cooper
Casey J Cooper
The right to freedom of expression and free press is recognized under almost all major human rights instruments and domestic legal systems—common and civil—in the world. However, what do you do when a fundamental right conflicts with another equally fundamental right, like the right to a fair trial? In the United States, the freedom of speech, encompassing the freedom of the press, goes nearly unfettered: the case is not the same for other common law countries. In light of cultural and historic facts, institutional factors, modern realities, and case-law, this Article contends that current American jurisprudence does not take into …
Confronting The Peppercorn Settlement In Merger Litigation: An Empirical Analysis And A Proposal For Reform, 2014 University of Pennsylvania Law School
Confronting The Peppercorn Settlement In Merger Litigation: An Empirical Analysis And A Proposal For Reform, Jill E. Fisch, Sean J. Griffith, Steven M. Davidoff
Steven Davidoff Solomon
Shareholder litigation challenging corporate mergers is ubiquitous, with the likelihood of a shareholder suit exceeding 90%. The value of this litigation, however, is questionable. The vast majority of merger cases settle for nothing more than supplemental disclosures in the merger proxy statement. The attorneys that bring these lawsuits are compensated for their efforts with a court-awarded fee. This leads critics to charge that merger litigation benefits only the lawyers who bring the claims, not the shareholders they represent. In response, defenders of merger litigation argue that the lawsuits serve a useful oversight function and that the improved disclosures that result …
Following Lower-Court Precedent, 2014 William & Mary Law School
Following Lower-Court Precedent, Aaron-Andrew P. Bruhl
Faculty Publications
This Article examines the role of lower-court precedent in the US Supreme Court’s decisions. The Supreme Court is rarely the first court to consider a legal question, and therefore the Court has the opportunity to be informed by and perhaps even persuaded by the views of the various lower courts that have previously addressed the issue. This Article considers whether the Court should give weight to lower-court precedent as a matter of normative theory and whether the Court in fact does so as a matter of practice. To answer the normative question, this Article analyzes a variety of potential reasons …
Personal Is Political For Roberts Court, 2014 Georgia State University College of Law
Personal Is Political For Roberts Court, Eric J. Segall
Faculty Publications By Year
No abstract provided.
Open Chambers: Demystifying The Inner Workings And Culture Of The Georgia Court Of Appeals, 2014 Mercer University School of Law
Open Chambers: Demystifying The Inner Workings And Culture Of The Georgia Court Of Appeals, Stephen Louis A. Dillard
Mercer Law Review
I vividly remember the day I learned of my appointment to the Georgia Court of Appeals. I was sitting in my cluttered but comfortable office, preparing for what would ultimately be my last hearing as a lawyer, when the phone rang. On the other end of the line was Governor Sonny Perdue's executive assistant: "Mr. Dillard, do you have time to speak with the governor?" I did, of course. And less than two weeks after that brief but life-changing conversation with Governor Perdue, I was one of Georgia's two newly appointed appellate judges (and the seventy-third judge to serve on …
Naalj Membership Application And Questionnaire, 2014 Pepperdine University
Naalj Membership Application And Questionnaire, Alice Won
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Fixing Disability Courts, 2014 Pepperdine University
Fixing Disability Courts, D. Randall Frye
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Hearing Examiners And The Administrative Procedure Act, 1937-1960, 2014 Pepperdine University
The Hearing Examiners And The Administrative Procedure Act, 1937-1960, Joanna L. Grisinger
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Dred Scott: A Nightmare For The Originalists, 2014 Touro Law Center
Dred Scott: A Nightmare For The Originalists, Sol Wachtler
Touro Law Review
No abstract provided.
Federalism, Diversity, Equality, And Article Iii Judges: Geography, Identity, And Bias, 2014 University of Florida Levin College of Law
Federalism, Diversity, Equality, And Article Iii Judges: Geography, Identity, And Bias, Sharon E. Rush
UF Law Faculty Publications
Each individual has a background, and that background shapes the individual’s views about life, creating an inevitable form of bias referred to as “experiential bias.” Experiential bias is shaped by many identity traits, including, among others, race, sex, sexual orientation, religion and even geography. The geographic identity of state judges and their potential unfair experiential bias is the common justification for federal court diversity jurisdiction. But experiential bias is inescapable, affecting everyone who's ever had an experience, and is generally not unfair, as demonstrated by most studies regarding the "fairness" justification for diversity jurisdiction. More recently, Justice O’Connor connected racial …
An Overview Of The October 2005 Supreme Court Term, 2014 Touro University Jacob D. Fuchsberg Law Center
An Overview Of The October 2005 Supreme Court Term, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Judges Of The United States Court Of Appeals For The Ninth Circuit, 2014 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.
Historical Antecedents Of Challenges Facing The Georgia Appellate Courts, 2014 Bondurant Mixson & Elmore LLP
Historical Antecedents Of Challenges Facing The Georgia Appellate Courts, Michael B. Terry
Georgia State University Law Review
The Georgia appellate courts face challenges common to many courts in these days of reduced governmental resources. At the same time, the Georgia appellate courts face unusual challenges that can be traced to their historical antecedents and one unique constitutional provision: the “Two-Term Rule.” Just as “[t]he law embodies the story of a nation’s development through many centuries,” the current rules and practices of both the Supreme Court of Georgia and the Court of Appeals of Georgia embody the story of the development of those courts since their founding.
Several aspects of the history of the courts directly impact the …
53rd Henry J. Miller Distinguished Lecture Series, 2014 The Supreme Court of the United States
53rd Henry J. Miller Distinguished Lecture Series, The Hon. Justice John Paul Stevens
Georgia State University Law Review
Remarks by the Honorable John Paul Stevens, Retired Associate Justice of the Supreme Court of the United States, at the 53rd Henry J. Miller Distinguished Lecture Series.