Entombed Writs' Effective Renaissance: Surveying And Sealing Federal Rule Of Civil Procedure 60(B)'S Interpretive Gaps,
2022
Cleveland State University
Entombed Writs' Effective Renaissance: Surveying And Sealing Federal Rule Of Civil Procedure 60(B)'S Interpretive Gaps, Amir Shachmurove
Cleveland State Law Review
For centuries, the hoary principle of finality and the Latin-denominated writs devised so as to mollify its obduracy cast fearsome shadows, unchallenged within the courts of the British Isles. In the United States, these expatiated doctrines stalked with equal aplomb from the time of Chief Justice John James Marshall to the advent of the Federal Rules of Civil Procedure. For nearly 150 years, therefore, federal procedural law recognized only the skimpiest opportunities for renewed introspection afforded by these increasingly anachronistic constructs, ones nonetheless imbued with more and more of antiquity’s nearly sacerdotal sheen with each passing year.
In time, as …
Massachusetts Needs More Ex-Public Defenders As Judges,
2022
Boston University School of Law
Massachusetts Needs More Ex-Public Defenders As Judges, Sadiq Reza
Shorter Faculty Works
Four to one.
That is the ratio of former prosecutors to public defenders who sit on the seven-person Supreme Judicial Court, our highest state court.
On our 25-member Appeals Court, which sits one level below the SJC and is the final word in the vast majority of criminal cases, the count is worse: 16 to three. But two of those former public defenders also worked as prosecutors before reaching the bench; and two other appellate judges, while never formal prosecutors, worked in the Attorney General's Office (i.e., in other law enforcement roles).
This staggering imbalance of experience and outlook is …
Life And Afterlife In The Steel Seizure Case,
2022
University at Buffalo School of Law
Life And Afterlife In The Steel Seizure Case, Matthew Steilen
Buffalo Law Review
This Essay examines the proper role of the Supreme Court in deciding disputes between Congress and the President. Progressive commentators are now urging the Court to dismiss these cases as political questions, at least where doing so would give effect to congressional regulations of the President. The Court’s interference is criticized as antidemocratic. This Essay advances a different conception of the Supreme Court’s role by examining the famous Steel Seizure Case. In that case, the Court upheld an injunction barring President Truman from seizing the nation’s steel mills, on grounds that doing so was inconsistent with congressional will and without …
Book Review: The Mighty Roe Has Fallen (Probably): A Call To Action As An Antidote To Despair,
2022
Brooklyn Law School
Book Review: The Mighty Roe Has Fallen (Probably): A Call To Action As An Antidote To Despair, Loreen Peritz
Journal of Law and Policy
Reviewing CONTROLLING WOMEN: WHAT WE MUST DO NOW TO SAVE REPRODUCTIVE FREEDOM. By Kathryn Kolbert & Julie Kay. New York, NY: Hachette Books, 2021. 304 pp., $29.00
Administrative Deference And The Social Security Administration: Survey And Analysis,
2022
Brooklyn Law School
Administrative Deference And The Social Security Administration: Survey And Analysis, Nicholas M. Ohanesian
Journal of Law and Policy
The purpose of this article is to examine the role of administrative deference when decisions of the Social Security Administration are reviewed by federal courts. The concept of administrative deference to administrative agencies in federal courts goes back to the 1930’s during the rise of the New Deal—with the high-water mark reached by the Supreme Court in Chevron v. National Resources Defense Council. Since this point, there has been a growing chorus calling to re-examine or outright roll back the deference owed to these agencies when their decisions are reviewed in federal court. Prior to rewriting the standards, this article …
United States V. Donziger: How The Mere Appearance Of Judicial Impropriety Harms Us All,
2022
Brooklyn Law School
United States V. Donziger: How The Mere Appearance Of Judicial Impropriety Harms Us All, Jackie Kushner
Journal of Law and Policy
In 2011, environmentalist lawyer Steven Donziger was sued in a retaliatory lawsuit by the oil company Chevron, following his securement of a multibillion-dollar award against the company for its environmental harms in Ecuador. In a case rife with judicial impropriety, Donziger was ultimately charged with criminal contempt of court and his charges were prosecuted by a private attorney. These suits exemplify the growing problem of powerful corporations using legal tactics to retaliate against activists and undermine the legitimacy of the legal system. Federal judges contribute to the problem by misusing the extensive power they hold in distinguishing criminal from civil …
Consider Collateral Consequences: The Inherent Hypocrisy Of Veterans Treatment Courts’ Failure To Dismiss Criminal Charges,
2022
Brooklyn Law School
Consider Collateral Consequences: The Inherent Hypocrisy Of Veterans Treatment Courts’ Failure To Dismiss Criminal Charges, Julia W. Williams
Journal of Law and Policy
American veterans are often plagued by psychological and physical injuries, among other hardships, which, when unaddressed, can lead to substance abuse, criminal behavior, and suicide. As public awareness of the difficulties that American veterans face was growing, the problem-solving court movement was also gaining momentum. Largely inspired by therapeutic jurisprudence, an interdisciplinary framework that sees the law as a way to reach therapeutic outcomes, problem-solving courts seek to identify the root causes of criminal behavior and address those causes in ways that promote rehabilitation and reduce recidivism. Veterans Treatment Courts (“VTCs”) emerged when veterans advocacy intersected with the problem-solving court …
How Technology Is Changing Justice In China,
2022
Duke Law School
How Technology Is Changing Justice In China, Shitong Qiao, Zhiyu Li, Benjamin Chen
Judicature International
No abstract provided.
Taking Courthouse Discrimination Seriously: The Role Of Judges As Ethical Leaders,
2022
Texas A&M University School of Law
Taking Courthouse Discrimination Seriously: The Role Of Judges As Ethical Leaders, Susan Saab Fortney
Faculty Scholarship
Sexual misconduct allegations against Alex Kozinski, a once powerful judge in the U.S. Court of Appeals for the 9th Circuit, spotlighted concerns related to sexual harassment in the judiciary. Following news reports related to the alleged misconduct, Chief Justice John G. Roberts, Jr. charged a working group with examining safeguards to deal with inappropriate conduct in the judicial workplace. Based on recommendations made in the Report of the Federal Judiciary Workplace Conduct Working Group, the Judicial Conference approved a number of reforms and improvements related to workplace conduct in the federal judiciary. The reforms included revising the Code of …
Online Legal Help-Seeking For Victims Of Intimate Partner Violence During The Covid-19 Pandemic,
2022
University of Kentucky
Online Legal Help-Seeking For Victims Of Intimate Partner Violence During The Covid-19 Pandemic, Christina S. Walker
Dignity: A Journal of Analysis of Exploitation and Violence
Legal, court, and criminal justice professionals regularly navigate court procedures and processes through online portals. They know where to locate applicable court rules, such as a specific section on a court website or a departmental contact. However, these tasks can be extremely daunting for laypersons seeking court assistance, especially for victims of violence who have limited time away from the abuser. To determine how state judicial branches make information available about protective order procedures and general information to a layperson, especially to victims of intimate partner violence, this study assessed court websites of five states where intimate partner violence (IPV) …
Appointing And Training Judges In Egypt And Comparative Systems,
2022
The American University in Cairo AUC
Appointing And Training Judges In Egypt And Comparative Systems, Moataz Muhammad Al-Saghir Aidaros
Theses and Dissertations
The topic of the paper is very important, as it comes up at a time when the Egyptians have come to a point that reforming Egypt’s justice system is a hopeless case. This is due to the outdated and inefficient way of thinking and performing in the judiciary. Thus the goal of this paper is to make an intellectual contribution to a sustainable reform program of the Egyptian judiciary and namely the systems of judicial appointment and judicial training using their roles as agents of progress and development. This aspiring research argues that the Higher Council of Judicial Entities and …
Alumna Doris Pryor, ’03, Nominated To Seventh Circuit,
2022
Maurer School of Law - Indiana University
Alumna Doris Pryor, ’03, Nominated To Seventh Circuit, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
President Joe Biden announced three judicial nominees on May 25, including the Hon. Doris L. Pryor—a 2003 graduate of the Maurer School of Law—to the U.S. Court of Appeals for the Seventh Circuit.
What Are Victim Impact Statements For?,
2022
Brooklyn Law School
What Are Victim Impact Statements For?, Susan A. Bandes
Brooklyn Law Review
In Payne v. Tennessee, the US Supreme Court upheld the admission of victim impact statements (VIS) on the ground that they provide valuable information to the sentencer. In the three decades since, two additional rationales for VIS have become ascendant: most prominently, a therapeutic rationale, and more recently, a public education rationale. In this article, I expand upon my critiques of the informational and therapeutic rationales in light of a growing body of empirical evidence about how VIS affect both sentencers and crime victims. Focusing on the powerful and viral VIS delivered at the Larry Nassar guilty plea hearings and …
Roger Williams University School Of Law Commencement Class Of 2022,
2022
Roger Williams University
Roger Williams University School Of Law Commencement Class Of 2022, Roger Williams University School Of Law
School of Law Commencement (1996- )
No abstract provided.
Table Of Contents & Masthead,
2022
Pepperdine University
Table Of Contents & Masthead, Cara M. Macdonald
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Warrant Nullification,
2022
Morehead State University
Warrant Nullification, L. Joe Dunman
West Virginia Law Review
Police officers execute thousands of search warrants in the United States every year, often looking for drugs in people's homes. Many search warrants are executed by militarized "dynamic entry" teams who violently conduct raids late at night with little or no warning, guns drawn. These raids have killed and injured hundreds of people nationwide-not just suspects but also officers and bystanders. Protests erupt in response, the community divides, and trust in institutions crumbles.
Legislative and executive policy can reduce the violence of search warrant executions, but could there also be a judicial option? This Article explores one such option: nullification. …
In Defense Of Self And Home: The Problems With Limiting Second Amendment Rights For Young Adults Based On Their Age,
2022
University of Cincinnati College of Law
In Defense Of Self And Home: The Problems With Limiting Second Amendment Rights For Young Adults Based On Their Age, Andrew White
University of Cincinnati Law Review
No abstract provided.
A Tipping Point In Ohio: The Primacy Model As A Path To A Consistent Application Of Judicial Federalism,
2022
University of Cincinnati College of Law
A Tipping Point In Ohio: The Primacy Model As A Path To A Consistent Application Of Judicial Federalism, The Honorable Pierre Bergeron
University of Cincinnati Law Review
No abstract provided.
Champions For Justice 8th Annual, May 6, 2022,
2022
Roger Williams University
Champions For Justice 8th Annual, May 6, 2022, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Using Law Clerks To Improve Efficiency In Jamaican Courts,
2022
Howard University School of Law
Using Law Clerks To Improve Efficiency In Jamaican Courts, Sha-Shana Crichton
Georgia Journal of International & Comparative Law
No abstract provided.