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Newsroom: Court As Classroom 03-01-2018, Roger Williams University School of Law 2018 Roger Williams University

Newsroom: Court As Classroom 03-01-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Solitary Troubles, Alexander A. Reinert 2018 Benjamin N. Cardozo School of Law

Solitary Troubles, Alexander A. Reinert

Notre Dame Law Review

Solitary confinement is one of the most severe forms of punishment that can be inflicted on human beings. In recent years, the use of extreme isolation in our prisons and jails has been questioned by correctional officials, medical experts, and reform advocates alike. Yet for nearly the entirety of American history, judicial regulation of the practice has been extremely limited. This Article explains why judges hesitate to question the use of solitary confinement, while also providing a path forward for greater scrutiny of the practice.


Sadomasochism: Descent Into Darkness, Annotated Accounts Of Cases, 1996-2014, Robert Peters 2018 Morality in Media & National Center on Sexual Exploitation

Sadomasochism: Descent Into Darkness, Annotated Accounts Of Cases, 1996-2014, Robert Peters

Dignity: A Journal on Sexual Exploitation and Violence

A collection of accounts of sadomasochistic sexual abuse from news reports and scholarly and professional sources about the dark underbelly of sadomasochism and the pornography that contributes to it. It focuses on crimes and other harmful sexual behavior related to the pursuit of sadistic sexual pleasure in North America and the U.K. It is intended to be a resource to educate people about how sadomasochism can lead to harmful and even deadly sadistic sexual behavior.


Deceptively Simple: Framing, Intuition And Judicial Gatekeeping Of Forensic Feature-Comparison Methods Evidence, Jane Campbell Moriarty 2018 Duquesne University School of Law

Deceptively Simple: Framing, Intuition And Judicial Gatekeeping Of Forensic Feature-Comparison Methods Evidence, Jane Campbell Moriarty

Jane Campbell Moriarty

During the Symposium for the Judicial Conference Advisory Committee on Evidence Rules, held at Boston College on October 27, 2017, the scientists, statisticians, legal academics, and criminal defense lawyers presented a unified theme: the federal courts have not fulfilled their role as gatekeepers to exclude or limit potentially unreliable feature-comparison methods of forensic science evidence (“FCM evidence”). The only voiced dissents came from the DOJ and FBI lawyers, who argued that the courts had been admitting such pattern-matching evidence properly and that the evidence was indeed reliable.


Blank Slates, Matthew Tokson 2018 University of Utah S.J. Quinney College of Law

Blank Slates, Matthew Tokson

Boston College Law Review

Courts sometimes confront gaps in formal law where doctrinal sources like text, history, and precedent fail to offer guidance in resolving a particular case. When these gaps are narrow, judges can generally address them through analogical reasoning or intuition. But sometimes legal gaps are too substantial to be filled with one-off decisions, and judges are called upon to create whole legal tests without the benefit of formal guidance or constraint. Courts currently lack a theoretical framework for addressing these difficult situations. This Article analyzes these “legal blank slates” and provides a framework for addressing them. Blank slates are less common ...


What Judges Need To Know: Schemas, Implicit Bias, And Empirical Research On Lgbt Parenting And Demographics, Todd Brower 2018 Western State College of Law

What Judges Need To Know: Schemas, Implicit Bias, And Empirical Research On Lgbt Parenting And Demographics, Todd Brower

DePaul Journal of Women, Gender and the Law

No abstract provided.


Judging Implicit Bias: A National Empirical Study Of Judicial Stereotypes, Justin D. Levinson, Mark W. Bennett, Koichi Hioki 2018 University of Florida Levin College of Law

Judging Implicit Bias: A National Empirical Study Of Judicial Stereotypes, Justin D. Levinson, Mark W. Bennett, Koichi Hioki

Florida Law Review

American judges, and especially lifetime-appointed federal judges, are often revered as the pinnacle of objectivity, possessing a deep commitment to fairness, and driven to seek justice as they interpret federal laws and the U.S. Constitution. As these judges struggle with some of the great challenges of the modern legal world, empirical scholars must seek to fully understand the role of implicit bias in judicial decision-making. Research from the field of implicit social cognition has long documented negative implicit biases towards a wide range of group members, some of whom may well be harmed in various ways across the legal ...


Newsroom: A Mentor And A Friend 2-21-2018, Michael M. Bowden 2018 Roger Williams University School of Law

Newsroom: A Mentor And A Friend 2-21-2018, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Who Determines What Is Egregious? Judge Or Jury: Enhanced Damages After Halo V. Pulse, Brandon M. Reed 2018 Georgia State University College of Law

Who Determines What Is Egregious? Judge Or Jury: Enhanced Damages After Halo V. Pulse, Brandon M. Reed

Georgia State University Law Review

Enhanced damages in patent law are a type of punitive damage that can be awarded in the case of “egregious misconduct” during the course of patent infringement. Authorization for enhanced damages comes from 35 U.S.C. § 284, which allows the district court to increase total damages up to three times the amount of actual damages found by the jury. It is well understood that, since enhanced damages are punitive in nature, enhancement should only be considered for cases of “wanton” or “deliberate” infringement. However, determining what constitutes this “egregious” misconduct has vastly transformed over time to include a negligence ...


The Future Of Federal Law Clerk Hiring, Aaron L. Nielson 2018 Selected Works

The Future Of Federal Law Clerk Hiring, Aaron L. Nielson

Aaron L. Nielson

The market for federal law clerks has been upended. Beginning in 2003, the Federal Judges Law Clerk Hiring Plan was implemented to regulate clerkship hiring. According to the Plan, a judge could not interview or hire a potential law clerk before the beginning of the applicant’s third year of law school. The Plan, however, never worked well, constantly got worse, and has now officially collapsed. Across the country, clerkship hiring once again regularly occurs during the second year of law school. This Article addresses the rise and inevitable fall of the Plan. In particular, it submits that the Plan ...


Maine's Overburdened Law Court: Has The Time Come For A Maine Appeals Court?, Peter L. Murray 2018 University of Maine School of Law

Maine's Overburdened Law Court: Has The Time Come For A Maine Appeals Court?, Peter L. Murray

Maine Law Review

For the entire 178 years of Maine's statehood, its Supreme Judicial Court, “sitting as the Law Court,” has served as Maine's appellate court of first and last resort for all appeals from its trial courts of general jurisdiction. Over this time span, and particularly over the last three decades, the growth in number and complexity of civil and criminal appeals has placed the Law Court under an extremely heavy burden of cases. The sheer number of the appeals which the Law Court is expected to consider and decide risks exceeding the capacity of the institution for careful, thorough ...


Creating Mischief: The Tenth Circuit Declares The Sec’S Administrative Law Judges Unconstitutional In Bandimere V. Securities Exchange Commission, Casey M. Olesen 2018 University of Maine School of Law

Creating Mischief: The Tenth Circuit Declares The Sec’S Administrative Law Judges Unconstitutional In Bandimere V. Securities Exchange Commission, Casey M. Olesen

Maine Law Review

Since the passage of the APA, administrative agencies’ use of Administrative Law Judges (ALJs) to preside over hearings has exploded, and now far outpaces the number trials conducted before federal judges. The Securities and Exchange Commission (SEC) is one such agency that heavily utilizes ALJs to conduct their hearings. Recently, following an apparent higher percentage of SEC wins before their own ALJs as compared to before federal judges, a new constitutional challenge on the basis of the Appointments Clause has been brought before several circuits; that the SEC’s ALJs are inferior officers of the SEC, not employees, and therefore ...


Ninth Annual Chief Justice Ronald M. George Distinguished Lecture: Judicial Insights With Chief Judge Sidney R. Thomas, Golden Gate University School of Law 2018 Golden Gate University School of Law

Ninth Annual Chief Justice Ronald M. George Distinguished Lecture: Judicial Insights With Chief Judge Sidney R. Thomas, Golden Gate University School Of Law

Ronald M. George Distinguished Lecture Series

Agenda

February 2, 2018

NINTH ANNUAL CHIEF JUSTICE RONALD M. GEORGE DISTINGUISHED LECTURE
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
SAN FRANCISCO, CALIFORNIA

6:00 p.m. WELCOME - Anthony Niedwiecki Dean, Golden Gate University School of Law
LAW REVIEW INTRODUCTION - Jamie Cooperman (JD 18) Editor-in-Chief, Golden Gate University Law Review,
Jessica Bennett (JD 18) Reyes v. Lewis: A Missed Opportunity for Minors and Miranda,
Natalie Lakosil (JD 18) The Flores Settlement: Ripping Families Apart Under the Law,
Kenneth Seligson (JD 18) A Job for Congress: Medical Marijuana Patients' Fight for Second Amendment Rights

6:30p.m. INTRODUCTIONS Kathleen ...


Law Library Blog (February 2018): Legal Beagle's Blog Archive, Roger Williams University School of Law 2018 Roger Williams University

Law Library Blog (February 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Judicial Responsibility For Justice In Criminal Courts, Lisa Foster 2018 Maurice A. Deane School of Law at Hofstra University

Judicial Responsibility For Justice In Criminal Courts, Lisa Foster

Hofstra Law Review

No abstract provided.


The Judicial Role In Criminal Charging And Plea Bargaining, Darryl Brown 2018 Maurice A. Deane School of Law at Hofstra University

The Judicial Role In Criminal Charging And Plea Bargaining, Darryl Brown

Hofstra Law Review

No abstract provided.


Newsroom: 'You Can't Help Being In Awe' 1-30-2018, Michael M. Bowden, Edward Fitzpatrick 2018 Roger Williams University School of Law

Newsroom: 'You Can't Help Being In Awe' 1-30-2018, Michael M. Bowden, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.


Exemplary Legal Writing 2016: Books Selected By Our Respectable Authorities: Five Recommendations, Femi Cadmus 2018 Cornell Law Library

Exemplary Legal Writing 2016: Books Selected By Our Respectable Authorities: Five Recommendations, Femi Cadmus

Femi Cadmus

No abstract provided.


Substantive Due Process And The Politicization Of The Supreme Court, Eric Millman 2018 Claremont Colleges

Substantive Due Process And The Politicization Of The Supreme Court, Eric Millman

CMC Senior Theses

Substantive due process is one of the most cherished and elusive doctrines in American constitutional jurisprudence. The understanding that the Constitution of the United States protects not only specifically enumerated rights, but also broad concepts such as “liberty,” “property,” and “privacy,” forms the foundation for some of the Supreme Court’s most impactful—and controversial—decisions.

This thesis explores the constitutional merits and politicizing history of natural rights jurisprudence from its application in Dred Scott v. Sandford to its recent evocation in Obergefell v. Hodges. Indeed, from slavery to same-same sex marriage, substantive due process has played a pivotal role ...


Horizontal Mergers, Market Structure, And Burdens Of Proof, Herbert J. Hovenkamp, Carl Shapiro 2018 University of Pennsylvania Law School

Horizontal Mergers, Market Structure, And Burdens Of Proof, Herbert J. Hovenkamp, Carl Shapiro

Faculty Scholarship

Since the Supreme Court’s landmark 1963 decision in Philadelphia National Bank, antitrust challengers have mounted prima facie cases against horizontal mergers that rested on the level and increase in market concentration caused by the merger, with proponents of the merger then permitted to rebut by providing evidence that the merger will not have the feared anticompetitive effects. Although the way that concentration is measured and the triggering levels have changed over the last half century, the basic approach has remained intact. This longstanding structural presumption, which is well supported by economic theory and evidence, has been critical to effective ...


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