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The Supreme Court’S Emerging Jurisprudence On The Punishment Of Juveniles: Legal And Policy Implications, Joanna L. Visser, Jeffrey L. Shook

Court Review: Journal of the American Judges Association

In the 1980s and 1990s, nearly every state enacted legislative changes that eased the process of treating juveniles as adults. Scholars seeking to understand the consequences of these changes have found evidence of an increase in the number of juveniles transferred to criminal court and sentenced as adults. As part of this increase, the number of juveniles receiving sentences of life without the opportunity for parole (LWOP) rose substantially. In fact, a large majority of the approximately 2,600 individuals serving LWOP sentences for crimes committed as juveniles (under age 18) were sentenced over the last several decades. LWOP sentences for …

First, Do No Harm: On Addressing The Problem Of Implicit Bias In Juror Decision Making, Jennifer K. Elek, Paula Hannaford-Agor

Court Review: Journal of the American Judges Association

Over the past three decades, court leaders across the country have taken aggressive steps to confront racial bias in the courts. Recent efforts include in-depth judicial education and training about how an individual’s unconscious attitudes (including culturally learned associations or generalizations that we tend to think of as stereotypes) introduce unjustified assumptions about other people and related evidence that can distort a person’s judgment and behavior. This phenomenon is now referred to as implicit bias to differentiate it from explicit or intentional bias. Judicial education programs focus on raising judicial awareness about implicit bias and introducing techniques that judges may …

Court Review: The Journal Of The American Judges Association 49:4 (2013)- Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

164 More than Marriage: Civil Cases in the Supreme Court’s 2012-2013 Term.

178 DNA, Dogs, the Nickel, and Other Curiosities: Criminal Law Cases in the Supreme Court’s 2012-2013 Term.

190 First, Do No Harm: On Addressing the Problem of Implicit Bias in Juror Decision Making.

200 Promoting Nonpartisan Judicial Integrity: An Evaluation of the American Bar Association’s Inclusion of the Term “Domestic Partner” in the 2007 Model Code of Judicial Conduct.

DEPARTMENTS

162 Editor’s Note.

163 President’s Column.

204 The Resource Page.

Actual Versus Perceived Performance Of Judges, Theodore Eisenberg, Talia Fisher, Issi Rosen-Zvi

Court Review: Journal of the American Judges Association

Perceptions of judges ought to be based on their performance. Yet, few studies of the relation between perceived and actual judicial performance exist. Those claiming judicial bias should be especially sensitive to the relation between perception and performance. Judges perceived by the public or by the legal community as disfavoring a group may be regarded as biased, but that perception is unfair if the judges’ votes in cases do not disfavor the group. For example, it may be unfair to accuse an appellate judge of pro-state bias in criminal cases if the judge votes for defendants at a higher rate …

Who Are You Going To Believe?, Richard Schauffler, Kevin S. Burke

Court Review: Journal of the American Judges Association

Although most of the time people tell the truth, people do lie. On a bad day, those working in the justice system get lied to all day long. Some days the lies are harmless, even unnecessary, and they amuse and entertain. Some of the lies are a product of self-deception: “I can quit doing drugs any time I want.” Some statements are not lies but honest mistakes: “I’m sure that is the guy who robbed me.” But on other days the lies are despicable and dangerous, and they must be exposed.

The question is: Can we tell the difference between …

The Third Branch Of The Third Sovereign: A Brief History Of Tribal Courts And Their Perception In The Supreme Court, Keith Richotte Jr.

Court Review: Journal of the American Judges Association

No other branch of any government at any level in the United States faces the same sorts of unique challenges, jurisdictional quandaries,1 resource limitations, and threats to its authority than tribal courts. Yet, despite the challenges tribal courts face—not the least of which is a wariness and sometimes outright hostility from other American courts—tribal nations and especially tribal courts have grown increasingly adept and innovative at finding ways to overcome the myriad of hurdles that confront them.

The role of today’s tribal court often requires it to blend two different, although not necessarily competing, legal traditions: older tribal common law …

Achieving Racial And Ethnic Fairness In Drug Courts, Douglas B. Marlowe

Court Review: Journal of the American Judges Association

In June 2010, the Board of Directors of the National Association of Drug Court Professionals (NADCP) passed a unanimous resolution directing drug courts to examine whether unfair disparities exist in their programs for racial or ethnic minority participants, and if so, to take reasonable corrective measures to eliminate such disparities.1 The resolution places an affirmative obligation on drug courts to continuously monitor whether minority participants have equal access to the programs, receive substantially equivalent services in the programs, and successfully complete the programs at equivalent rates to non-minorities.2 The resolution further directs drug courts to adopt evidence-based assessment tools and …

Court Review: The Journal Of The American Judges Association 49:3 (2013)- Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

124 Who Are You Going to Believe?.

132 Utilization of Rules 614 and 706 in Fact-Finding: A Recent Study of Midwest Judges.

140 Improving Judicial-Performance Evaluation: Countering Bias and Exploring New Methods.

146 Actual Versus Perceived Performance of Judges

. DEPARTMENTS

122 Editor’s Note.

123 President’s Column.

160 The Resource Page.

Judicial Attention As A Scarce Resource: A Preliminary Defense Of How Judges Allocate Time Across Cases In The Federal Courts Of Appeals, Marin K. Levy

Faculty Scholarship

Federal appellate judges no longer have the time to hear argument and draft opinions in all of their cases. The average annual filing per active judgeship now stands at 330 filed cases per year — more than four times what it was sixty years ago. In response, judges have adopted case management strategies that effectively involve spending significantly less time on certain classes of cases than on others. Various scholars have decried this state of affairs, suggesting that the courts have created a “bifurcated” system of justice with “separate and unequal tracks.” These reformers propose altering the relevant constraints of …

Top Ten Reasons Sen. Gillibrand’S Bill Is The Wrong Solution To Military Sexual Assault, Charles J. Dunlap Jr.

Faculty Scholarship

Over the years Congress has made plenty of efforts to “improve” the military justice system for a variety of reasons, but few matters have generated more offerings than did the Pentagon’s report this past spring of an estimated 26,000 victims of “unwanted sexual contacts” in the armed forces. Some initiatives to address this very critical problem, like the bipartisan effort of Senators Barbara Boxer and Lindsey Graham, look promising; others, not so much.

However, none are as misguided as Sen. Kirsten Gillibrand’s proposal. Indeed, it is hard to think of a proposal that could be more wrong for the military, …

Sjsu Erfa News, Summer 2013, San Jose State University, Emeritus And Retired Faculty Association

Emeritus and Retired Faculty Association (ERFA) Newsletter

Volume 26, Number 4

“Ever Since The Hanging Of Oliphant” Lynching And The Suppression Of Mob Violence In Topeka, Kansas, Brent M.S. Campney

Great Plains Quarterly (through 2013)

“The most remarkable scene ever enacted in the heart of a great city was witnessed in Topeka last night, in the final act of the tragedy on which the curtain rose with the sunrise yesterday,” reported the Topeka Daily Capital on June 5, 1889. “Twelve hours after the spirit of Alonzo T. Rodgers had taken its flight, his murderer was hung in the very center of the capital city, under the broad glare of the electric light and by a body of ‘vigilantes’ which in its composition was equalled by no other in all the history of the western world.” …

Bridgewater Magazine, Volume 23, Number 1, Spring 2013, Bridgewater State University

Bridgewater Magazine

Contents include articles about The Washington Center selecting BSU as Public University of the Year, Remembering Dean Emerita Martha D. Jones, alumni working in the arts, and alumni preserving the history of football at Bridgewater. Also Bridgewater and Alumni News.

Bridgewater Magazine, Volume 23, Number 2, Fall 2013, Bridgewater State University

Bridgewater Magazine

Contents include articles about campus residential learning communities, the endowment of a criminal justice scholarship by Dr. Francis T. Cullen (’72), art history professor Beatrice St. Laurent’s research in the Middle East, the College of Education’s iPad initiative, and BSU alumni working as TV news anchors. Also Bridgewater and Alumni News.

Food: A Human Rights Issue Ignored In Sociology, Kathryn Strother Ratcliff, Trisha Tiamzon

Societies Without Borders

Mainstream sociology, including the sociology of health, has been remiss by ignoring food as an important human right both in the United States and globally. This article documents the neglect of food as a topic of sociological inquiry and argues for the centrality of a sociological lens in understanding food as a human right. Sociological ideas are important in understanding forces which have encouraged the globalization of food production and distribution, decreased the equality of access to nutritious food, and threatened core human rights. Sociologists as teachers and researchers need to become academic activists on this important human rights topic.

Closing Direct Appeal To Ineffectiveness Claims: The Supreme Court Of Pennsylvania's Denial Of State Constitutional Rights, Thomas M. Place

Faculty Scholarly Works

No abstract provided.

Livelihood, Ability To Pay, And The Original Meaning Of The Excessive Fines Clause, Nicholas M. Mclean

UC Law Constitutional Quarterly

This article highlights the circuit split that has recently emerged regarding the Eighth Amendment's Excessive Fines Clause in the years since United States v. Bajakajian. The article introduces the traditional English legal principle of salvo contenemento and examines the role this principle played in informing the meaning of the excessive fines under English law. It then goes on to consider American colonial understandings of salvo contenemento, undertaking a brief survey of post-Founding considerations of the meaning of the phrase "excessive fines." The article studies the public meaning of the Excessive Fines Clause at the time of the Fourteenth Amendment's ratification …

Teaching Law Students, Judges, And The Community: Rational Sentencing Policies, Robert Levy

Articles

I devoted a great deal of my teaching energy during the last ten years of my tenure at the University of Minnesota Law School to a course I called the Sentencing Workshop. The Workshop provided a unique opportunity for law students and judges to learn from each other about the intricacies, the successes and failures of the American criminal justice sentencing structure and practice. I will describe it in three phases: initially, to give some context, I will report a dramatic Workshop discussion which occurred the fth or sixth year the course was o ered. A short summary of the …

The Sentence Of Hiv, Carrie Griffin Basas

Kentucky Law Journal

No abstract provided.

Uk Law Notes, 2013, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

Individual Responsibility For Mass Atrocity: In Search Of A Concept Of Perpetration, Neha Jain

Articles

International criminal law lacks a coherent account of individual responsibility. This failure is due to the inability of international tribunals to capture the distinctive nature of individual responsibility for crimes that are collective by their very nature. Specifically, they have misunderstood the nature of the collective action or framework that makes these crimes possible, and for which liability can be attributed to intellectual authors and leaders. In this paper, I draw on the insights of comparative law and methodology to propose a new doctrine of perpetration that reflects the role and function of high level participants in mass atrocity while …

Adolescent Criminal Responsibility, Proportionality, And Sentencing Policy: Roper, Graham, Miller/Jackson, And The Youth Discount, Barry C. Feld

Articles

The Supreme Court in Roper v. Simmons 1 prohibited states from executing offenders for murders committed when younger than eighteen years of age. Roper found a national consensus existed against executing adolescents based on state statutes and jury practices. 2 The Justices also conducted an independent proportionality analysis and concluded that youths' immature judgment, susceptibility to negative peer influences, and transitory personality development reduced their culpability and precluded the most severe sentence. 3

"Anything Can Happen:" Interpreting The 'End' Of War, Fionnuala Ní Aoláin

Articles

Reviewing Thomas U. Berger, War Guilt, and World Politics After World War II (2012), Larry May, After War Ends: A Philosophical Perspective (2012), and Kimberly Theidon, Intimate Enemies: Violence and Reconciliation in Peru (2012).

Justice In Times Of Transition: A Reflection On Transitional Justice, Fionnuala Ní Aoláin

Articles

Transitional Justice as a motif, a discourse and a practice continues to entice analysis from scholars, practitioners and policy makers. It is a field that has rapidly expanded, and that has both the fortune and disadvantage of being termed an "industry." The growth of transitional justice is both an opportunity and a warning, as the challenges raised by massive human rights violations and transitions from violence to peace or from repressive regimes to more liberal ones continue to preoccupy scholars and practitioners. Each new country specific context facilitates revisiting old trade-offs and concepts revealing new elements to transitional dilemmas.

When Oil Attacks: Litigation Options For Nigerian Plaintiffs In U.S. Federal Courts, Lauren Mccaskill

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Prospects For Convergence Of Collective Redress Remedies In The European Union, Manning Gilbert Warren Iii

The International Lawyer

No abstract provided.

Graduate Bulletin 2013-2014, Cuny John Jay College

College Bulletins

Covers academic year 2013-2014

The Hermeneutics Of The Hard Drive: Using Narratology, Natural Language Processing, And Knowledge Management To Improve The Effectiveness Of The Digital Forensic Process, Mark Pollitt

Electronic Theses and Dissertations

In order to protect the safety of our citizens and to ensure a civil society, we ask our law enforcement, judiciary and intelligence agencies, under the rule of law, to seek probative information which can be acted upon for the common good. This information may be used in court to prosecute criminals or it can be used to conduct offensive or defensive operations to protect our national security. As the citizens of the world store more and more information in digital form, and as they live an ever-greater portion of their lives online, law enforcement, the judiciary and the Intelligence …

The Mclachlin Court And The Charter In 2012, Jamie Cameron

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This paper presents the annual review of the Supreme Court’s jurispru-dence for Osgoode Hall’s Annual Constitutional Cases conference. It provides quantitative data on the 2012 Charter jurisprudence and identifies a downward trend in Charter success rates in the McLachlin Court, from 2010 to the present. The paper also offers pointed analysis of two key Charter decisions in this period: R. v. Khawaja and Saskatchewan (Human Rights Commission) v. Whatcott (decided early in 2013). Both raised high-stakes questions about the Charter’s fundamental freedoms, and the Court rejected the Charter claims both times, by unanimous decision. The downward trend in Charter success …

“In The Public Interest”: Understanding The Special Role Of The Government Lawyer, Patrick J. Monahan

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

The concept of the “public interest” is the foundational principle that guides and structures the special role of government lawyers. This public interest role is derived from a number of constitutional and statutory sources but, in Ontario, it finds its foundation in section 5 of the Ministry of the Attorney General Act, which provides that the Attorney “shall see that the administration of public affairs is in accordance with the law”. This responsibility to uphold and advance the rule of law falls not just to the Attorney but to all government lawyers who act on his or her behalf. What …