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Court Review: The Journal Of The American Judges Association 50:4 (2014)- Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

164 Cell Phones and Everything Else: Criminal Law Cases in the Supreme Court’s 2013-2014 Term.

174 A New Model for Civil Case Management: Efficacy Through Intrinsic Engagement.

196 Informing Criminal Defendants of the Immigration Consequences of Their Convictions: The Trial Judge’s Duty.

DEPARTMENTS

162 Editor’s Note.

163 President’s Column.

212 The Resource Page.

Cell Phones And Everything Else: Criminal Law Cases In The Supreme Court’S 2013-2014 Term, Charles D. Weisselberg

Court Review: Journal of the American Judges Association

As in the past few years, most of the action in the Supreme Court’s 2013-2014 Term was on the civil side of the docket. On the criminal side, the undisputed blockbuster was Riley v. California,1 a seminal ruling about searches of cell phones incident to arrest. Riley is significant for several reasons, not the least of which is that it displays the justices’ understanding of new technologies (at last!) and their recognition that cases involving today’s technologies are difficult to decide by simple reference to the brick-and-mortar world. This article starts with Riley and other Fourth Amendment decisions then moves …

Expert Testimony In Juvenile And Adult Alleged False- Confession Cases, I. Bruce Frumkin

Court Review: Journal of the American Judges Association

Judges of course know that in the 1966 case of Miranda v. Arizona,1 the United States Supreme Court ruled that a confession cannot be admitted into evidence unless a waiver of the Miranda rights (the rights to remain silent, to avoid self-incrimination, to obtain legal counsel before and during police questioning, and to obtain free legal counsel if indigent) is made “knowingly, intelligently, and voluntarily,” and that the 1967 ruling in the case In re Gault 2 extended these protections to juveniles. It is well known, too, that there is a substantial body of case law and commentary addressing factors …

Interbranch Communication And Rule 3.2 Of The 2007 Aba Model Code Of Judicial Conduct, Raymond J. Mckoski

Court Review: Journal of the American Judges Association

Judges, legislators, and executives have one thing in common: they like to talk. Unfortunately, they do not talk enough to each other. As a result, the branches of government “move on in proud and silent isolation,” ignoring the nation’s need for interbranch understanding and cooperation.1

The lack of effective interbranch communication does not mean that avenues of communication do not exist. The judiciary interacts with the political branches in many ways, including through judicial-impact statements, state-of-the judiciary messages, judicial opinions, service on legislative and executive commissions, and testifying before—and consulting with—governmental committees and officials.2

Of course, every aspect of a …

Empathy, Acceptance Of Responsibility, And Compelled Testimony In Juvenile Transfer Hearings: Legal Context And Empirical Evidence, Kirk Heilbrun, Sanjay Shah, Elizabeth Foster, Michael Keesler, Stephanie Brooks Holliday

Court Review: Journal of the American Judges Association

There are a number of legal decisions in which the court must decide whether juveniles can be rehabilitated. Such decisions include juvenile adjudication/placement, waiver, and reverse waiver.1 The criterion used by courts to consider rehabilitation amenability is typically phrased in a way similar to that described under Pennsylvania state law.2 In deciding whether a child may be decertified (reverse waived from criminal to juvenile court), the court can consider.

whether the child is amenable to treatment, supervision, or rehabilitation as a juvenile. The court may consider the following in determining treatment, supervision, or rehabilitation amenability: (a) age, (b) mental capacity, …

A First Amendment-Inspired Approach To Heller’S “Schools” And “Government Buildings”, Jordan E. Pratt

Nebraska Law Review

When the Supreme Court invalidated Washington, D.C.’s restrictive gun laws six years ago in District of Columbia v. Heller, it signaled an intention to leave at least a portion of the debate over gunfree zones to the political process. In a now familiar passage, the Court stressed that while the Second Amendment confers an individual right to keep and bear arms, the Court’s decision should not “be taken to cast doubt on . . . laws forbidding the carrying of firearms in sensitive places such as schools and government buildings . . . .” The Court strongly suggested that the …

Index To The House Journal State Of Colorado: Sixty-Ninth General Assembly Second Regular Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Journal Of The Senate State Of Colorado: Sixty-Ninth General Assembly Second Regular Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Journal Of The House Of Representatives State Of Colorado: Sixty-Ninth General Assembly Second Regular Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

The U.S. Senate Immigration Reform Bill And The Need For Amendments Before Passing, Nicholas J. Ferraro

Law Student Scholarship

No abstract provided.

Town Of Middleton Annual Report., Middleton Town Representatives

Middleton, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Guest Editor's Observations: Recurring Policy Issues Of Guidelines (And Non-Guidelines) Sentencing: Risk Assessments, Criminal History Enhancements, And The Enforcement Of Release Conditions, Richard Frase

Articles

No abstract provided.

The Future Of Medicaid Supplemental Payments: Can They Promote Patient-Centered Care?, Laura D. Hermer, Merle Lenihan

Kentucky Law Journal

No abstract provided.

Forget Me, Forget Me Not: Reconciling Two Different Paradigms Of The Right To Be Forgotten, Lawrence Siry

Kentucky Law Journal

In May of 2014, the Court of Justice of the European Union handed down its decision in the case of Google Spain SL v. Agencia Española de Protección de Datos. This landmark decision ignited a firestorm of debate over the "right to be forgotten": the right of users to withdraw information about themselves available on the internet. With concerns about the restriction of the freedom of expression on the internet, many commentators have criticized the decision as unworkable and dangerous. Others have recognized continuity in the development of privacy and data protection jurisprudence within the European courts. Meanwhile in …

Undergraduate Bulletin 2014-2015, John Jay College Of Criminal Justice

College Bulletins

Covers academic year 2014-2015

Graduate Bulletin 2014-2015, Cuny John Jay College

College Bulletins

Covers academic year 2014-2015

Charter Values: The Uncanny Valley Of Canadian Constitutionalism, Matthew Horner

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

“Charter values” is a term used with increasing frequency in the decisions of the Supreme Court of Canada. But what does the Court mean by “Charter values”? is a Charter value different than a Charter right? This paper examines the functional role that the Court has assigned to Charter values, as well as their substantive meaning. Ultimately, the author concludes that “Charter values” is an amorphous and ill-defined creation that undermines the important role of direct Charter rights analysis while creating ambiguity and undue complexity for courts, tribunals and other statutory decision-makers. The concept and language of Charter values should …

Proving A Violation: Rhetoric, Research And Remedy, Alan N. Young

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

This paper explores the uses and abuses of relying upon legislative fact evidence to prove a violation of a claimant’s constitutional rights. The Supreme Court of Canada has stated that, in the criminal law context, an accused is entitled to challenge a law that violates the constitutional rights of third parties but that applies in a constitutionally sound manner with respect to the accused. This principle spawned the conventional wisdom that in order to obtain a declaration that a statute is invalid, a litigant must present voluminous legislative fact evidence to demonstrate that the statute unjustifiably limits rights of third …

Law At The End Of War, Deborah N. Pearlstein

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Annexation, Expansion, And Regional Challenges [1972-1981], James Anthony Schnur

USF St. Petersburg Campus Faculty Publications

Remarks delivered by Schnur at the eighth program of the "Pinellas by the Decades" centennial lecture series, Pinellas Room, Heritage Village, on 13 May 2012. The Pinellas County Communications Office videotaped the program and the actual lecture varies slightly from this printed document due to time constraints. The program, including questions, was approximately 54 minutes in length.

Concerning Emergency Management, And, In Connection Therewith, Eliminating And Reorganizing Two Entities Within The Division Of Homeland Security And Emergency Management In The Department Of Public Safety And Authorizing The Governor To Provide Individual Assistance During A Disaster Absent A Presidential Declaration Of The Same., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Exempting Certain Public Safety Departments From Certain Statutory Requirements Related To The Impact Of A Criminal Conviction On State Employment Opportunities., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

04 Town-Gown Time Capsule, James Jones

History of West Chester, Pennsylvania

No abstract provided.

Canada V. United States Of America, Chios Carmody

Canada-United States Law Journal

The article focuses on the legal issues related to the 2014 Niagara Problem provided to judges in Niagara Moot Court Competition. Topics discussed include right to protect from terrorism by freezing the sale of a yacht where the proceeds were intended to pay a ransom to pirates, obligation exists under international law to recognize same-sex marriage and customary international law.

Us-Visit System, Malea R. Hetrick

War Crimes Memoranda

No abstract provided.

Pride In Istanbul, Susan C. Pearce

Societies Without Borders

In June of 2013, Istanbul, Turkey held its annual Lesbian, Gay, and Bisexual Pride parade. This year’s parade was performed in a particular historical context: in the midst of an anti-government uprising that had begun in Istanbul and spread throughout Turkey. This context loaned a particular flavor to the Pride parade, and there was a reciprocity between the recent protest movement and LGBT activism. These field notes describe the June 2013 parade and its relationship to the socio-political context, drawing from these observations some preliminary conclusions regarding human rights and gender as Turkey interacts with transnational human rights regimes such …

“It Is Laced With Faults”: American Indians, Public Participation And The Politics Of Siting A High-Level Nuclear Waste Repository, Jesse P. Van Gerven

Societies Without Borders

In this article I analyze American Indian claims made during the siting process for a high-level nuclear waste repository at Yucca Mountain, Nevada. By utilizing the concepts of distribution and recognition (Fraser 2003) to analyze American Indian claims for financial compensation, cultural artifact/resource protection, and environmental justice I reveal the existence and extent of both objective and intersubjective obstacles preventing greater public participation in environmental decision-making. Through a textual/discourse analysis of public documents associated with the Yucca Mountain Project, my analysis demonstrates how distributive and recognitional injustices impede democratic participation in environmental decision-making, which contributes to the continuation of environmental …

Pursuing An Answer: Bureaucratic And Legal Accountability In Local Law Enforcement Pursuit Policies, Casey Lafrance

Ralph Bunche Journal of Public Affairs

Using qualitative and quantitative data obtained from 30 interviews with local law enforcement managers (12 county sheriffs and 18 municipal police chiefs), this study explores the decision-making processes used by these managers in the context of a pursuit-related accident involving an innocent third party. My findings suggest that: (1) managers most often conduct internal investigations to ensure that their officers’ behavior demonstrated adherence to the agency’s standard operating procedures; (2) managers use multiple mechanisms, including consultations with legal actors and professional peers, to keep their pursuit policies updated with regard to case law; (3) policy restrictiveness shares a positive, but …

The Fundamentalism Of Liberal Rights: Decoding The Freedom Of Expression Under The European Convention For The Protection Of Human Rights And Fundamental Freedoms, Moeen Cheema, Adeel Kamran

Loyola University Chicago International Law Review

No abstract provided.

Eastern Michigan University Graduate Catalog, 2014-2015, Office Of The Registrar

Graduate Catalogs

No abstract provided.