Digital Commons Network^™

A Court For The One Percent: How The Supreme Court Contributes To Economic Inequality, Michele E. Gilman

All Faculty Scholarship

This Article explores the United States Supreme Court’s role in furthering economic inequality. The Occupy Wall Street movement in 2011 not only highlighted growing income and wealth inequality in the United States, but also pointed the blame at governmental policies that favor business interests and the wealthy due to their outsized influence on politicians. Numerous economists and political scientists agree with this thesis. However, in focusing ire on the political branches and big business, these critiques have largely overlooked the role of the judiciary in fostering economic inequality. The Court’s doctrine touches each of the major causes of economic inequality, …

Preempting The Police, David Jaros

All Faculty Scholarship

Fighting crime requires that we vest police with extensive discretion so that they can protect the public. Unfortunately, the nature of police work makes it difficult to ensure that law enforcement authority is not abused. This challenge is exacerbated by the fact that a great deal of questionable police activity exists in the legal shadows — unregulated practices that do not violate defined legal limits because they have generally eluded both judicial and legislative scrutiny. Local law enforcement strategies, like the maintenance of unauthorized police DNA databases and the routine practice of initiating casual street encounters, threaten fundamental notions of …

Kean University Institutional Profile 2014, Kean University

Evidence Inventory

No abstract provided.

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.

The Resource Page (2014) 50 Page 40

Court Review: Journal of the American Judges Association

How often do you have the chance to get tips from judges throughout the country who have been recognized for their ability to fairly and efficiently handle civil cases? Even at the AJA’s annual educational conference, which had a program on this topic in 2013, you would hear only from a few judges. But the American College of Trial Lawyers and the Institute for the Advancement of the American Legal System have teamed up on a project that brings you the tips of nearly 30 such judges.

American College of Trial Lawyers members identified judges in seven states, representing population …

Court Review: The Journal Of The American Judges Association 50:3 (2014)- Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

112 Doubting Abood, Finding Religion at Hobby Lobby, and More: Civil Cases in the Supreme Court’s 2013-2014 Term.

126 Research Report: How Litigants Evaluate Legal Procedures at the Start of Their Cases.

136 The Filing and Briefing of Cross-Motions in State and Federal Court.

150 Interbranch Communication and Rule 3.2 of the 2007 ABA Model Code of Judicial Conduct.

DEPARTMENTS

110 Editor’s Note.

111 President’s Column.

160 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 …

The Status Of Neurolaw: A Plea For Current Modesty And Future, Cautious Optimism, Stephen J. Morse

Court Review: Journal of the American Judges Association

In a 2002 editorial published in The Economist, the following warning was given: “Genetics may yet threaten privacy, kill autonomy, make society homogeneous and gut the concept of human nature. But neuroscience could do all of these things first.”1 The genome was fully sequenced in 2001, and there has not been one resulting major advance in therapeutic medicine since. Thus, even in its most natural applied domain—medicine—genetics has not had the far-reaching consequences that were envisioned.2 The same has been true of various other sciences that were predicted to revolutionize the law, including behavioral psychology, sociology, and psychodynamic psychology, to …

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, …

Court Review: The Journal Of The American Judges Association 50:1 (2014)- Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

4 Scrutinizing Confessions in a New Era of Juvenile Jurisprudence.

12 Expert Testimony in Juvenile and Adult Alleged False-Confession Cases.

20 Empathy, Acceptance of Responsibility, and Compelled Testimony in Juvenile Transfer Hearings: Legal Context and Empirical Evidence.

32 Protections for Juveniles in Self-Incriminating Legal Contexts, Developmentally Considered.

DEPARTMENTS

2 Editor’s Note.

3 President’s Column.

40 The Resource Page.

Court Review: The Journal Of The American Judges Association 50:2 (2014)- Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

44 Brain Imaging for Judges: An Introduction to Law and Neuroscience.

52 Evidentiary Incommensurability: A Preliminary Exploration of the Problem of Reasoning from General Scientific Data to Individualized Legal Decision-Making.

62 The Admissibility of Brain Scans in Criminal Trials: The Case of Positron Emission Tomography.

70 Should the Science of Adolescent Brain Development Inform Public Policy?.

78 Pain as Fact and Heuristic: How Pain Neuroimaging Illuminates Moral Dimensions of Law.

94 The Status of NeuroLaw: A Plea for Current Modesty and Future, Cautious Optimism.

ESSAY

104 Keeping Up with Neurolaw: What to Know and Where to Look.

DEPARTMENTS

42 …

President’S Column (2015) 50 Page 111, Elliott Zide

Court Review: Journal of the American Judges Association

It has been my privilege to represent the American Judges Association at a great many meetings and conferences over the past year. Our organization is widely respected. The organization and its leadership are acknowledged as an effective “Voice of the Judiciary®,” for “Making Better Judges®,” for high-quality conferences, for excellent judicial-education programs, and for the developing AJA brand in the area of procedural fairness. At our midyear meeting in May, the new Arizona Chief Justice, Scott Bales, particularly commented on the value of Court Review, our quarterly journal, as a scholarly yet practical tool for judges at all levels to …

Scrutinizing Confessions In A New Era Of Juvenile Jurisprudence, Joshua A. Tepfer, Laura H. Nirider, Steven A. Drizin

Court Review: Journal of the American Judges Association

The landmark trilogy of United States Supreme Court juvenile sentencing decisions over the last decade is well known. Starting with the Roper v. Simmons 1 ruling in 2005 that abolished the death penalty for offenders under the age of 18, the Court has developed what might be called a “kids are different” Eighth Amendment jurisprudence. The last three years has seen the Court first outlaw life without parole sentences for juvenile non-homicide offenders 2 and then prohibit the mandatory imposition of this sentence on any offender under the age of 18.3

During this same time period, and utilizing a similar …

The Resource Page (2014) 50 Page 108

Court Review: Journal of the American Judges Association

Judges will find a wealth of resources at the website of the MacArthur Foundation Research Network on Law and Neuroscience. In 2007, the John D. and Catherine T. MacArthur Foundation initially funded an interdisciplinary research effort to integrate law and neuroscience. Since 2010, Vanderbilt University law professor Owen Jones has been the Network’s director.

In its initial phases, between 2007 and 2011, the Network “pursued several over-arching research questions at the intersection of neuroscience and law that were intended to:

• Improve legal decisions about the responsibility of transgressors for their actions;

• Further identify factors that can affect blameworthiness …

Brain Imaging For Judges: An Introduction To Law And Neuroscience, Owen D. Jones, Joshua W. Buckholtz, Jeffrey D. Schall, René Marois

Court Review: Journal of the American Judges Association

It has become increasingly common for brain images to be proffered as evidence in civil and criminal litigation.1 This article offers some general guidelines to judges about how to understand brain-imaging studies—or at least avoid misunderstanding them. (An appendix annotating a published brain imaging study, in order to illustrate and explain, with step-by step commentary, is available in the full text online.2)

Brain images are offered in legal proceedings for a variety of purposes, as Professors Carter Snead and Gary Marchant have usefully surveyed.3 On the civil side, neuro imaging has been offered in constitutional, personal injury, disability benefit, and …

Liability And Admission Of Wrongdoing In Public Enforcement Of Law, Samuel W. Buell

Faculty Scholarship

Some judges and scholars have questioned the social value of the standard form in which the Securities and Exchange Commission settles its corporate enforcement actions, including the agency’s use of essentially unreviewed consent decrees that include no admission of liability or wrongdoing. This essay for a symposium on SEC enforcement provides an analysis of the deterrent effects of the three main components of settlements in public enforcement of law: liability, admission, and remedy. The conclusions are the following. All three components have beneficial deterrent effects. Cost considerations nonetheless justify some settlements that dispense with liability or admission, or even both. …

Public Opinion And The Abolition Or Retention Of The Death Penalty Why Is The United States Different?, Sara Sun Beale

Faculty Scholarship

What explains the difference between the United States and the many other countries that have abolished capital punishment? Because the United States and many other nations that have abolished the death penalty are democracies, there seems to be an obvious answer: abolition or retention reflects the preferences of the electorate. According to this view, the U.S. electorate is simply more punitive, and the question becomes explaining the difference in national attitudes. There is some truth to this explanation. As I have argued elsewhere, the U.S. public generally does favor punitive criminal justice policies. But that cannot be the whole story. …

Hawking Hyphens In Compound Modifiers, Joan Ames Magat

Faculty Scholarship

The first principle of legal writing is surely its clarity — visible actors (unless the action matters more), uncluttered syntax, and, of course, logical structure. But the little things can matter to clarity, too — such as deliberate punctuation that signifies. In the language of law, in which compound nouns are rife, the reader can feel adrift as to where modifiers end and the noun begins. (Consider government-subsidized health flexible-spending arrangement without those hyphens.) Hyphens help. Whether an author cares to hyphenate the noun is his call; but hyphenating compound modifiers (also called phrasal adjectives, though they may include adverbs …

Bridgewater Magazine, Volume 24, Number 1, Spring 2014, Bridgewater State University

Bridgewater Magazine

Contents include articles about student internships, the BSU GeoGraphics Lab, highlights from the Maxwell Library Special Collections and Archives and the Anderson Gallery, and the Ron Burton Training Village. Also Bridgewater and Alumni News.

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.

An Overview Of Social Impact Bonds, Max Liang, Brian Mansberger, Andrew C. Spieler

Journal of International Business and Law

No abstract provided.

No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome

Faculty Scholarly Works

No abstract provided.

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.

Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, Linda L. Bryant, James G. Dwyer

Kentucky Law Journal

No abstract provided.

Sexting And Freedom Of Expression: A Comparative Approach, Joanne Sweeny

Kentucky Law Journal

No abstract provided.

People Who Are Not Legal And Who Are Not Alive In The Eyes Of The Law, Richard W. Painter

Articles

No abstract provided.

More Bang For Their Buck: How Federal Dollars Are Militarizing American Law Enforcement, 47 J. Marshall L. Rev. 1479 (2014), Jeffrey Endebak

UIC Law Review

No abstract provided.

International Anti-Money Laundering, Truman Butler, Gerardo Calderon-Villegas, Emily Christiansen, Kayla Mcgee

The International Lawyer

No abstract provided.

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

College Bulletins

Covers academic year 2014-2015

Nuremberg Lives On: How Justice Jackson's International Experience Continues To Shape Domestic Criminal Procedure, Brian R. Gallini

Loyola University Chicago Law Journal

The end of Germany’s participation in World War II came with its formal surrender on May 8, 1945. After extensive debate over what would come of top Nazi leaders, twenty-two Nazi defendants were tried and ultimately convicted after 216 days of trials held in Nuremberg spread across eleven months between November 1945 and 1946. Associate Supreme Court Justice Robert H. Jackson took a leave of absence from the Court to lead the trial’s prosecutorial effort. Decades of scholarship have considered and evaluated the Nuremberg trials alongside Jackson’s role in them. But, no article has evaluated how Justice Jackson’s experience as …