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Court Review: The Journal Of The American Judges Association 51:3 (2015)- Whole Issue

Court Review: Journal of the American Judges Association

BOOK REVIEW

90 Writing Like the Best Judges.

ARTICLES

94 Weddings, Whiter Teeth, Judicial-Campaign Speech, and More: Civil Cases in the Supreme Court’s 2014-2015 Term.

106 Making Continuous Improvement a Reality: Achieving High Performance in the Ottawa County, Michigan, Circuit and Probate Courts.

116 Implicit Bias and the American Juror.

DEPARTMENTS

86 Editor’s Note.

87 President’s Column

. 88 Thoughts from Canada.

122 Crossword.

126 Notice of Proposed Bylaws Changes.

128 The Resource Page.

Motorists, Motels, Mistakes, And More: Criminal Law Cases In The Supreme Court’S 2014-2015 Term, Charles D. Weisselberg, Daniel Chen, Sameera Mangena

Court Review: Journal of the American Judges Association

Despite its relatively modest size, last Term’s Supreme Court criminal docket packed a punch. The Court decided search-and-seizure issues important to day-today policing, it returned to the Crawford v. Washington line of cases, and several justices opined on the constitutionality of solitary confinement and the death penalty. This article reviews these and other criminal decisions with an eye toward issues most relevant to state courts. It closes with a brief glance toward the 2015 Term.

FOURTH AMENDMENT

Traffic stops and administrative searches were the focus of this Term’s Fourth Amendment cases. The Court issued important rulings on “add-ons” to legitimate …

Court Review: The Journal Of The American Judges Association 51:4 (2015)- Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

138 Motorists, Motels, Mistakes, and More: Criminal-Law Cases in the Supreme Court’s 2014-2015 Term.

150 Miranda Rights and Wrongs: Matters of Justice.

158 The Impact of Forensic vs. Social-Science Evidence on Judicial Decisions to Grant a Writ of Habeas Corpus.

DEPARTMENTS

130 Editor’s Note.

131 President’s Column.

132 Thoughts from Canada.

168 Crossword.

172 The Resource Page.

The Evolution Of Relational Property Rights: A Case Of Chinese Rural Land Reform, Shitong Qiao, Frank Upham

Faculty Scholarship

The most notable, or at least the most noted, form of property evolution has been the transfer of exclusive rights from collectives to individuals and vice versa, such as the farm collectivization in Soviet Union and the establishment of the People’s Communes in Mao’s China and their reversals. Such radical moments, however, constitute only a small part of history. For the most part, property rights evolve quietly and incrementally, which is hard to explain if we take exclusive rights as the core of property, or, to put it more generally, if we are focusing solely on the question of who …

Contraception As A Sex Equality Right, Neil S. Siegel, Reva B. Siegel

Faculty Scholarship

Challenges to federal law requiring insurance coverage of contraception are occurring on the eve of the 50th Anniversary of the U.S. Supreme Court’s decision in Griswold v. Connecticut. It is a good time to reflect on the values served by protecting women’s access to contraception.

In 1965, the Court ruled in Griswold that a law criminalizing the use of contraception violated the privacy of the marriage relationship. Griswold offered women the most significant constitutional protection since the Nineteenth Amendment gave women the right to vote, constitutional protection as important as the cases prohibiting sex discrimination that the Court would …

Keynote Reflections: The Public Governance Duty, Steven L. Schwarcz

Faculty Scholarship

Firms must take ever greater risks to try to innovate and create value in our increasingly competitive and complex global economy. Corporate governance law generally delegates control over excessive risk-taking to the firm’s investors, principally its risk-seeking shareholders. But this does not cover the type of risk-taking that led to the global financial crisis and that is becoming ever more common - risk-taking that could have systemic consequences to the financial system. I argue for a “public governance duty,” requiring managers of systemically important firms to assess the impact of risk-taking on the public as well as on investors, and …

That We Are Underlings: The Real Problems In Disciplining Political Spending And The First Amendment, Jedediah Purdy

Faculty Scholarship

In the area of money in politics, change at the doctrinal level will follow only from change at the political level. The current doctrine is coherent, intelligible, and profoundly misplaced. Shifting it will take a movement.

For Better And Worse: The Differing Income Tax Treatments Of Marriage At Different Income Levels, Lawrence A. Zelenak

Faculty Scholarship

Although both marriage penalties and marriage bonuses exist at all income levels under the federal income tax, the system is tilted toward penalties for lower-income couples, toward bonuses for middle-income couples, and back toward penalties for upper income couples. This Article begins by explaining how the tax rules produce these differing treatments of marriage at different points in the income distribution. It then argues that the increase in recent decades in the social acceptability and prevalence of cohabitation makes tax marriage effects a more serious concern--in terms of both behavioral, effects and fairness-than in earlier decades. After demonstrating that Congress …

Corporate Law And The Limits Of Private Ordering, James D. Cox

Faculty Scholarship

Solomon-like, the Delaware legislature in 2015 split the baby by amending the Delaware General Corporation Law to authorize forum-selection bylaws and to prohibit charter or bylaw provisions that would shift to the plaintiff defense costs incurred in connection with shareholder suits that were not successfully concluded. The legislature acted after the Boilermakers Local 154 Retirement Fund. v. Chevron Corp ATP Tour, Inc. v. Deutscher Tennis Bund, broadly empowered the board vis-à-vis the shareholders through the board’s power to amend the bylaws. Repeatedly the analysis used by each court referenced the contractual relationship the shareholders had through the articles of …

A Contribution On The Milliped Tribe Nannariini (Polydesmida: Xystodesmidae): Revalidation Of Mimuloria Chamberlin 1928; Identities Of Fontaria Oblonga C. L. Koch 1847, And Nannaria Minor Chamberlin 1918; Elucidation Of The Tribal Range; And Commentaries On Nannaria Chamberlin 1918, And Oenomaea Hoffman 1964, Derek A. Hennen, Rowland M. Shelley

Insecta Mundi

Mimuloria Chamberlin 1928 is revived from synonymy under Nannaria Chamberlin 1918a for Nannariini (Polydesmida: Xystodesmidae) with simple but apically ornamented gonopodal acropodites that arch or lean mediad and cross body midlines and opposing acropodites in situ. It encompasses two assemblages based primarily on the nature of the ornamentations, the castanea and dilatata species groups. The former includes three established species [M. castanea (McNeill 1887) M. missouriensis Chamberlin 1928 and M. davidcauseyi (Causey 1950a)], and the latter contains two new ones (M. dilatata [M. d. dilatata, M. d. sigmoidea], and M. rhysodesmoides). Castanaria Causey 1950b is …

Rodolia Cardinalis (Mulsant) (Coleoptera: Coccinellidae), A New Predator Of Crypticerya Multicicatrices Kondo And Unruh (Hemiptera: Monophlebidae), Ever Camilo Pinchao, Takumasa Kondo, Guillermo González

Insecta Mundi

The Colombian fluted scale (CFS), Crypticerya multicicatrices Kondo & Unruh (Hemiptera: Monophlebidae) is a polyphagous scale insect which affects about 100 species of plants. Between 2010–2013, the species was reported as an invasive pest on the islands of San Andres and Old Providence, Colombian territory in the Caribbean sea. Currently, populations of the CFS also have increased in the city of Cali, Valle del Cauca State, mainland Colombia, affecting different host plants, especially leguminous trees such as Caesalpinia peltophoroides Benth., Pithecellobium dulce (Roxb.) Benth., P. saman (Jacq.) Benth. (Fabaceae) and mango, Mangifera indica L. (Anacardiaceae). With the aim of searching …

The Historical Case For Abandoning Strickland, Brian R. Gallini

Nebraska Law Review

I. Introduction

II. The Strange Right-to-Counsel Journey ... A. The Journey to Strickland ... B. Defining Who Is “Effective” Counsel

III. Strickland’s Untold Story ... A. Part V’s Analytical Fallacies ... 1. Tunkey’s Suppression Motions, Sentencing Memorandum, and Performance at Sentencing ... 2. Character Evidence, Psychological Evidence, and Giving Up on David Washington ... 3. Washington’s “Rap Sheet” ... B. The Disutility of Part V ... C. Justice O’Connor’s Private and Unspoken War

IV. Conclusion

Unpacking And Communicating The Multidimensional Mission Of Educational Development: A Mission Matrix Tool For Centers Of Teaching And Learning, Connie Schroeder

To Improve the Academy: A Journal of Educational Development

In recent decades, the work of educational developers in Centers of Teaching and Learning (CTLs) is complex and diverse. The wide range of services and programs makes it difficult understand the mission and purpose of CTLs and communicate this effectively. The Center Mission Matrix Tool enables analysis and articulation of all facets of the Center’s mission. Juxtaposing the Center mission with three levels of impact—individual, departmental, and institutional—the Matrix adapts to each Center construct and provides a visual snapshot to multiple audiences, including the field of educational development, institutional stakeholders, and to the Center staff for internal purposes.

Journal Of The Senate State Of Colorado: Seventieth General Assembly First Regular Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

The Facts Of The Matter: Creative Approaches To Complicated Facts In Environmental Law, Los Angeles County Flood Control District V. Natural Resources Defense Council, 133 S. Ct 710 (2013), Aaron Schaer

UC Law Environmental Journal

No abstract provided.

Public Trust Or Equal Footing: A Historical Look At Public Use Rights In American Waters, Sean Morrison

UC Law Environmental Journal

No abstract provided.

Climate Change Law In California And Massachusetts: Lessons For State Policy Makers, Riti Chandiok

UC Law Environmental Journal

No abstract provided.

Deaths In Custody; Is Ireland’S Investigative Process Compliant With Article 2 Of The European Convention On Human Rights?, Adeyemi Adeleke, Bernadette Ni Aingleis, Laura Cooney, John Lynch, Niamh Murray, Kevin Sheedy, Alshema Yousef

Students Learning with Communities

This research report examines the investigative process regarding deaths in custody in Ireland and other jurisdictions. The students completed this research as part of the LLB Bachelor of Law programme. This project was designed and completed in collaboration with the Irish Penal Reform Trust.

How Spontaneous? How Regulated?: The Evolution Of Property Rights Systems, Richard A. Epstein

Articles

No abstract provided.

Rebellion: The Courts Of Appeals’ Latest Anti-Booker Backlash, Alison Siegler

Articles

No abstract provided.

Criminal Corruption: Why Broad Definitions Of Bribery Make Things Worse, Albert W. Alschuler

Articles

No abstract provided.

Entick V. Carrington And Boyd V. United States: Keeping The Fourth And Fifth Amendments On Track, Richard A. Epstein

Articles

No abstract provided.

Unbundling Criminal Trial Rights, John Rappaport

Articles

No abstract provided.

The Law Of Police, Richard H. Mcadams, Dhammika Dharmapala, Nuno Garoupa

Articles

No abstract provided.

Food Trucks, Incremental Innovation, And Regulatory Ruts, Elizabeth Kregor

Articles

No abstract provided.

Foreword: The Supreme Court's Shadow Docket, William Baude

Articles

No abstract provided.

Aligning Campaign Finance Law, Nicholas Stephanopoulos

Articles

No abstract provided.

Is Originalism Our Law?, William Baude

Articles

No abstract provided.

Challenging The Randomness Of Panel Assignments In The Federal Courts Of Appeals, Adam S. Chilton, Marin Levy

Articles

No abstract provided.

Slicing Spontaneity, Lee Anne Fennell

Articles

In this symposium essay, I consider the role of resource segmentation — the natural or artificial division of resources into appropriable or contributable units — in eliciting and maintaining coordination in the absence of formal private property rights o