Law Commons^™

The Routinization Of Debt Collection: An Essay On Social Change And Conflict In The Courts, Robert Kagan

Robert Kagan

No abstract provided.

In The Eye Of The Beholder: Tort Litigants' Evaluations Of Their Experiences In The Civil Justice System, E. Lind, Robert Maccoun, Patricia Ebener, William Felstiner

Robert MacCoun

Little is known about the reactions of tort litigants to traditional and alternative litigation procedures. To explore this issue, we interviewed litigants in personal injury cases in three state courts whose cases had been resolved by trial, court-annexed arbitration, judicial settlement conferences, or bilateral settlement. The litigants viewed the trial and arbitration procedures as fairer than bilateral settlement, apparently because they believed that trials and arbitration hearings gave their case more respectful treatment. They were less satisfied with the outcome of judicial settlement conferences than with the outcome of bilateral settlements, because judicial settlement conference outcomes were more likely to …

China's Judicial System And Judicial Reform, Nicholas Howson

Nicholas Howson

The following is an extract from the statement delivered by Michigan Law School Professor Nicholas Howson at the inaugural “China-U.S. Rule of Law Dialogue” held at Beijing’s Tsinghua University July 29-30, 2010, and convened by Tsinghua Law Dean Wang Zhenmin and Harvard Law School Professor and East Asian Legal Studies Director William Alford, and with the support of the China-United States Exchange Foundation chaired by C.H. Tung, first chief executive and president of the Executive Council of the Hong Kong Special Administrative Region. The dialogue was organized as a private meeting between senior PRC law professors and U.S.-based Chinese law …

Standing The Test Of Time: The Breadth Of Majority Coalitions And The Fate Of U.S. Supreme Court Precedents, Stuart Benjamin, Bruce Desmarais

Bruce A. Desmarais

Should a strategic Justice assemble a broader coalition for the majority opinion than is necessary, even if that means accommodating changes that move the opinion away from the author’s ideal holding? If the author’s objective is to durably move the law to his or her ideal holding, the conventional answer is no, because there is a cost and no corresponding benefit. We consider whether attracting a broad majority coalition can placate future courts. Controlling for the size of the coalition, we find that cases with ideologically narrow coalitions are more likely to be treated negatively by later courts. Specifically, adding …

The Center Of The Center For Alternative Dispute Resolution, Wayne Brazil

Wayne Brazil

Hawaii was one of the first states to establish within its judiciary a Center for Alternative Dispute Resolution. The Center's mission is: to mediate major public policy disputes and to facilitate policy formulation dialogues, to design and help implement mediation and other ADR programs for state and local governmental agencies, to provide education about and training in mediation for the public and for employees of state and local government, and to oversee the extensive network of community mediation centers that provide grass-roots mediation services throughout the Islands. In November of 2005 the Center celebrated its 20th anniversary by sponsoring various …

Responding To Foreclosures In Cuyahoga County: An Assessment Of Progress, Alan Weinstein, Kathryn Hexter, Molly Schnoke

Kathryn W. Hexter

In August 2006, Cleveland State University was asked to conduct an initial assessment of the Cuyahoga County Commissioners' Report and Recommendations on Foreclosure that would assist the county in planning for future phases of the project. This report presents the findings of this initial assessment of the first 18 months of the initiative. It documents the process undertaken by the county, assesses the progress made toward reaching goals, identifies successes and concerns, and offers some preliminary recommendations about program operations. It also offers suggestions for a more formal evaluation process going forward

Responding To Foreclosures In Cuyahoga County: A Pilot Initiative, Interim Report, Alan Weinstein, Kathryn Hexter, Molly Schnoke

Kathryn W. Hexter

The Center for Civic Education and the Cleveland-Marshall College of Law released their report, on May 12, 2008. The report, prepared for the Cuyahoga County Board of Commissioners, is an assessment of the County's comprehensive approach to addressing foreclosures on two levels: 1) Making foreclosure proceedings faster and fairer and 2) Creating an early intervention program to help residents prevent foreclosure.

The Cleveland Housing Court Act: New Answer To An Old Problem, Frederic White

Frederic White Jr

This Article will critically examine the Housing Court's historical setting, constitutional foundation and jurisdictional powers. In addition, comparison with systems established in other states provides possible alternative suggestions for successful operation. Finally, an in-depth analysis of current problems, including inadequate funds and staff, political manipulation and protracted procedural delays, seeks to answer the question of whether the Housing Court will become a meaningful and positive force for change, or simply an "indecisive, inefficient and interminable" bureaucratic nightmare.

Spokeo, Where Shalt Thou Stand?, Joan Steinman

Joan E. Steinman

No abstract provided.

Better Safe? Why Obergefell Matters Before Court Rules, Tanya Washington

Tanya Monique Washington

No abstract provided.

Problems In Trial Advocacy, James Seckinger, Kenneth Broun

James H. Seckinger

No abstract provided.

Hennessey V. Morgan Case File, James Seckinger

James H. Seckinger

No abstract provided.

Materials For Nita Teacher Training Program, James Seckinger, Kenneth Broun

James H. Seckinger

No abstract provided.

Hennessey V. Morgan: Problems And Case File, James Seckinger

James H. Seckinger

No abstract provided.

From Expert Witnesses To ‘Fleeting Expletives’: The Supreme Court 2008-2009, Steven Smith

STEVEN R SMITH

The October 2008 Term of the United States Supreme Court began on October 6,2008. By the time the Term adjourned on June 29, 2009, the Court had changed or clarified the law in several important areas. (As we shall see, technically there was another argument in September 2009 as part of this Term.) The Court also seemed to foreshadow larger changes ahead, and saw Justice David Souter announce at the end of April that he would be stepping down from the Court. This article will review the major decisions of the Court during the Term. It will also analyze the …

International Dispute Resolution: Cases And Materials, Mary Ellen O'Connell

Mary Ellen O'Connell

Twenty-first century lawyers practice law in a global village. They represent clients in negotiations for oil concession leases. They attend international treaty negotiations on behalf of sovereign states and environmental NGOs. They act as mediators in international child custody disputes and arbitrators for title to artworks displaced in war. They search the world for the right forum to bring claims for human rights violations, piracy prosecutions, and intellectual property protection. The successful 21st century lawyer is prepared to practice international dispute resolution, and this book is designed to assist in that preparation. It is a comprehensive treatment of the full …

The Power & Purpose Of International Law: Insights From The Theory & Practice Of Enforcement, Mary Ellen O'Connell

Mary Ellen O'Connell

The world is poised for another important transition. The United States is dealing with the impact of the Afghan and Iraq wars, the use of torture and secret detention, Guantanamo, climate change, nuclear proliferation, weakened international institutions, and other issues related directly or indirectly to international law. The world needs an accurate account of the important role of international law and The Power and Purpose of International Law seeks to provide it.

Mary Ellen O'Connell explains the purpose of international law and the power it has to achieve that purpose. International law supports order in the world and the attainment …

Juries And Social Media: A Report Prepared For The Victorian Department Of Justice, Jane Johnston, Patrick Keyzer, Geoffry Holland, Mark Pearson, Sharon Rodrick, Anne Wallace

Anne Wallace Professor

Introduction: It is a fundamental principle of law that an accused has a right to a fair trial. An incident of this right is that information relating to prior convictions of an accused should not be made available to the jury as it may bias their verdict. In our legal system, this principle has traditionally been underpinned by the common law offence of sub judice contempt of court. It is also reinforced by legislation, in each State and Territory, which makes it an offence for a juror to enquire about a person who is a party to a trial or …

Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John Powell, Stephen Menendian

john a. powell

This Article investigates the potential ramifications of Fisher v. Texas and the future of race-conscious university admissions. Although one cannot predict the ultimate significance of the Fisher decision, its brief and pregnant statements of law portends an increasingly perilous course for traditional affirmative action programs. Part I explores the opinions filed in Fisher, with a particular emphasis on Justice Kennedy’s opinion on behalf of the Court. We focus on the ways in which the Fisher decision departs from precedent, proscribes new limits on the use of race in university admissions, and tightens requirements for narrow tailoring. Part II investigates the …

Courts, Reasons, And Rules, Michael Dorf

Michael C. Dorf

No abstract provided.