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Balancing The Scales: Adhuc Sub Judice Li Est Or Trial By Media, Casey J. Cooper
Balancing The Scales: Adhuc Sub Judice Li Est Or Trial By Media, Casey J. Cooper
Casey J Cooper
The right to freedom of expression and free press is recognized under almost all major human rights instruments and domestic legal systems—common and civil—in the world. However, what do you do when a fundamental right conflicts with another equally fundamental right, like the right to a fair trial? In the United States, the freedom of speech, encompassing the freedom of the press, goes nearly unfettered: the case is not the same for other common law countries. In light of cultural and historic facts, institutional factors, modern realities, and case-law, this Article contends that current American jurisprudence does not take into …
When The Mountain Goes To Mohammed: The Internet And Judicial Decision-Making, Layne S. Keele
When The Mountain Goes To Mohammed: The Internet And Judicial Decision-Making, Layne S. Keele
Layne S. Keele
Judges increasingly are scouring the Internet in search of case-related facts, often without the parties’ knowledge. This article grapples with the question of what limits, if any, should circumscribe judicial Internet use. Drawing a distinction between online searches for adjudicative facts and online research into legislative facts, I argue that the former are always improper, while the propriety of the latter depends largely on one’s view of the role of the judiciary. In both cases, Internet research creates unique risks not found with other kinds of research, and this article offers some suggestions for alleviating those risks. This article also …