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Full-Text Articles in Law

Juror Investigation: Is In-Courtroom Internet Research Going Too Far?, Duncan Stark Oct 2011

Juror Investigation: Is In-Courtroom Internet Research Going Too Far?, Duncan Stark

Washington Journal of Law, Technology & Arts

Lawyers traditionally have conducted research on potential jurors outside the courtroom as part of voir dire. But as wireless Internet access becomes ubiquitous, attorneys are increasingly likely to conduct juror research inside the courtroom, including during voir dire itself. In the August 2010 decision Carino v. Muenzen, a New Jersey appeals court held that a trial court judge erred when he told a lawyer to close his laptop during voir dire, reasoning that there was no disruption, no resulting prejudice, and no rule against researching jurors online during the proceeding. This Article examines the Carino decision and the issue …


Civil Justice And The Constitution: Limits On Instrumental Judicial Administration In Japan, Mark A. Levin Mar 2011

Civil Justice And The Constitution: Limits On Instrumental Judicial Administration In Japan, Mark A. Levin

Washington International Law Journal

Numerous works have shown how central judicial administrators in Japan may ideologically influence the nation’s lower court judges. This piece draws upon these reports to analyze and frame these circumstances as “instrumental judicial administration,” qualitatively distinguishing the various means used by administrators and reflecting on their degrees of impact on civil procedural justice. Then, moving from description to prescription, the work provides a thorough consideration of the underlying legal context, broadly drawing from constitutional text and history, statutory text, and case law, before launching a search for solutions in its conclusion. Although the immediate focus is on how instrumental judicial …


The Supreme Court And The Push For Transparency In Lower Court Appointments In Japan, Daniel H. Foote Jan 2011

The Supreme Court And The Push For Transparency In Lower Court Appointments In Japan, Daniel H. Foote

Articles

The theme of this symposium issue is ―Decision Making on the Japanese Supreme Court.‖ From that title, readers understandably might assume the focus is squarely on decisions in judicial cases. Yet, as Lawrence Repeta observes in his Article for this issue, the Japanese Supreme Court bears responsibility for another major category of decision making: judicial administration.1 One vitally important aspect of judicial administration for which the Supreme Court bears primary responsibility is the selection of lower court judges, together with personnel management of judges (including decisions on promotions and transfers, which are a standard element of Japan’s career judiciary).2 The …


Meaningful Legal Representation For Children And Youth In Washington's Child Welfare System: Standards Of Practice, Voluntary Training, And Caseload Limits In Response To Hb 2735, Lisa Kelly Jan 2011

Meaningful Legal Representation For Children And Youth In Washington's Child Welfare System: Standards Of Practice, Voluntary Training, And Caseload Limits In Response To Hb 2735, Lisa Kelly

Books

Introduction, pages 1-2

Executive Summary, pages 3-4

Child Recommendation Practice Standards, pages 5-14

Voluntary Training Recommendations, page 15

Supporting Documentation

  • Appendix A, HB 2735, Tab A
  • Appendix B, Children's Representation Sub-Workgroup Membership List, Tab B
  • Appendix C, American Bar Association Standards of Practice for Lawyers Who Represent Children in Abuse and Neglect Cases, Tab C