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Articles 1 - 5 of 5
Full-Text Articles in Law
In Search Of The Real Roberts Court, Stephen Wermiel
In Search Of The Real Roberts Court, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Reconceptualizing Managerial Judges, Steven Baicker-Mckee
Reconceptualizing Managerial Judges, Steven Baicker-Mckee
American University Law Review
No abstract provided.
The Collapse Of The House That Ruth Built: The Impact Of The Feeder System On Female Judges And The Federal Judiciary, 1970-2014, Alexandra G. Hess
The Collapse Of The House That Ruth Built: The Impact Of The Feeder System On Female Judges And The Federal Judiciary, 1970-2014, Alexandra G. Hess
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Unspringing The Witness Memory And Demeanor Trap: What Every Judge And Juror Needs To Know About Cognitive Psychology And Witness Credibility, Mark W. Bennett
Unspringing The Witness Memory And Demeanor Trap: What Every Judge And Juror Needs To Know About Cognitive Psychology And Witness Credibility, Mark W. Bennett
American University Law Review
The soul of America's civil and criminal justice systems is the ability of jurors and judges to accurately determine the facts of a dispute. This invariably implicates the credibility of witnesses. In making credibility determinations, jurors and judges necessarily decide the accuracy of witnesses' memories and the effect of the witnesses' demeanor on their credibility. Almost all jurisdictions' pattern jury instructions about witness credibility explain nothing about how a witness's memories for events and conversations work-and how startlingly fallible memories actually are. They simply instruct the jurors to consider the witness's "memory" with no additional guidance. Similarly, the same pattern …
Inferiority Complex: Should State Courts Follow Lower Federal Court Precedent On The Meaning Of Federal Law?, Amanda Frost
Inferiority Complex: Should State Courts Follow Lower Federal Court Precedent On The Meaning Of Federal Law?, Amanda Frost
Articles in Law Reviews & Other Academic Journals
The conventional wisdom is that state courts need not follow lower federal court precedent when interpreting federal law. Upon closer inspection, however, the question of how state courts should treat lower federal court precedent is not so clear. Although most state courts now take the conventional approach, a few contend that they are obligated to follow the lower federal courts, and two federal courts of appeals have declared that their decisions are binding on state courts. The Constitution’s text and structure send mixed messages about the relationship between state and lower federal courts, and the Supreme Court has never squarely …