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Full-Text Articles in Law

Civil Case Appellate Standards Of Review (And A Very Few Unavoidable Related Propositions Of Law), Updated And Revised (Current Through August 3, 2007), Alan G. Gless Aug 2007

Civil Case Appellate Standards Of Review (And A Very Few Unavoidable Related Propositions Of Law), Updated And Revised (Current Through August 3, 2007), Alan G. Gless

State of Nebraska Judicial Branch

Why would a district court judge write about or revise an appellate court judge’s work on appellate standards of review and related propositions of law in civil cases? Well, two reasons – a change in legal mind set and fifteen years’ worth of changes in appellate practice. First, and foremost, when Judge Irwin collected in a single work his 1992 Standards of Review and Propositions of Law, Civil, he was the first in recent Nebraska legal history to do so. Those of us who have used his work owe him our thanks; his contribution was invaluable to both the bench …


Court Review: Volume 43, Issue 1 - President's Column, Steve Leben Jun 2007

Court Review: Volume 43, Issue 1 - President's Column, Steve Leben

Court Review: Journal of the American Judges Association

The American Judges Association is the Voice of the Judiciary.® So says the United States Patent and Trademark Office, which accepted the AJA’s registration of this service mark on the principal register for patents and trademarks on March 27, 2007. This column will seek to answer two questions: What does this mean? And how did it come about?


Grounding Frequent Filers: The Trend Of Revoking The Special Status Of Overly Litigious Pro Se Litigants, Michael G. Langan Jun 2007

Grounding Frequent Filers: The Trend Of Revoking The Special Status Of Overly Litigious Pro Se Litigants, Michael G. Langan

Court Review: Journal of the American Judges Association

Since the early 1990s, federal courts in the Second and Third Circuits have, with increasing frequency, revoked the special status of pro se civil litigants who have been overly litigious. This article discusses the reasons for this trend’s appearance in the Second and Third Circuits, the rationales for the trend, the fairness of the trend, and some practical advice for courts and practitioners wrestling with the issue of whether or not the special status of a particularly litigious pro se litigant should be revoked.


Court Review: Volume 43, Issue 1 - Complete Issue Jun 2007

Court Review: Volume 43, Issue 1 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.


Evaluating Court Processes For Determining Indigency, Elizabeth Neeley, Alan J. Tomkins Jun 2007

Evaluating Court Processes For Determining Indigency, Elizabeth Neeley, Alan J. Tomkins

Court Review: Journal of the American Judges Association

The Sixth Amendment to the Constitution guarantees all people accused of a crime the right to legal counsel. In the landmark 1963 decision Gideon v. Wainright, 1 the United States Supreme Court affirmed the right of indigent defendants to have counsel provided. But Gideon did not end the Supreme Court’s discussion of the circumstances in which the state is required to provide defendants with an attorney when they claim not to have the means to pay for one. 2 Nor did it end the states’ examination of the requirement of any legal assistance paid for by taxpayers. 3 Moreover, …


Court Review: Volume 43, Issue 1 - Cover Jun 2007

Court Review: Volume 43, Issue 1 - Cover

Court Review: Journal of the American Judges Association

No abstract provided.


Court Review: Volume 43, Issue 1 - Table Of Contents Jun 2007

Court Review: Volume 43, Issue 1 - Table Of Contents

Court Review: Journal of the American Judges Association

No abstract provided.


Recent Criminal Decisions Of The United States Supreme Court: The 2005-2006 Term, Charles Whitebread Jun 2007

Recent Criminal Decisions Of The United States Supreme Court: The 2005-2006 Term, Charles Whitebread

Court Review: Journal of the American Judges Association

In this term, as in the previous one, the United States Supreme Court reasserted the rule of law in the context of the detainees in the war on terror. At the same time, however, the addition of two new justices shifted the Court’s ideological balance to the right. In terms of criminal cases, the Court handed down a mixed bag of decisions. It was a bad term for Fourth Amendment claimants with the government prevailing in four of five search-and-seizure cases. Outside the context of the Fourth Amendment, however, criminal defendants fared a little better.
In this article, I review …


Court Review: Volume 43, Issue - Editor's Note Jun 2007

Court Review: Volume 43, Issue - Editor's Note

Court Review: Journal of the American Judges Association

I’m pleased to announce some long-term changes that I believe will greatly improve Court Review. Alan Tomkins, a law and psychology professor with experience in editing a similar journal, has agreed to join me as coeditor. As you’ll see from a greater description of his background, he brings a great number of valuable contacts throughout both the academic world and the judiciary.


Court Review: Volume 43, Issue 1 - The Resource Page Jun 2007

Court Review: Volume 43, Issue 1 - The Resource Page

Court Review: Journal of the American Judges Association

No abstract provided.


Nebraska Probation Revocation: A Primer (2007 Revision), Alan G. Gless Jan 2007

Nebraska Probation Revocation: A Primer (2007 Revision), Alan G. Gless

State of Nebraska Judicial Branch

The law of probation revocation developed rapidly over the eighteen years preceding this article’s 1989 appearance. While its development has slowed substantially since then, it continues to evolve. The overall field of Nebraska probation revocation remains essentially unchanged from the way it was in 1989 when this article first appeared. The case law has neither burgeoned dramatically nor altered the scenery in major ways, although, it has added a few refinements. But important procedural and substantive wrinkles have appeared through 2003 statutory amendments to the steps probation officers must take in responding to probationers’ violations of the conditions of their …


Court Review: Volume 44, Issue 4 – Cover Jan 2007

Court Review: Volume 44, Issue 4 – Cover

Court Review: Journal of the American Judges Association

No abstract provided.


Court Review: Volume 44, Issue 4 – Complete Issue Jan 2007

Court Review: Volume 44, Issue 4 – Complete Issue

Court Review: Journal of the American Judges Association

Table of Contents:
An American Judge at the European Court of Human Rights by Donald Shaver

Punitive Damages After Philip Morris USA v. Williams by Benjamin C. Zipursky

From Investigation to Implementation: Factors for Successful Commissions on the Elimination of Racial and Ethnic Bias by Elizabeth Neeley

Editor’s Note

President’s Column

Court Review: The Ten-Year Index

The Resource Page


Court Review: Volume 44, Issue 1/2 – Procedural Justice And The Courts, Tom R. Tyler Jan 2007

Court Review: Volume 44, Issue 1/2 – Procedural Justice And The Courts, Tom R. Tyler

Court Review: Journal of the American Judges Association

People come to the courts about a wide variety of problems and disputes. Although this has always been the case, in recent years the court system has become the branch of government in which people deal with an ever broader variety of issues and concerns. And the people who bring their problems to court have themselves become increasingly diverse in terms of their ethnic and social backgrounds. In addition, more and more of these people choose to represent themselves, rather than acting through lawyers. Finally, these changes are occurring in an environment in which people have generally lower levels of …


Court Review: Volume 43, Issue 4 – Editor’S Note, Steve Leben Jan 2007

Court Review: Volume 43, Issue 4 – Editor’S Note, Steve Leben

Court Review: Journal of the American Judges Association

Divorce cases were part of my docket when I began my judicial career. I was single then and had not had children. I quickly faced lots of situations well beyond my experience: a breast-feeding mother who wanted the father’s visitation limited to four hours in her presence each week, a parent who wanted t o move across the country with the child, or even a dispute about parent-child access in a “typical” divorce. In the absence of expert testimony, could I look anywhere for answers other than court decisions that may—or may not—have been based on sound research?


Court Review: Volume 44, Issue 3 – In Memory Of Charles H. Whitebread, Steve Leben Jan 2007

Court Review: Volume 44, Issue 3 – In Memory Of Charles H. Whitebread, Steve Leben

Court Review: Journal of the American Judges Association

On September 16, 2008, the American Judges Association lost its best and most loyal friend. Law professor Charles H. Whitebread died that day of lung cancer at the age of 65.


Court Review: Volume 44, Issue 3 – Selected Criminal Law Cases In The Supreme Court’S 2007-2008 Term, And A Look Ahead, Charles D. Weisselberg Jan 2007

Court Review: Volume 44, Issue 3 – Selected Criminal Law Cases In The Supreme Court’S 2007-2008 Term, And A Look Ahead, Charles D. Weisselberg

Court Review: Journal of the American Judges Association

The U.S. Supreme Court’s October 2007 Term had a substantial and notable criminal docket. There were very significant Second, Sixth, and Eighth Amendment decisions as well as important rulings relating to basic habeas corpus principles and federal statutes. This article provides a selected overview of the Term with a heavy emphasis on those cases that may have the greatest impact upon the states. The article also suggests some questions left open by the Court’s opinions and provides some preliminary indications of how several decisions are being received in state and federal courts. It concludes with a preview of some cases …


Court Review: Volume 44, Issue 3 – Resource Page Jan 2007

Court Review: Volume 44, Issue 3 – Resource Page

Court Review: Journal of the American Judges Association

Online


Court Review: Volume 44, Issue 3 – President’S Column, Tam Schumann Jan 2007

Court Review: Volume 44, Issue 3 – President’S Column, Tam Schumann

Court Review: Journal of the American Judges Association

In every issue of Court Review, some new members of the American Judges Association are introduced to the AJA through this column. Others turn here for an update. As the AJA’s new president, my first column is a good time to look both backwards at recent activities and forward at the next year’s work.
The AJA today has more than 2,000 members, including judges at all levels of the judiciary—-trial and appellate judges, general-jurisdiction and limited-jurisdiction trial judges, and judges in both the United States and Canada. In fact, we have 150 Canadian members, something that greatly enriches the interchange …


Court Review: Volume 44, Issue 1/2 – Adding Color To The White Paper: Time For A Robust Reciprocal Relationship Between Procedural Justice And Therapeutic Jurisprudence, David B. Wexler Jan 2007

Court Review: Volume 44, Issue 1/2 – Adding Color To The White Paper: Time For A Robust Reciprocal Relationship Between Procedural Justice And Therapeutic Jurisprudence, David B. Wexler

Court Review: Journal of the American Judges Association

Judges Kevin Burke and Steve Leben, in Procedural Fairness: A Key Ingredient in Public Satisfaction, have produced a most impressive White Paper. It is handy, brief, crisp, readable, and immensely practical.

The document draws on, and makes most accessible, the research on procedural justice, demonstrating convincingly the importance of judges understanding and implementing in their courtrooms concepts such as “voice” and “respect.” Judges Burke and Leben claim procedural justice to be “the” critical element in public trust and confidence regarding the court system. They note, too, the role procedural fairness likely plays in increased compliance with court orders and even …


Court Review: Volume 44, Issue 1/2 – Children And Procedural Justice, Victoria Weisz, Twila Wingrove, April Faith-Slaker Jan 2007

Court Review: Volume 44, Issue 1/2 – Children And Procedural Justice, Victoria Weisz, Twila Wingrove, April Faith-Slaker

Court Review: Journal of the American Judges Association

The American Judges Association’s White Paper that forms the centerpiece of this issue begins with the recognition that even first graders have an understanding of procedural fairness. Developmental research has indeed established that young children are able to evaluate the fairness of activities and that they have a more positive perception of activities they deem to be more fair. Until recently, however, there has been little concern in the U.S. regarding children’s experiences of legal processes and procedures. In fact, children were not generally expected or encouraged to directly participate in most legal processes, even those where they were a …


Court Review: Volume 44, Issue 1/2 – Table Of Contents Jan 2007

Court Review: Volume 44, Issue 1/2 – Table Of Contents

Court Review: Journal of the American Judges Association

Table of Contents:

Procedural Fairness: A Key Ingredient in Public Satisfaction by Kevin Burke and Steve Leben

Procedural Justice and the Courts By Tom R. Tyler

Procedural Fairness as a Court Reform Agenda by David B. Rottman

Children and Procedural Justice by Victoria Weisz, Twila Wingrove, and April Faith-Slaker

Procedural Fairness in the California Courts by Douglas Denton

The Perceptions of Self-Represented Tenants in a Community-Based Housing Court by Rashida Abuwala and Donald J. Farole

Decision Makers and Decision Recipients: Understanding Disparities in the Meaning of Fairness by Diane Sivasubramaniam and Larry Heuer

Fair Procedures, Yes. But We Dare Not …


Court Review: Volume 44, Issue 1/2 – Cover Jan 2007

Court Review: Volume 44, Issue 1/2 – Cover

Court Review: Journal of the American Judges Association

No abstract provided.


Court Review: Volume 44, Issue 1/2 – Complete Issue Jan 2007

Court Review: Volume 44, Issue 1/2 – Complete Issue

Court Review: Journal of the American Judges Association

Table of Contents:
Procedural Fairness: A Key Ingredient in Public Satisfaction by Kevin Burke and Steve Leben
Procedural Justice and the Courts By Tom R. Tyler
Procedural Fairness as a Court Reform Agenda by David B. Rottman
Children and Procedural Justice by Victoria Weisz, Twila Wingrove, and April Faith-Slaker
Procedural Fairness in the California Courts by Douglas Denton
The Perceptions of Self-Represented Tenants in a Community-Based Housing Court by Rashida Abuwala and Donald J. Farole
Decision Makers and Decision Recipients: Understanding Disparities in the Meaning of Fairness by Diane Sivasubramaniam and Larry Heuer
Fair Procedures, Yes. But We Dare Not …


Court Review: Volume 43, Issue 4 – Mental Illness And The Courts: Some Reflections On Judges As Innovators, John Petrila, Allison Redlich Jan 2007

Court Review: Volume 43, Issue 4 – Mental Illness And The Courts: Some Reflections On Judges As Innovators, John Petrila, Allison Redlich

Court Review: Journal of the American Judges Association

Issues raised by the influx of defendants with serious mental illnesses are some of the most important that criminal judges confront. Because of the volume of defendants with mental illnesses, the impact goes beyond that of the individual case and extends to jails, police and sheriff departments, the treatment system, and ultimately to the role of the judge. This article suggests some of the ways in which communities have attempted to respond to these issues, and highlights the fact that judges have become significant leaders as well as innovators in such efforts. Not every judge will decide to adopt one …


Court Review: Volume 44, Issue 1/2 – Procedural Fairness As A Court Reform Agenda, David B. Rottman Jan 2007

Court Review: Volume 44, Issue 1/2 – Procedural Fairness As A Court Reform Agenda, David B. Rottman

Court Review: Journal of the American Judges Association

This essay reflects on the ways in which procedural fairness can provide the direction for a revived court reform agenda. All previous eras of court reform were guided by a theory drawn either from academia or the field of management. Procedural fairness, in my view, is the organizing theory for which 21st-century court reform has been waiting.

Past eras of court reform accomplished a great deal. In 1950, there were 826 trial courts in California. Today, 58 trial courts—one per county—hear all manners of cases. Management theories drawn from the business field provided the blueprint for court reform by (a) …


Court Review: Volume 44, Issue 1/2 – The Resource Page Jan 2007

Court Review: Volume 44, Issue 1/2 – The Resource Page

Court Review: Journal of the American Judges Association

Websites


Court Review: Volume 44, Issue 1/2 – Decision Makers And Decision Recipients: Understanding Disparities In The Meaning Of Fairness, Diane Sivasubramaniam, Larry Heuer Jan 2007

Court Review: Volume 44, Issue 1/2 – Decision Makers And Decision Recipients: Understanding Disparities In The Meaning Of Fairness, Diane Sivasubramaniam, Larry Heuer

Court Review: Journal of the American Judges Association

Since World War II, psychologists have devoted considerable attention to understanding the factors that shape people’s satisfaction with the outcomes of social or economic exchanges—outcomes of events not unlike the encounters occurring between judges and litigants in civil and criminal courtrooms, encounters between police officers and civilians, or encounters between mediators and disputants in alternative dispute resolution centers throughout the United States every day. In one classic early study, it came as somewhat of a surprise when it was discovered that satisfaction was not easily explained by economic theories of human behavior. This finding launched an inquiry guided by theories …


Court Review: Volume 44, Issue 1/2 – Procedural Fairness: A Key Ingredient In Public Satisfaction, Kevin Burke, Steve Leben Jan 2007

Court Review: Volume 44, Issue 1/2 – Procedural Fairness: A Key Ingredient In Public Satisfaction, Kevin Burke, Steve Leben

Court Review: Journal of the American Judges Association

Americans are highly sensitive to the processes of procedural fairness. It is no surprise, then, that the perception of unfair or unequal treatment “is the single most important source of popular dissatisfaction with the American legal system.” Even first-graders react negatively to a situation where a mother punishes her child for a broken vase without consulting a witness first. This negative reaction signifies powerfully that children are already sensitive to the principles of procedural fairness. If children in early elementary school already react negatively to perceived violations of procedural fairness, it is only that much more imperative to address the …


Court Review: Volume 44, Issue 1/2 – Fair Procedures, Yes. But We Dare Not Lose Sight Of Fair Outcomes, Brian H. Bornstein, Hannah Dietrich Jan 2007

Court Review: Volume 44, Issue 1/2 – Fair Procedures, Yes. But We Dare Not Lose Sight Of Fair Outcomes, Brian H. Bornstein, Hannah Dietrich

Court Review: Journal of the American Judges Association

Burke and Leben’s White Paper on procedural justice and what judges can do to enhance it in the courtroom is an important work for several reasons, two of which especially stand out. First, their paper illustrates how effectively laboratory-based social-science research (often referred to as basic research) and more naturalistic studies performed in real world contexts (often referred to as applied research) can be combined in addressing public policy matters. Second, it contains practical, feasible, and specific recommendations for improving courtroom practice based on that research. We believe that much goodwill come from Burke and Leben’s calling judges’ attention to …