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Articles 121 - 142 of 142
Full-Text Articles in Law
Suppose The Schindlers Had Won The Schiavo Case, Alan Meisel
Suppose The Schindlers Had Won The Schiavo Case, Alan Meisel
Articles
In this Article, I will identify and discuss the harms that would have occurred had the Schindlers won the Schiavo Case - the harms both to Terri Schiavo in the private case and the larger set of harms to public policy in the public case. The Schindlers fought Michael Schiavo on a variety of battlegrounds - the Florida courts, the Florida legislative and executive branches, the federal courts, and eventually Congress. Had they definitively prevailed in any of these forums, the consequences for end-of-life decisionmaking would have been largely the same. Had they prevailed in Congress or even in the …
Judicial Review Of Thirteenth Amendment Legislation: 'Congruence And Proportionality' Or 'Necessary And Proper'?, William M. Carter Jr.
Judicial Review Of Thirteenth Amendment Legislation: 'Congruence And Proportionality' Or 'Necessary And Proper'?, William M. Carter Jr.
Articles
The Thirteenth Amendment has relatively recently been rediscovered by scholars and litigants as a source of civil rights protections. Most of the scholarship focuses on judicial enforcement of the Amendment in lawsuits brought by individuals. However, scholars have paid relatively little attention as of late to the proper scope of congressional action enforcing the Amendment. The reason, presumably, is that it is fairly well settled that Congress enjoys very broad authority to determine what constitutes either literal slavery or, to use the language of Jones v. Alfred H. Mayer Co., a "badge or incident of slavery" falling within the Amendment's …
Post-Realist Blues: Formalism, Instrumentalism, And The Hybrid Nature Of Common Law Jurisprudence, Marin Roger Scordato
Post-Realist Blues: Formalism, Instrumentalism, And The Hybrid Nature Of Common Law Jurisprudence, Marin Roger Scordato
Scholarly Articles
At the beginning of the twentieth century, it was widely believed that appellate courts determined the outcome of disputed issues of law predominately by the application of pre-existing precedent and time honored legal maxims. The primary work of the common law courts was thought to be this distinctive identification, maintenance, inductive development and case specific deductive application of the body of precedent in its jurisdiction, sometimes known as formalism.
Starting with the influence of the legal realists in the 1920s, a profound shift took place in the dominant conception of the nature of common law jurisprudence. Here, at the beginning …
Court Review: Volume 44, Issue 1/2 – Procedural Justice And The Courts, Tom R. Tyler
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 44, Issue 1/2 – The Resource Page
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 – President’S Column, Eileen Olds
Court Review: Volume 44, Issue 1/2 – President’S Column, Eileen Olds
Court Review: Journal of the American Judges Association
During this year as your AJA president, my appreciation and respect for the role that we play in our courtrooms has amplified. I have been afforded numerous opportunities to speak with other judges and various community and civic groups to gauge their concerns about our judicial system. Members of the judiciary and the community alike share a common concern for what is viewed as increasingly eroding societal values, as evidenced in courtrooms everywhere. Most conversations eventually evolve to discussions about prevention strategies. How did this happen? What needs to be done? I am convinced that, as judges, we must actively …
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: 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 In The California Courts, Douglas Denton
Court Review: Volume 44, Issue 1/2 – Procedural Fairness In The California Courts, Douglas Denton
Court Review: Journal of the American Judges Association
In 2005, California’s judicial branch embarked on a two-part assessment to determine current levels of trust-and-confidence in the state courts and to obtain information concerning expectations and performance of the state courts. The findings were revealing—they highlighted good news for the courts and identified considerable challenges. The trust-and-confidence study not only informed the subsequent strategic and operational planning processes, it also spurred a large-scale initiative focused on one particularly compelling aspect of the public-trust-and-confidence assessment: the significant and important role that perceptions of procedural fairness play in determining court users’ trust and confidence in the California courts.
Court Review: Volume 44, Issue 1/2 – Procedural Fairness: A Key Ingredient In Public Satisfaction, Kevin Burke, Steve Leben
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 – Cover
Court Review: Volume 44, Issue 1/2 – Cover
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 43, Issue 4 – President’S Column, Eileen Olds
Court Review: Volume 43, Issue 4 – President’S Column, Eileen Olds
Court Review: Journal of the American Judges Association
I can hardly believe that I am halfway through my term as your president. Time really does fly when you’re having fun! Fun I have had, but more importantly, I have had the opportunity to represent this prestigious, premier organization of judges in many different venues. As an organization, we are addressing critical issues facing our judiciary. With our initiatives, such as our “Tell It to the Judge” project, we are also examining those issues relevant to the public that we serve. Through it all, I have been proud to witness the stature that AJA enjoys all over the country.
Court Review: Volume 43, Issue 4 – A Judges’ Guide To Using Social Science, John Monahan, Laurens Walker
Court Review: Volume 43, Issue 4 – A Judges’ Guide To Using Social Science, John Monahan, Laurens Walker
Court Review: Journal of the American Judges Association
Since the first glimmerings of legal realism early in this century, American courts have been remarkably open to using social science research when that research could help resolve empirical issues that arise in litigation. Increasingly in recent decades, courts have sought out research data on their own when the parties have failed to provide them. Social scientists, for their part, are investigating questions of judicial interest at an accelerating pace. In this article, we examine the three principal uses that courts have found for social science research. For each use, we review early and current approaches to dealing with social …
Court Review: Volume 43, Issue 4 – Editor’S Note, Steve Leben
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 4 – Cover
Court Review: Volume 44, Issue 4 – Cover
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 44, Issue 4 – Punitive Damages After Philip Morris Usa V. Williams, Benjamin C. Zipursky
Court Review: Volume 44, Issue 4 – Punitive Damages After Philip Morris Usa V. Williams, Benjamin C. Zipursky
Court Review: Journal of the American Judges Association
For a single tort case in which liability is no longer contested, Philip Morris USA v. Williams proved remarkably difficult to bring to closure. Like many plaintiffs since the 1990s, Mayola Williams persuaded a jury that Philip Morris fraudulently concealed the addictive and carcinogenic aspects of its product from the public and thereby killed her husband. The jury awarded $821,000 in compensatory damages and $79.5 million in punitive damages. That is a nearly 100:1 ratio, far greater than the single-digit ratio designated by the Court as a presumptive limit only four years earlier in State Farm Mutual Automobile Insurance Company …
Court Review: Volume 44, Issue 4 – An American Judge At The European Court Of Human Rights, Donald Shaver
Court Review: Volume 44, Issue 4 – An American Judge At The European Court Of Human Rights, Donald Shaver
Court Review: Journal of the American Judges Association
We followed President Barack Obama into Strasbourg, France, last April, but our group of 27 judges and justices did not generate quite as many headlines as he did. Not surprising, since it was only coincidence that our seminar on the European Court of Human Rights (ECHR), sponsored by the International Judicial Academy, happen to follow a NATO summit meeting also occurring in Strasbourg. No worries, we were all excited to be there anyway.
Court Review: Volume 44, Issue 4 – Resource Page
Court Review: Volume 44, Issue 4 – Resource Page
Court Review: Journal of the American Judges Association
Websites of Interest
New books
Court Review: Volume 44, Issue 4 – From Investigation To Implementation: Factors For Successful Commissions On The Elimination Of Racial And Ethnic Bias, Elizabeth Neeley
Court Review: Volume 44, Issue 4 – From Investigation To Implementation: Factors For Successful Commissions On The Elimination Of Racial And Ethnic Bias, Elizabeth Neeley
Court Review: Journal of the American Judges Association
In the 1980s, states began to study racial and ethnic bias in their judicial systems. Now that more than 25 states, along with scores of academics, have examined issues of racial fairness in the courts, models and strategies exist for effectively conducting these investigations. The National Center for State Courts, in conjunction with the National Consortium on Racial and Ethnic Bias in the Courts, developed a best practices model for establishing and operating a task force or commission on racial and ethnic bias in the courts. The publication provides guidance on: creating the necessary momentum for establishing a task force …
Court Review: Volume 44, Issue 4 – Cover
Court Review: Volume 44, Issue 4 – Cover
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 44, Issue 3 – In Memory Of Charles H. Whitebread, Steve Leben
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 4 – Complete Issue
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 3 – When Should Judges Use Alcohol Monitoring As A Sentencing Option In Dwi Cases?, Victor E. Flango, Fred Cheesman
Court Review: Volume 44, Issue 3 – When Should Judges Use Alcohol Monitoring As A Sentencing Option In Dwi Cases?, Victor E. Flango, Fred Cheesman
Court Review: Journal of the American Judges Association
Traditional sentencing sanctions have not been particularly effective against people caught driving while impaired (DWI) and less so against repeat offenders. Technology has provided judges with some new sentencing options, including various forms of electronic home monitoring. This article takes an initial step toward evaluating the effectiveness of alcohol monitoring as a sentencing option in DWI cases with the goal of eventually determining which types of offenders, if any, would benefit most from alcohol monitoring. The constant monitoring of alcohol consumption is thought to aid rehabilitation by providing a deterrent to drinking and a positive reinforcement to sobriety. It permits …