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Articles 1 - 4 of 4
Full-Text Articles in Law
Recusal, Government Ethics, And Superannuated Constitutional Theory, Keith Swisher
Recusal, Government Ethics, And Superannuated Constitutional Theory, Keith Swisher
Keith Swisher
Something good and something bad happened recently in government and judicial ethics; no one has truly noticed yet for some reason. The Supreme Court all but banned First Amendment analysis as applied to recusal laws, both legislative and judicial. That, actually, is the good thing, or so I argue. The bad thing is that the Court, in doing so, used a geriatric approach to constitutional theory. The approach is unduly reverent of anything “old;” and old is not limited to the practices of the Founding Fathers, but also includes “traditional” practices within some undefined range. But what is old is …
The Case For 'Expanding' The Abstention Doctrine To Account For The Laws And Policies Of The American Indian Tribes, Jay Kanassatega
The Case For 'Expanding' The Abstention Doctrine To Account For The Laws And Policies Of The American Indian Tribes, Jay Kanassatega
Jay Kanassatega
The origination and evolution of the abstention doctrine illustrates how the United States Supreme Court has created a workable balance of concurrent federal-state judicial power in circumstances where state law and state policies predominated and accommodated vital federal policy interests. Acknowledging the recent debate among scholars and commentators as to the wisdom of the abstention doctrine, this article advocates in favor of the creation of another application of the doctrine — one that acknowledges both the sovereignty of the American Indian tribes and their democratic governments and the inherent conflict arising from three sovereigns exercising concurrent jurisdiction over the same …
Prosecutorial Conflicts Of Interest In Post-Conviction Practice, Keith Swisher
Prosecutorial Conflicts Of Interest In Post-Conviction Practice, Keith Swisher
Keith Swisher
Prosecutors, our ministers of justice, do not play by the same conflict of interest rules. All other attorneys should not, and cannot, attack their prior work in transactional or litigation matters; nor should other attorneys unquestionably represent clients in matters in which the attorneys themselves face disciplinary, civil, or criminal liability. When prosecutors have likely convicted an innocent person, however, prosecutors are asked to review their own prior work objectively and then to undo it. But they understandably suffer from a conflict between their duty to justice and their duty to themselves — their duty to seek the release of …
Stock Stories, Cultural Norms, And The Shape Of Justice For Native Americans Involved In Interparental Child Custody Disputes In State Court Proceedings, Diana Lopez-Jones
Stock Stories, Cultural Norms, And The Shape Of Justice For Native Americans Involved In Interparental Child Custody Disputes In State Court Proceedings, Diana Lopez-Jones
Diana Lopez-Jones
In an American courtroom, a litigant relies on the evidence and his words--strung together in story form--to convince the judge (or jury) of the merits of the case. The litigants compete, within strict parameters, to tell the stronger and more resonant story. Because stories almost always begin with a shift in “the way things generally are,” stories of change essentially form the foundation for much litigation, especially in family courts. The stories presented by litigants in family court are not only emotionally compelling, but they also incorporate themes common to daily life: family conflicts, spousal relationships, parental responsibilities, financial difficulties, …