Law Commons^™

Horizontal Federalism In An Age Of Criminal Justice Interconnectedness, Wayne A. Logan

Scholarly Publications

Despite their status as independent sovereigns, states increasingly exhibit a willingness to interact when it comes to crime control matters. This Article examines the two foremost examples of this phenomenon: criminal recidivist enhancement laws and sex offender registration laws. Both types of laws have been around for decades and have evolved to accommodate ex-offenders, who, consistent with constitutional freedom of movement, can (and often do) change state residences. This effort at accommodation, however, puts states in the unusual position of having to interpret and apply the criminal laws and outcomes of their fellow sovereigns. As the Article makes clear, recidivist …

Model Of Time-Inconsistent Misconduct: The Case Of Lawyer Misconduct, Manuel A. Utset

Scholarly Publications

No abstract provided.

Summary Of Sampson V. State, 121 Nev. Adv. Op. 80, Denise S. Balboni

Nevada Supreme Court Summaries

Admission of expert testimony is within the sole discretion of the trial judge. Abuse of discretion does not exist where defense counsel waited until the eighth day of trial to seek to call a newly-named expert witness without sufficient justification for the delay. The Nevada Supreme Court adopts the rule against admission of witness and prosecution comments regarding a defendant’s invocation of Fourth Amendment rights when such evidence is used to support an inference of guilt. When the district court admits such evidence, this Court will determine the existence of reversible error by application of the same test used for …

Comments On Luke Nottage's Paper, Meredith Kolsky Lewis

Journal Articles

No abstract provided.

Fishing For Adr, David Bryson, Nadja Alexander

Research Collection Yong Pung How School Of Law

As the mediation field in Australia and abroad flourishes, so too do publications on the topic. However a plethora of publications has consequences for any academic and professional field. On one hand it means that readers are indulged with a rich array of information, views and opinions; on the other it requires readers to be much more sophisticated and discriminatory in their choice of reading.

Natural Forum And The Elusive Significance Of Jurisdiction Agreements, Tiong Min Yeo

Research Collection Yong Pung How School Of Law

The Singapore court's power to stay its proceedings by reason of its not being the appropriate forum the proceedings ought not to be continued is underpinned by the common law principle enunciated in The Spiliada that generally a trial should be heard in its natural forum. The Rainbow Joy adds significantly to Singapore law on forum non conveniens on two important points. First, it establishes that it is not necessary to show that the alternative forum abroad is constituted as a court of law. Secondly, the case establishes that whether there is a defense claim on the merits is an …

Court Review: Volume 41, Issue 3-4 - Cover

Court Review: The Journal of the American Judges Association

No abstract provided.

Court Review: Volume 41, Issue 3-4 - Working On The Components Of Judicial Independence, Ronald M. George

Court Review: The Journal of the American Judges Association

Courts have often been cited as the weakest of the three branches of government. I do not necessarily agree with that assessment, but increasingly courts are realizing that that does not, in any event, mean they can or should remain silent or passive and allow our sister branches to determine our fate. Court governance and leadership, eliminating bias, improving access, and judicial independence are critical areas upon which we all must focus. They are necessary factors not only in preserving the strength of the judicial branch in our state and federal governmental structures, but also in ensuring that our nation …

Court Review: Volume 41, Issue 3-4 - Table Of Contents

Court Review: The Journal of the American Judges Association

No abstract provided.

Court Review: Volume 41, Issue 3-4 - Is Judicial Independence A Casualty In State And Local Budget Battles?, Michael A. Cicconetti, Michael Buenger, Lawrence G. Myers, Robert Wessels

Court Review: The Journal of the American Judges Association

The first panel discussion at the National Forum on Judicial Independence reviews the budget pressures encountered by the judiciary and their impact on judicial independence. The discussion was led by then-AJA vice president Michael A. Cicconetti, a municipal judge from Painesville, Ohio. Panelists were Michael L. Buenger, Missouri state court administrator, Lawrence G. Myers, court administrator for Joplin, Missouri, and Robert Wessels, court manager for the County Criminal Courts at Law in Houston, Texas. The National Forum on Judicial Independence was supported by a generous grant from the Joyce Foundation of Chicago, Illinois.

Court Review: Volume 41, Issue 3-4 - Friends Of The Court? The Bar, The Media, And The Public, Steve Leben, John Russonello, Malcom Feeley

Court Review: The Journal of the American Judges Association

The fourth panel discussion at the National Forum on Judicial Independence explores the way the public thinks about judicial independence and ways in which the media and members of the bar may affect judicial independence. The discussion was led by then-AJA secretary Steve Leben, a state general-jurisdiction trial judge from Kansas. Panelists were John Russonello, a pollster and consultant to nonprofit organizations, political campaigns, and other clients, and Malcolm Feeley, professor at the Boalt Hall School of Law at the University of California-Berkeley. The National Forum on Judicial Independence was supported by a generous grant from the Joyce Foundation of …

Court Review: Volume 41, Issue 3-4 - Balancing Act: Can Judicial Independence Coexist With Court Accountability?, Michael W. Manners, Michael Buenger, Kevin S. Burke, Bobby B. Delaughter

Court Review: The Journal of the American Judges Association

The fifth panel discussion at the National Forum on Judicial Independence explored the intersection between judicial independence and public accountability. The discussion was led by Michael W. Manners, a circuit judge on the Jackson County Circuit Court in Independence, Missouri. Panelists were Michael L. Buenger, Missouri state court administrator, Kevin S. Burke, a district judge in Hennepin County District Court in Minneapolis, Minnesota, Bobby B. DeLaughter, a circuit judge on the Hinds County Circuit Court in Jackson, Mississippi, Malcolm Feeley, professor of law at the University of California-Berkeley, Michael R. McAdam, judge on the Kansas City (Mo.) Municipal Court, Mary …

Court Review: Volume 41, Issue 3-4 - President’S Column, Gayle A. Nachtigal

Court Review: The Journal of the American Judges Association

Over their lifetime, most citizens will never see the inside of a jail or be a participant in a criminal trial. They may come to the courthouse for traffic violations and for domestic relations cases, to pay property taxes, deal with landlord-tenant matters, or obtain documents for other events in their lives. As a result, their understanding and appreciation for the judicial system must be gathered from other sources. We must provide accurate information. Citizens receive information about the judicial system from the media, particularly television. Television cases are resolved in approximately 22 minutes; on at least one show, that …

Court Review: Volume 41, Issue 3-4 - Problem-Solving Courts: Do They Create Judicial Independence Problems Or Opportunities Or Both?, Michael R. Mcadam, Kevin S. Burke, Mary Campbell Mcqueen

Court Review: The Journal of the American Judges Association

The third panel discussion at the National Forum on Judicial Independence explores the tension between setting up specialized, problem-solving courts and maintaining judicial independence for the judges assigned to such courts. The discussion was led by then-AJA president Michael R. McAdam, a judge on the Kansas City (Mo.) Municipal Court. Panelists were Kevin S. Burke, a district judge and past chief judge of the Hennepin County (Minn.) District Court, and Mary Campbell McQueen, president of the National Center for State Courts. The National Forum on Judicial Independence was supported by a generous grant from the Joyce Foundation of Chicago, Illinois.

Court Review: Volume 41, Issue 3-4 - Judicial Independence: The Freedom To Be Fair, Steve Leben, Michael R. Mcadam, Leo Bowman, Kevin S. Burke, Michael Cicconetti, Malcom Feeley, Jack Ford, Gayle Nachtigal, Tam Nomoto Schumann, William C. Vickrey

Court Review: The Journal of the American Judges Association

The final panel discussion at the National Forum on Judicial Independence was moderated by Jack Ford, host of the syndicated Public Broadcasting System program, Inside the Law. The discussion explores topics of judicial independence in a manner designed for use with the public at large and formed the basis for the onehour PBS program, “Judicial Independence: The Freedom to Be Fair.” Panelists were Leo Bowman, chief judge of the District Court in Pontiac, Michigan, Kevin Burke, district judge and former chief judge of the Hennepin County (Minn.) District Court, Michael Cicconetti, judge of the Painesville (Ohio) Municipal Court, Malcolm Feeley, …

Court Review: Volume 41, Issue 3-4 - The Resource Page

Court Review: The Journal of the American Judges Association

No abstract provided.

Court Review: Volume 41, Issue 3-4 - Complete Issue

Court Review: The Journal of the American Judges Association

No abstract provided.

"Anticipatory Self-Defense" And Other Stories, Jeanne M. Woods, James M. Donovan

Law Faculty Scholarly Articles

We argue that the specious justification for the invasion of Iraq -- a war based on a pretext of anticipatory self-defense -- necessarily exacerbates the inherent tendency of war to dehumanize and humiliate the enemy. This tendency is particularly evident in the variant of anticipatory self-defense that we have denominated as "capacity preemption," a type of claim that by definition depends upon characterizations of the opponent as utterly inhuman.

The Bush Doctrine tells a timeless story of self-defense. This story is shaped by an identifiable and predictable narrative structure, one that is able to transform the morally outrageous -- an …

Documenting Discrimination In Voting: Judicial Findings Under Section 2 Of The Voting Rights Act Since 1982, Ellen D. Katz, Margaret Aisenbrey, Anna Baldwin, Emma Cheuse, Anna Weisbrodt

Other Publications

This year marks the fortieth anniversary of one of the most remarkable and consequential pieces of congressional legislation ever enacted. The Voting Rights Act of 1965 ("the VRA") targeted massive disfranchisement of African-American citizens in numerous Southern states. It imposed measures drastic in scope and extraordinary in effect. The VRA eliminated the use of literacy tests and other "devices" that Southern jurisdictions had long employed to prevent black residents from registering and voting. The VRA imposed on these jurisdictions onerous obligations to prove to federal officials that proposed changes to their electoral system would not discriminate against minority voters. Resistance …

Immigrant Entrepreneurs And Neighborhood Revitalization: Studies Of The Allston Village, East Boston And Fields Corner Neighborhoods In Boston, Ramon Borges-Mendez, Michael Liu, Paul Watanabe

Institute for Asian American Studies Publications

Although somewhat later than other major urban areas, Boston has been experiencing fundamental demographic changes. The 2000 Census reported that for the first time non-Hispanic whites constitute a minority of the city’s population. Subsequent Census estimates confirm an even stronger trend toward a rapidly diversifying population.

Immigration has been a major factor in this growth and diversification. A recent report shows that over the last 15 years more than 22,000 new immigrants have annually settled in Massachusetts. The foreign-born as a percentage of the population has grown from 9.4 percent in 1980 to 14.3 percent in 2004.

Familiar Battles For Bioethics: Facing Off Over Transplantation, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.

Summary Of Nelson V. Heer, 121 Nev. Adv. Op. 81, Denise Balboni

Nevada Supreme Court Summaries

Motion to support a stay pending an appeal by security other than a supersedeas bond.

Opting Out Of Liability: The Forthcoming, Near-Total Demise Of The Modern Class Action, Myriam E. Gilles

Articles

It is reasonable to expect that courts will demonstrate great solicitude for the recent innovation that I term "collective action waivers" - i.e., contractual provisions contained within arbitration agreements whereby consumers and others waive their rights to participate in any form of collective litigation or class arbitration. The history of mass tort class actions and the hegemonic expansion of pro-arbitration jurisprudence compel this conclusion. And, as the now-dominant economic model of contract law has moved the focus of courts from the value of consent to the value of efficiency, arbitration agreements found in all manner of shrink-wrap, scroll-text and bill-stuffer …

Human-Centric International Law: A Model And A Search For Empirical Indicators, John King Gamble, Charlotte Ku, Chris Strayer

Faculty Scholarship

This Article is the result of the authors' application of an explicit model of the evolving international legal situation and an empirical test using multilateral treaties. The authors examine all the multilateral treaties signed over the last 350 years, about 6000 treaties, and discuss the "humanization" of international law.

Tempest In A Teapot Or Tidal Wave - Cybersquatting Rights And Remedies Run Amok, H. Brian Holland

Faculty Scholarship

The conflict at the heart of cybersquatting is in many ways conceptual. To most of its early inhabitants, the Internet embodied a separate and distinct environment --a territory unto itself. As such, it was thought the online world would stand separate from existing governmental power structures premised on the idea of territorial sovereignty. This separateness placed online actors theoretically beyond the authority of established legal systems, whose validity appeared limited by territorial boundaries and the sovereign-subject relationships occurring in the off-line world. Indeed, what many envisioned was an opportunity to create a self-regulating community existing within the "territory" of the …

Property As Entrance, Eduardo M. Peñalver

Cornell Law Faculty Publications

The Immorality Of Textualism, Andrei Marmor

Cornell Law Faculty Publications

No abstract provided.

Share Price As A Poor Criterion For Good Corporate Law, Lynn A. Stout

Cornell Law Faculty Publications

Academics, reformers, and business leaders all yearn for a single, objective, easy-to-read measure of corporate performance that can be used to judge the quality of public corporation law and practice. This collective desire is so powerful that it has led many commentators to grab onto the first marginally plausible candidate: share price.

Contemporary economic and corporate theory, as well as recent business history, nevertheless warn us against unthinking acceptance of share price as a measure of corporate performance. This Essay offers a brief reminder of some of the many reasons why stock prices often fail to reflect true corporate performance, …

Lifting Our Veil Of Ignorance: Culture, Constitutionalism, And Women's Human Rights In Post-September 11 America, Catherine Powell

Georgetown Law Faculty Publications and Other Works

While we live in an Age of Rights, culture continues to be a major challenge to the human rights project. During the drafting of the Universal Declaration of Human Rights (UDHR) in the 1940s and during the Cold War era, the periodic disputes that erupted over civil and political rights in contrast to economic, social and cultural rights could be read either explicitly or implicitly as a cultural debate.

Gender has figured prominently in this perceived culture clash, for example, with the Bush administration's use of Afghan women as cultural icons in need of liberation--a claim that helped justify the …

The Return Of The Ring: Welfare Reform’S Marriage Cure As The Revival Of Post-Bellum Control, Angela Onwuachi-Willig

Faculty Scholarship

In 1996, the United States Congress began its imposition of a marital solution to poverty when it enacted the Personal Responsibility and Work Opportunity Reconciliation Act ("PRWORA"). Nearly ten years later, Congress has strengthened its commitment to marriage as a cure for welfare dependency with proposals such as the Personal Responsibility, Work, and Family Promotion Act of 2005. If passed, this bill would provide 1.5 billion dollars for pro-marriage programs and require each state to explain how its welfare program will encourage marriage for single mothers who receive public aid. With these proposals, Congress has continued to construct poverty as …