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Articles 1 - 12 of 12
Full-Text Articles in Law
Accessing Justice With Zoom: Experiences And Outcomes In Online Civil Courts, Victor D. Quintanilla, Kurt Hugenberg, Ryan Hutchings, Nedim Yel
Accessing Justice With Zoom: Experiences And Outcomes In Online Civil Courts, Victor D. Quintanilla, Kurt Hugenberg, Ryan Hutchings, Nedim Yel
Articles by Maurer Faculty
The global COVID-19 pandemic brought significant change to our civil justice system, particularly in the rapid shift from in-person to remote court proceedings. Courts across the country, facing the unprecedented challenge of a global health emergency, embraced rapid innovation and the adoption of remote proceeding platforms, such as Zoom and Webex. State courts did so across case types, including within high-volume civil dockets containing evictions, debt collections, small claims, and family law cases, where millions of self-represented and unrepresented litigants encounter the U.S. civil justice system each year. Amid the pandemic, voices converged to encourage these justice innovations, including the …
Changed Science Writs And State Habeas Relief, Valena Beety
Changed Science Writs And State Habeas Relief, Valena Beety
Articles by Maurer Faculty
For decades now, the 1996 federal Antiterrorism and Effective Death Penalty Act (AEDPA) has limited the scope and influence of federal courts in post-conviction case review, forcing convicted individuals to rely instead on state habeas proceedings for conviction relief. Due in large part to the 2009 National Academy of Sciences Report, petitions for conviction relief increasingly include challenges to the government’s scientific evidence at trial. These petitions analyze that evidence by comparing the trial evidence to the advancement of scientific findings and scientific knowledge in the years since the trial. State habeas petitions thus provide an avenue for relief from …
Unequal Opportunities: Education Pathways To The U.S. Judiciary, Alfred C. Aman
Unequal Opportunities: Education Pathways To The U.S. Judiciary, Alfred C. Aman
Articles by Maurer Faculty
This paper is about diversity in federal and state courts in the United States. My main argument is that we should promote a judiciary that is reflective of the society of which it is a part for three reasons: first, because in doing so, we gain critical awareness of barriers to judicial service; second, because in doing so, we are also promoting access to resources, education and opportunities in the legal profession; and third, because it is possible (although not automatic) that a reflective judiciary will broaden the range of experience and perspective on the matters involved in the cases …
Commonality And The Constitution: A Framework For Federal And State Court Class Actions, Joseph A. Seiner
Commonality And The Constitution: A Framework For Federal And State Court Class Actions, Joseph A. Seiner
Indiana Law Journal
In Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), the Supreme Court concluded that the allegations of pay discrimination in a case brought by over one million female employees lacked sufficient commonality to warrant class certification under Federal Rule of Civil Procedure 23(a). Though the case was expressly decided under the Federal Rules, some well-known employer groups have begun to advance the argument that Wal-Mart was decided on constitutional grounds. These advocates maintain that the Supreme Court’s decision creates a commonality standard for all class-action plaintiffs—regardless of whether those litigants bring their claims in federal or state court. …
Big Fish, Small Ponds: International Crimes In National Courts, Elizabeth B. Ludwin King
Big Fish, Small Ponds: International Crimes In National Courts, Elizabeth B. Ludwin King
Indiana Law Journal
The principle of complementarity in the Rome Statute of the International Criminal Court anticipates that perpetrators of genocide, war crimes, and crimes against humanity will be tried in domestic courts unless there is no state with jurisdiction willing or able to do so. This Article examines the situation where a state might be willing to engage in meaningful local justice but temporarily lacks the capability to do so due to the effects of the conflict. It argues that where the state submits a detailed proposal to the International Criminal Court (ICC) outlining the steps necessary to gain or regain the …
State Court Protection Of Reproductive Rights: The Past, The Perils, And The Promise, Dawn E. Johnsen
State Court Protection Of Reproductive Rights: The Past, The Perils, And The Promise, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
The Politics Of Crime And The Threat To Judicial Independence, Jeannine Bell
The Politics Of Crime And The Threat To Judicial Independence, Jeannine Bell
Articles by Maurer Faculty
No abstract provided.
Interstate Dialogue In State Constitutional Law, Patrick L. Baude
Interstate Dialogue In State Constitutional Law, Patrick L. Baude
Articles by Maurer Faculty
No abstract provided.
Statutory Interpretation In State Courts -- A Study Of Indiana Opinions, William D. Popkin
Statutory Interpretation In State Courts -- A Study Of Indiana Opinions, William D. Popkin
Articles by Maurer Faculty
No abstract provided.
Are State Courts Enforcing The Fourth Amendment? A Preliminary Study, Craig M. Bradley
Are State Courts Enforcing The Fourth Amendment? A Preliminary Study, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Federal Jurisdiction In Diversity And Related Cases, Wencelas J. Wagner
Federal Jurisdiction In Diversity And Related Cases, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
State Constitutions, State Courts And First Amendment Freedoms, Monrad G. Paulsen
State Constitutions, State Courts And First Amendment Freedoms, Monrad G. Paulsen
Articles by Maurer Faculty
No abstract provided.