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Court Review: Volume 44, Issue 3 – Complete Issue
Court Review: Volume 44, Issue 3 – Complete Issue
Court Review: The Journal of the American Judges Association
Table of Contents:
Charles H. Whitebread by Steve Leben
Selected Criminal Law Cases in the Supreme Court’s 2007-2008 Term, and a Look Ahead by Charles D. Weisselberg
When Should Judges Use Alcohol Monitoring as a Sentencing Option in DWI Cases? by Victor E. Flango and Fred Cheesman
Roadside Seizures of Medical Marijuana: Public Safety and Public Policy as Limitations upon Transporting and the Return of Lawfully Seized Medical Marijuana by Cameron Mostaghim
Editor’s Note
President’s Column
The Resource Page
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: The 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 – Cover
Court Review: Volume 44, Issue 4 – Cover
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 44, Issue 1/2 – Table Of Contents
Court Review: Volume 44, Issue 1/2 – Table Of Contents
Court Review: The 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 – The Perceptions Of Self-Represented Tenants In A Community-Based Housing Court, Rashida Abuwala, Donald J. Farole
Court Review: Volume 44, Issue 1/2 – The Perceptions Of Self-Represented Tenants In A Community-Based Housing Court, Rashida Abuwala, Donald J. Farole
Court Review: The Journal of the American Judges Association
This study examines the impact of the Harlem Community Justice Center, a community-based housing court that attempts to achieve speedier and more durable outcomes in landlord-tenant disputes. However, it may be particularly beneficial to pro se litigants (i.e., those who represent themselves without an attorney). In New York City, most landlords are represented, while the vast majority of tenants are not. In fact, one report notes that only 12% of tenants are able to afford counsel while 98% of landlords are represented.
The primary objective of this study was to examine the experiences of pro se tenants whose cases are …
Court Review: Volume 43, Issue 4 – President’S Column, Eileen Olds
Court Review: Volume 43, Issue 4 – President’S Column, Eileen Olds
Court Review: The 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 44, Issue 4 – Resource Page
Court Review: Volume 44, Issue 4 – Resource Page
Court Review: The 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: The 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 1/2 – Procedural Fairness As A Court Reform Agenda, David B. Rottman
Court Review: Volume 44, Issue 1/2 – Procedural Fairness As A Court Reform Agenda, David B. Rottman
Court Review: The 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 – 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: The 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: The 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
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: The 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 – Editor’S Note, Alan J. Tomkins
Court Review: Volume 44, Issue 1/2 – Editor’S Note, Alan J. Tomkins
Court Review: The Journal of the American Judges Association
This special issue of Court Review focuses on procedural justice. Tom Tyler has called procedural justice the most powerful explanatory concept for why people obey rules that restrict their behavior in ways they would otherwise find unacceptable. David Rottman has written “having a sense that court decisions are made through processes that are fair is the strongest predictor by far of whether members of the public approve of or have confidence” in courts. Procedural justice is worthy of a deep look, and this issue of Court Review does precisely that—it presents papers from some of the nation’s leading scholars who …
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: The 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: The 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: The Journal of the American Judges Association
No abstract provided.
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: Volume 44, Issue 1/2 – Fair Procedures, Yes. But We Dare Not Lose Sight Of Fair Outcomes, Brian H. Bornstein, Hannah Dietrich
Court Review: The 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 …
Court Review: Volume 43, Issue 4 – Breaking News: Miller Is Distinguishable From Branzburg, Levon Schlichter
Court Review: Volume 43, Issue 4 – Breaking News: Miller Is Distinguishable From Branzburg, Levon Schlichter
Court Review: The Journal of the American Judges Association
Amidst a fog of political divisiveness, Judith Miller found herself in the untenable situation of having to breach the journalists’ code of ethics, as well as her own personal promise of confidentiality, or go to jail. According to the government, she had obtained illegally disclosed information from a high-ranking member of President George W. Bush’s administration. Eventually, a grand jury issued Miller a subpoena that directed her to breach her promise of confidentiality by revealing the identity of her source. Miller claimed that she had a First Amendment right to withhold her confidential information from the grand jury. The court …
Court Review: Volume 44, Issue 1/2 – Complete Issue
Court Review: Volume 44, Issue 1/2 – Complete Issue
Court Review: The 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 – The Resource Page
Court Review: Volume 43, Issue 4 – The Resource Page
Court Review: The Journal of the American Judges Association
NCSC/NHTSA Website on Handling DWI Cases
www.courtsanddwi.org
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: The 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 – Cover
Court Review: Volume 43, Issue 4 – Cover
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 43, Issue 4 – Complete Issue
Court Review: Volume 43, Issue 4 – Complete Issue
Court Review: The Journal of the American Judges Association
Table of Contents:
A Judges’ Guide to Social Science by John Monahan & Laurens Walker
Mental Illness and the Courts: Some Reflections on Judges as Innovators by John P. Petrila & Allison D. Redlich
Cautions About Applying Neuroscience to Batterer Intervention by Edward Gondolf
Breaking News: Miller is Distinguishable from Branzburg by Levon Q. Schlichter
Editor’s Note
President’s Column
The Resource Page
Court Review: Volume 43, Issue 2 – Appointive Selection Of Judges, Limited-Jurisdiction Courts With Non-Lawyer Judiciaries, And Judicial Independence, Norman L. Greene
Court Review: Volume 43, Issue 2 – Appointive Selection Of Judges, Limited-Jurisdiction Courts With Non-Lawyer Judiciaries, And Judicial Independence, Norman L. Greene
Court Review: The Journal of the American Judges Association
The subject of the selection of state court judges has many aspects, including the choice of the selection system, the design of the selection system, the comparison of alternative modes of selection, and the effect of the system on judicial performance or decision making, including “judicial independence.” This article addresses many of these aspects and takes as its starting point a unique symposium of articles published in a special issue of the Fordham Urban Law Journal in the Spring of 2007, preceded in time by a daylong symposium with the authors held at Fordham Law School on April 7, 2006.1 …
Court Review: Volume 44, Issue 4 – Table Of Contents
Court Review: Volume 44, Issue 4 – Table Of Contents
Court Review: The Journal of the American Judges Association
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 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: The 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 – President’S Column, Tam Schumann
Court Review: Volume 44, Issue 4 – President’S Column, Tam Schumann
Court Review: The Journal of the American Judges Association
As your president, I have attended meetings of the Conference of the Chief Justices and of the National Association for Court Management. The focus of both conferences was the fiscal crisis confronting us. From chief justices to nonjudicial employees, the dominating topic of conversation was how do we survive the harsh reality of our economic times? I thought it would be of interest to share with you information collected by NCSC’s Budget Resource Center as to what some states have done in response.
Court Review: Volume 44, Issue 4 – Cover
Court Review: Volume 44, Issue 4 – Cover
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 44, Issue 3 – Table Of Contents
Court Review: Volume 44, Issue 3 – Table Of Contents
Court Review: The Journal of the American Judges Association
Charles H. Whitebread by Steve Leben
Selected Criminal Law Cases in the Supreme Court’s 2007-2008 Term, and a Look Ahead by Charles D. Weisselberg
When Should Judges Use Alcohol Monitoring as a Sentencing Option in DWI Cases? by Victor E. Flango and Fred Cheesman
Roadside Seizures of Medical Marijuana: Public Safety and Public Policy as Limitations upon Transporting and the Return of Lawfully Seized Medical Marijuana by Cameron Mostaghim
Editor’s Note
President’s Column
The Resource Page
Court Review: Volume 44, Issue 3 – Resource Page
Court Review: Volume 44, Issue 3 – Resource Page
Court Review: The Journal of the American Judges Association
Online