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Court Review: Volume 40, Issue 3-4 - How Useful Is The New Aggressive Driving Legislation?, Victor E. Flango, Ann L. Keith

Court Review: The Journal of the American Judges Association

Aggressive driving usually refers to a disregard for others on the road and is distinguished from the more extreme “road rage,” which involves violent, criminal acts. Nevertheless, with an 1,800 reported incidents of violent road behavior involving the use of an automobile in the United States in 1996, it is a national problem requiring attention. Aggressive driving is responsible for more than 27,000 fatalities per year as well as over 3,000,000 injuries, costing over $150 billion dollars.

A survey of 6,000 drivers by the National Highway Traffic Safety Administration (NHTSA) found that 60% of the drivers interviewed believed that unsafe …

Court Review: Volume 40, Issue 3-4 - Cover

Court Review: The Journal of the American Judges Association

No abstract provided.

Court Review: Volume 40, Issue 3-4 - Table Of Contents

Court Review: The Journal of the American Judges Association

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Court Review: Volume 40, Issue 3-4 - Court Gazing: Features Of Diversity In The U.S. Supreme Court Building, Hongxia Liu

Court Review: The Journal of the American Judges Association

“Diversity is its strength, just as it is the strength of America itself,” wrote Justice Sandra Day O’Connor about the United States Supreme Court.1 The Court’s strength of diversity is manifested in various ways. To its thousands of visitors, the Supreme Court Building itself is perhaps the first and foremost exhibition of that strength of diversity.

In the nation’s highest court, high above the bench, are the figures of 18 historical lawgivers depicted in marble friezes. These 18 lawgivers are of different races and ethnicities, from Hammurabi to Moses to Confucius to John Marshall. They stand parallel, representing diverse legal …

Court Review: Volume 40, Issue 3-4 - Smarter Sentencing: On The Need To Consider Crime Reduction As A Goal, Michael Marcus

Court Review: The Journal of the American Judges Association

In February, 2004, Oregon Governor Ted Kulongoski directed a newly created “Public Safety Review Steering Committee” to “look at our public safety system from beginning to end” and to develop “strategies to make the system stronger” wherever it does not sufficiently protect Oregonians. In common with many states, Oregon long ago adopted a modification of the penal code to declare crime reduction among the purposes of sentencing. And in common with many states, Oregon has adopted a sentencing guidelines model that roughly directs sentencing to reflect crime seriousness, criminal history, and prison resources—largely or entirely ignoring crime reduction. Apparently in …

Court Review: Volume 40, Issue 3-4 - Racial And Ethnic Bias In The Courts: Impressions From Public Hearings, Elizabeth Neeley

Court Review: The Journal of the American Judges Association

Attitudes toward the courts can affect the way individuals perceive their role in the justice system: their willingness to comply with laws, report crimes, file legal suits, serve as jurors, and so on. In short, a positive public perception of the courts is “critical to the maintenance and operation of the judicial system.” Given the import of these perceptions, a substantial body of research has examined the factors that explain differing levels of support for the court system. Although many of these studies examine national samples or examine attitudes toward the U.S. Supreme Court, it is beyond the scope of …

Court Review: Volume 40, Issue 3-4 - Complete Issue

Court Review: The Journal of the American Judges Association

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Court Review: Volume 40, Issue 3-4 - Editor's Note

Court Review: The Journal of the American Judges Association

With this double issue—and coming issues on jury reform and judicial independence in the trial court—we will be back on schedule by the time of the American Judges Association’s annual conference in October in San Francisco. I have appreciated your patience as our publication schedule has lagged behind the calendar; I have also appreciated the many kind comments we’ve received regarding the quality of the articles you have received.

Court Review: Volume 40, Issue 3-4 - President’S Column, Michael R. Mcadam

Court Review: The Journal of the American Judges Association

I have just returned from the annual meeting of the Canadian Association of Provincial Court Judges (CAPCJ) in Whitehorse, Yukon Territory. I must first tell you what a wonderful group of judges I met in Canada. I made many new friends and was treated as an old friend. I later realized that this treatment was not due to my overwhelming personality but to the fact that the AJA is respected by Canadian judges and has a great reputation in Canada. Thus the AJA president is treated as a friend.

Court Review: Volume 40, Issue 3-4 - The Resource Page

Court Review: The Journal of the American Judges Association

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Court Review: Volume 40, Issue 3-4 - Problem-Solving Supervision: Specialty Probation For Individuals With Mental Illnesses, John Petrila, Jennifer L. Skeem

Court Review: The Journal of the American Judges Association

One of the most important developments in American law over the last decade has been the exponential growth of problem-solving courts. Such courts achieve efficiencies by consolidating certain types of cases before specially designated judges. Additionally, in many instances, problem-solving courts adopt a therapeutic focus by attempting to achieve outcomes (e.g., obtaining treatment for a defendant) that go beyond the traditional goals of the judicial system. A recent commentary in this journal noted that “problem-solving courts generally focus on the underlying chronic behaviors of criminal defendants.” These courts include, but are not limited to drug courts, mental health courts, domestic …

The Nebraska Transcript, Winter 2004 Vol. 37 No. 1

Nebraska Transcript

3 Law College Celebrates Newly Remodeled Building

5 Governors Room Dedication Honors

5 Remarkable Alums

7 New Library Seminar Room Honors Alum Bar Presidents 8 Graduation 2003

10 Class of 2003

12 Honor Class Reunion

14 Family Traditions Ceremony

16 Former President of CBS Leaves Law College $3.4 Million

17 Eye-Opening Panel Discussion Honors Black History Month

19 Pre-Law Summer Institute Introduces Students to the Law

25 Remembering Henry Grether

27 Remembering Norm Thorson

32 Alumni Council Awards Honor Distinguished Achievements

The Nebraska Transcript 38:1, Fall/Winter 2004-05

Nebraska Transcript

U.S. Champs: Law College's Client Counseling Team of Kevin Corlew and Adam

Pavelka Compete in International Competition in Scotland

Upset Victory: 'Cinderella' Moot Court Team Looks Back Fondly at Law College's 1953 National Championship

Schmoker Courtyard Dedicated with Jazz, Flowers, Festivities

Students Begin Legal Careers With Professionalism Orientation

College of Law Hosts Conference On Water Law, Policy & Science

Which Way to True Justice? Appropriate Dispute Resolution & 'Adversarial Legalism'

Supreme Court Correspondent Explains Its 'Monumental Shift'

Graduation Honors

Graduation 2004

Family Tradition Ceremony

U.S. Supreme Court Cites Kirst In Confrontation Clause Case

Journey from Public Defender to Law Librarian …

Court Review: Volume 41, Issue 2 - Table Of Contents

Court Review: The Journal of the American Judges Association

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Court Review: Volume 41, Issue 2 - Letters

Court Review: The Journal of the American Judges Association

A Judiciary as Good as Its Promise

The Unchanging Role of the Judge

Court Review: Volume 41, Issue 2 - Cover

Court Review: The Journal of the American Judges Association

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Court Review: Volume 41, Issue 2 - Complete Issue

Court Review: The Journal of the American Judges Association

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Court Review: Volume 41, Issue 2 - A Judiciary That Is As Good As Its Promise: The Best Strategy For Preserving Judicial Independence, Kevin S. Burke

Court Review: The Journal of the American Judges Association

Nearly 100 years ago, Roscoe Pound gave his famous speech entitled “The Causes of Popular Dissatisfaction with the Administration of Justice.” Pound spoke of three things that contributed to the dissatisfaction he perceived during his time: first, a belief by the people that the administration of justice is easy; second, the historical tension between the branches of government; and, finally, what he described as the sporting theory of justice. While Pound’s focus was on why the public was dissatisfied, it is axiomatic that the causes of the popular dissatisfaction with the administration of justice are the fuel for present threats …

Court Review: Volume 41, Issue 2 - Speak To Values: How To Promote The Courts And Blunt Attacks On Judiciary, John Russonello

Court Review: The Journal of the American Judges Association

This article will outline a number of ideas for communications that could help to promote stronger public support for the courts when they do come under attack. The ideas take into consideration the desires, motivations, and values of the American public that have been learned from years of conducting national and statewide public opinion research on the judicial system for clients such as the ACLU, Justice at Stake Project, the Youth Law Center, and the Open Society Institute, among others. Here are some of the observations on American public opinion that lead to suggestions for court advocates.

Court Review: Volume 41, Issue 2 - Judicial Independence In The Municipal Court: Preliminary Observations From Missouri, Lawrence G. Myers

Court Review: The Journal of the American Judges Association

Preliminary results from a recent survey of the municipal courts in Missouri show significant structural and attitudinal barriers to judicial independence. The results are preliminary in light of the deadline for this issue: only a relatively short time was available to analyze the responses before submitting this article. Even the early returns suggest real problems, however.

Court Review: Volume 41, Issue 2 - The Challenge Of Funding State Courts In Tough Fiscal Times, Michael L. Buenger

Court Review: The Journal of the American Judges Association

It has been described as the worst state fiscal crisis since the end of World War II, with officials from across the country likening it to a “perfect storm,” “the Incredible Hulk of budget deficits,” and a “problem of historic proportions.” Beginning in 2001, almost every state experienced a deep fiscal crisis that placed funding of critical services in jeopardy and rendered many previously hallowed programs subject to draconian cuts, if not outright elimination. The fiscal crisis was particularly traumatic for court systems receiving all or a significant portion of their funding directly from state governments.

In response to the …

Court Review: Volume 41, Issue 2 - The Tyranny Of The “Or” Is The Threat To Judicial Independence, Not Problem-Solving Courts, Kevin S. Burke

Court Review: The Journal of the American Judges Association

If one values freedom, tolerance, and civil liberties, we live at a time when our planet is a dangerous place. Even if one accepts the notion that mankind is composed of decent and good human beings, not all societies place a premium on the values of freedom, tolerance, and civil liberties for all. While there are many factors that promote justice, judicial independence is the cornerstone to freedom and liberty. Now more than at other times in history, a strong, effective, and independent judiciary is imperative. Now more than ever, judges need to realize that maintaining an impartial independent judiciary …

Court Review: Volume 41, Issue 2 - Some Thoughts On The Problems Of Judicial Elections, Jeffrey Rosinek

Court Review: The Journal of the American Judges Association

Election season is within sight again, and with it come the obligatory attacks on the judiciary. Some call it simply campaigning or electioneering, while others believe it is more serious and a form of “judge bashing.” Whatever name the problems are given, the entire election process may have a marked effect on the independence of our judiciary, as well as the ethics of judges and judicial candidates. And in the end, because these problems affect the public’s faith in the judicial system, they must be addressed.

Court Review: Volume 41, Issue 2 - Resource Materials On Judicial Independence, Roy Schotland

Court Review: The Journal of the American Judges Association

In addition to the articles found in this issue of Court Review, which present the considered views of the authors on various subjects, we also seek to stimulate the thinking of the reader regarding judicial independence. For those attending the annual conference of the American Judges Association this year, this will involve review of the materials in this issue and interchange with authors of the articles and a number of others who have given substantial thought to the topic—as well as interchange with other judges in attendance.

For those whose involvement with the National Forum on Judicial Independence will come …

Court Review: Volume 41, Issue 2 - Editor's Note

Court Review: The Journal of the American Judges Association

This issue is focused on judicial independence. On the next page, Mike McAdam, the president of the American Judges Association, explains how it developed that a National Forum on Judicial Independence would be a part of this year’s AJA annual conference. We’re pleased to present this special issue of Court Review, which is intended to stimulate discussion at the conference and to bring the members who couldn’t attend into the process.

Court Review: Volume 41, Issue 2 - Recent Civil Decisions Of The U.S. Supreme Court: The 2003-2004 Term, Charles H. Whitebread

Court Review: The Journal of the American Judges Association

The civil cases decided by the United States Supreme Court during its last term were headlined by its decisions reasserting the rule of law in the context of detainees in the war on terrorism. In addition, the Court handed down a number of decisions on civil rights, the First Amendment, federalism, presidential power, and civil statutory interpretation. We review those cases here.

Court Review: Volume 41, Issue 2 - The Resource Page

Court Review: The Journal of the American Judges Association

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Court Review: Volume 41, Issue 2 - President’S Column, Michael R. Mcadam

Court Review: The Journal of the American Judges Association

This special edition of Court Review will be devoted to the critical issue of judicial independence. The articles contained here were solicited as part of the National Forum on Judicial Independence, which will take place at the AJA’s 44th annual educational conference in San Francisco. For those attending the conference, these papers will be an integral element of the Forum and will be discussed and debated in San Francisco by the authors and conference attendees. For those who can’t attend the Forum, these articles present excellent analysis by respected judicial professionals about various aspects of the concept of judicial independence.

Court Review: Volume 41, Issue 1 - The Resource Page

Court Review: The Journal of the American Judges Association

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Court Review: Volume 41, Issue 1 - Jury Trial Innovations: Charting A Rising Tide, Gregory A. Mize, Christopher J. Connelly

Court Review: The Journal of the American Judges Association

Recently the United States Supreme Court has instructed us that any contested fact, other than a prior conviction, that increases the penalty for a crime must be determined by a jury. In addition, the highest court for the Commonwealth of Virginia has determined that, in capital cases, a claimed defense of mental retardation raises a jury question. Whether it is a case prompted by these high court rulings, one of the many accounting fraud prosecutions in New York, or scientific evidence presented in a products liability action in the Midwest, the American jury is repeatedly being called upon to make …