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Articles 1 - 30 of 69
Full-Text Articles in Law
Court Review: Volume 41, Issue 3-4 - The Resource Page: Focus On Judicial Campaign-Conduct Rules
Court Review: Volume 41, Issue 3-4 - The Resource Page: Focus On Judicial Campaign-Conduct Rules
Court Review: The Journal of the American Judges Association
Editor’s Note: There are about 8,500 state general-jurisdiction trial-court judges in the United States; of those, 77% stand for some sort of contestable election and 87% stand for some form of election. There are about 1,250 state appellate judges in the United States; of those, 53% stand for some sort of contestable election and 87% stand for some form of election. (See Court Review, Summer 2004, at 21.) In addition, there are thousands of additional, limited-jurisdiction judges also subject to election. Thus, the rules governing election-campaign conduct by judges are of great significance. In 2002, in Republican Party of Minnesota …
Civil Case Appellate Standards Of Review (And A Very Few Unavoidable Related Propositions Of Law), Updated And Revised (Current Through August 3, 2007), Alan G. Gless
State of Nebraska Judicial Branch
Why would a district court judge write about or revise an appellate court judge’s work on appellate standards of review and related propositions of law in civil cases? Well, two reasons – a change in legal mind set and fifteen years’ worth of changes in appellate practice. First, and foremost, when Judge Irwin collected in a single work his 1992 Standards of Review and Propositions of Law, Civil, he was the first in recent Nebraska legal history to do so. Those of us who have used his work owe him our thanks; his contribution was invaluable to both the bench …
Court Review: Volume 43, Issue 1 - Cover
Court Review: Volume 43, Issue 1 - Cover
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 43, Issue 1 - Table Of Contents
Court Review: Volume 43, Issue 1 - Table Of Contents
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 43, Issue 1 - President's Column, Steve Leben
Court Review: Volume 43, Issue 1 - President's Column, Steve Leben
Court Review: The Journal of the American Judges Association
The American Judges Association is the Voice of the Judiciary.® So says the United States Patent and Trademark Office, which accepted the AJA’s registration of this service mark on the principal register for patents and trademarks on March 27, 2007. This column will seek to answer two questions: What does this mean? And how did it come about?
Court Review: Volume 43, Issue - Editor's Note
Court Review: Volume 43, Issue - Editor's Note
Court Review: The Journal of the American Judges Association
I’m pleased to announce some long-term changes that I believe will greatly improve Court Review. Alan Tomkins, a law and psychology professor with experience in editing a similar journal, has agreed to join me as coeditor. As you’ll see from a greater description of his background, he brings a great number of valuable contacts throughout both the academic world and the judiciary.
Evaluating Court Processes For Determining Indigency, Elizabeth Neeley, Alan J. Tomkins
Evaluating Court Processes For Determining Indigency, Elizabeth Neeley, Alan J. Tomkins
Court Review: The Journal of the American Judges Association
The Sixth Amendment to the Constitution guarantees all people accused of a crime the right to legal counsel. In the landmark 1963 decision Gideon v. Wainright, 1 the United States Supreme Court affirmed the right of indigent defendants to have counsel provided. But Gideon did not end the Supreme Court’s discussion of the circumstances in which the state is required to provide defendants with an attorney when they claim not to have the means to pay for one. 2 Nor did it end the states’ examination of the requirement of any legal assistance paid for by taxpayers. 3 Moreover, …
Grounding Frequent Filers: The Trend Of Revoking The Special Status Of Overly Litigious Pro Se Litigants, Michael G. Langan
Grounding Frequent Filers: The Trend Of Revoking The Special Status Of Overly Litigious Pro Se Litigants, Michael G. Langan
Court Review: The Journal of the American Judges Association
Since the early 1990s, federal courts in the Second and Third Circuits have, with increasing frequency, revoked the special status of pro se civil litigants who have been overly litigious. This article discusses the reasons for this trend’s appearance in the Second and Third Circuits, the rationales for the trend, the fairness of the trend, and some practical advice for courts and practitioners wrestling with the issue of whether or not the special status of a particularly litigious pro se litigant should be revoked.
Recent Criminal Decisions Of The United States Supreme Court: The 2005-2006 Term, Charles Whitebread
Recent Criminal Decisions Of The United States Supreme Court: The 2005-2006 Term, Charles Whitebread
Court Review: The Journal of the American Judges Association
In this term, as in the previous one, the United States Supreme Court reasserted the rule of law in the context of the detainees in the war on terror. At the same time, however, the addition of two new justices shifted the Court’s ideological balance to the right. In terms of criminal cases, the Court handed down a mixed bag of decisions. It was a bad term for Fourth Amendment claimants with the government prevailing in four of five search-and-seizure cases. Outside the context of the Fourth Amendment, however, criminal defendants fared a little better. In this article, I review …
Court Review: Volume 43, Issue 1 - The Resource Page
Court Review: Volume 43, Issue 1 - The Resource Page
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 43, Issue 1 - Complete Issue
Court Review: Volume 43, Issue 1 - Complete Issue
Court Review: The Journal of the American Judges Association
No abstract provided.
The Nebraska Transcript 40:1, Spring 2007
The Nebraska Transcript 40:1, Spring 2007
Nebraska Transcript
Transcript, 'Dean Grether's Child; Designed to Keep Alumni Informed
THE NEBRASKA TRANSCRIPT: Looking Back Over 40 Years of Chronicling Law College's Distinguished History
lL: David Clausing, Class of 2008, Traverses Peaks & Cliffs of Law School's First Year; It's Like 'Juggling Fire'
Justice Ginsburg: 'Independent Judiciary Essential to Rule of Law'
Judge Tacha Reflects on Changes, Challenges Impacting Federal Courts
Pound Lecturer, Waldron, Addresses Trade-Offs Between Liberty, Security
The Great Commoner: Symposium Contemplates Controversial Modern Legacy of Nebraska Lawyer William Jennings Bryan
Congratulations Class of 2006!
Family Tradition Ceremony: Seven Graduates, Family Members Honored
Law Student Mabrey Works in India …
Guide For Foster Parents And Relative Caregivers: Understanding The Nebraska Juvenile Court, Jennifer Conner
Guide For Foster Parents And Relative Caregivers: Understanding The Nebraska Juvenile Court, Jennifer Conner
Center on Children, Families, and the Law (and related organizations): Publications
Table of Contents:
The Basics
Common Questions
Rights
Resources
The Court Process
Detention Hearing
Adjudication Hearing
Disposition Hearing
Review Hearing
Permanency Hearing
Termination of Parental Rights
Who’s Involved
Judge
Caseworker
Guardian Ad Litem (GAL)
County Attorney
Court Appointed Special Advocate (CASA)
Foster Care Review Board
Important Names, Addresses and Phone Numbers
Judge
Caseworker
Child’s CASA Volunteer
Child’s GAL
Court Hearings
Responsibilities
Definitions of Common Terms
Guide For Parents: Walking Your Way Through The Nebraska Juvenile Court Child Protection Process, Jennifer Conner
Guide For Parents: Walking Your Way Through The Nebraska Juvenile Court Child Protection Process, Jennifer Conner
Center on Children, Families, and the Law (and related organizations): Publications
Table of Contents:
The Basics
Common Questions
Rights
Special Concerns for Parents
Services Available to You if Needed
Responsibilities
The Court Process
Detention Hearing
Adjudication Hearing
Disposition Hearing
Review Hearing
Permanency Hearing
Termination of Parental Rights
Who’s Involved
The Judge
Your Attorney
Your Caseworker
Guardian Ad Litem (GAL)
County Attorney
Court Appointed Special Advocate (CASA)
Foster Care Review Board
Important Names, Addresses and Phone Numbers
Your Judge
Your Caseworker
Your Attorney
Your Child’s CASA Volunteer
Your Child’s GAL
Your Service Provider
Your Court Hearings
Definitions of Common Terms
Mental And Physical Conditions Encountered In Child Protection And Juvenile Justice, 2007 Edition, Gregg Wright, Victoria Weisz, Christine Wiklund
Mental And Physical Conditions Encountered In Child Protection And Juvenile Justice, 2007 Edition, Gregg Wright, Victoria Weisz, Christine Wiklund
Center on Children, Families, and the Law (and related organizations): Publications
Any grouping of mental and physical conditions risks overemphasizing or mischaracterizing distinctions between mind and body, between thought and emotion, between environment and heredity, even between causes and symptoms. For convenience, and to reflect common usage, we have chosen to group chapters in this book under five headings: Physical Problems, Cognitive Problems, Emotional and Behavioral Problems, Assessments, and Therapies.
Nebraska Revised Statutes: Selected Provisions Pertaining To Child Welfare And Juvenile Justice, 2007 Edition
Center on Children, Families, and the Law (and related organizations): Publications
Table of Contents:
I. Duty and Power of DHHS Regarding the Protection of Children
II. General Social Services Provisions
III. Family Policy Act
IV. Child Abuse Mandatory Reporting Provisions
V. Central Register of Child Protection Cases and Child Fatality Information
VI. Child Abuse and Neglect Investigation and Treatment Teams
VII. Access to Information and Records
VIII. Nebraska Juvenile Code
IX. Foster Care
X. Nebraska Indian Child Welfare Act
XI. The Interstate Compact on the Placement of Children
XII. The Interstate Compact on Juveniles
XIII. Court Appointed Special Advocate Act
XIV. Juvenile Services Provisions:
A. Office of Juvenile Services [Health and …
Pathways And Turning Points: Child Maltreatment, Adolescent Outcomes, And Delinquency, Ryan Spohn
Pathways And Turning Points: Child Maltreatment, Adolescent Outcomes, And Delinquency, Ryan Spohn
Center on Children, Families, and the Law: Faculty Publications
The National Survey of Child and Adolescent Well-Being is a valuable resource for examining the lives of at-risk youth in a longitudinal fashion. Essentially, I seek to increase our knowledge of “what works?” and “for whom?” I seek to determine if negative pathways of at-risk youth are altered by social factors and professional intervention. This pathway theory is founded on the assumption that individual differences in factors such as cognitive and emotional development lead to trajectories that often lead at-risk youth down paths of negative social and behavioral outcomes. However, I also assume that turning points will be evident in …
Mississippi River Stories: Lessons From A Century Of Unnatural Disasters, Sandi Zellmer, Christine Klein
Mississippi River Stories: Lessons From A Century Of Unnatural Disasters, Sandi Zellmer, Christine Klein
Nebraska College of Law: Faculty Publications
In the wake of Hurricane Katrina, the nation pondered how a relatively weak Category 3 storm could have destroyed an entire region. Few appreciated the extent to which a flawed federal water development policy transformed this apparently natural disaster into a “man-made” disaster; fewer still appreciated how the disaster was the predictable, and indeed predicted, sequel to almost a century of similar disasters. This article focuses upon three such stories: the Great Flood of 1927, the Midwest Flood of 1993, and Hurricanes Katrina and Rita of 2005. Taken together, the stories reveal important lessons, including the inadequacy of engineered flood …
A Tale Of Two Imperiled Rivers: Reflections From A Post-Katrina World, Sandra Zellmer
A Tale Of Two Imperiled Rivers: Reflections From A Post-Katrina World, Sandra Zellmer
Nebraska College of Law: Faculty Publications
Hurricanes are a natural, predictable phenomenon, yet the Gulf Coast communities were devastated by the hurricanes of 2005. One year after Hurricane Katrina struck, the U.S. Army Corps of Engineers responded to a congressional request for an accounting by admitting culpability for the destruction of New Orleans. Its structural defenses failed not because Congress had authorized only moderate Category 3 protection, which in turn let floodwaters overtop the city's levees, but because levees and floodwalls simply collapsed. The so-called network of federal and local structures was a haphazard system in name only, where floodwalls and levees of varying heights utilized …
Court Review: Volume 44, Issue 1/2 – Children And Procedural Justice, Victoria Weisz, Twila Wingrove, April Faith-Slaker
Court Review: Volume 44, Issue 1/2 – Children And Procedural Justice, Victoria Weisz, Twila Wingrove, April Faith-Slaker
Court Review: The Journal of the American Judges Association
The American Judges Association’s White Paper that forms the centerpiece of this issue begins with the recognition that even first graders have an understanding of procedural fairness. Developmental research has indeed established that young children are able to evaluate the fairness of activities and that they have a more positive perception of activities they deem to be more fair. Until recently, however, there has been little concern in the U.S. regarding children’s experiences of legal processes and procedures. In fact, children were not generally expected or encouraged to directly participate in most legal processes, even those where they were a …
Court Review: Volume 44, Issue 4 – Editor’S Note, Steve Leben
Court Review: Volume 44, Issue 4 – Editor’S Note, Steve Leben
Court Review: The Journal of the American Judges Association
One of the great things about editing the journal of the American Judges Association is that you can ask some of the leading experts in various legal fields to write articles for us, and because they will be speaking directly to judges, they usually agree. Our lead article in this issue is a great example.
Court Review: Volume 44, Issue 4 – Complete Issue
Court Review: Volume 44, Issue 4 – Complete Issue
Court Review: The Journal of the American Judges Association
Table of Contents:
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 3 – Editor’S Note, Steve Leben
Court Review: Volume 44, Issue 3 – Editor’S Note, Steve Leben
Court Review: The Journal of the American Judges Association
This issue marks a transition of significance. For much longer than I’ve been editor, Professor Charlie Whitebread wrote an annual review of the past Term of the United States Supreme Court. He died in September, and we are left without his help in keeping up with the latest developments. We are also left without his great friendship, which is noted in a tribute on page 88. Because our readers and members have known Professor Whitebread for so long, we also note at page 128 a full obituary you can find online.
Court Review: Volume 44, Issue 1/2 – Adding Color To The White Paper: Time For A Robust Reciprocal Relationship Between Procedural Justice And Therapeutic Jurisprudence, David B. Wexler
Court Review: The Journal of the American Judges Association
Judges Kevin Burke and Steve Leben, in Procedural Fairness: A Key Ingredient in Public Satisfaction, have produced a most impressive White Paper. It is handy, brief, crisp, readable, and immensely practical.
The document draws on, and makes most accessible, the research on procedural justice, demonstrating convincingly the importance of judges understanding and implementing in their courtrooms concepts such as “voice” and “respect.” Judges Burke and Leben claim procedural justice to be “the” critical element in public trust and confidence regarding the court system. They note, too, the role procedural fairness likely plays in increased compliance with court orders and even …
Court Review: Volume 43, Issue 4 – Editor’S Note, Steve Leben
Court Review: Volume 43, Issue 4 – Editor’S Note, Steve Leben
Court Review: The Journal of the American Judges Association
Divorce cases were part of my docket when I began my judicial career. I was single then and had not had children. I quickly faced lots of situations well beyond my experience: a breast-feeding mother who wanted the father’s visitation limited to four hours in her presence each week, a parent who wanted t o move across the country with the child, or even a dispute about parent-child access in a “typical” divorce. In the absence of expert testimony, could I look anywhere for answers other than court decisions that may—or may not—have been based on sound research?
Court Review: Volume 43, Issue 4 – Mental Illness And The Courts: Some Reflections On Judges As Innovators, John Petrila, Allison Redlich
Court Review: Volume 43, Issue 4 – Mental Illness And The Courts: Some Reflections On Judges As Innovators, John Petrila, Allison Redlich
Court Review: The Journal of the American Judges Association
Issues raised by the influx of defendants with serious mental illnesses are some of the most important that criminal judges confront. Because of the volume of defendants with mental illnesses, the impact goes beyond that of the individual case and extends to jails, police and sheriff departments, the treatment system, and ultimately to the role of the judge. This article suggests some of the ways in which communities have attempted to respond to these issues, and highlights the fact that judges have become significant leaders as well as innovators in such efforts. Not every judge will decide to adopt one …
Court Review: Volume 44, Issue 1/2 – President’S Column, Eileen Olds
Court Review: Volume 44, Issue 1/2 – President’S Column, Eileen Olds
Court Review: The Journal of the American Judges Association
During this year as your AJA president, my appreciation and respect for the role that we play in our courtrooms has amplified. I have been afforded numerous opportunities to speak with other judges and various community and civic groups to gauge their concerns about our judicial system. Members of the judiciary and the community alike share a common concern for what is viewed as increasingly eroding societal values, as evidenced in courtrooms everywhere. Most conversations eventually evolve to discussions about prevention strategies. How did this happen? What needs to be done? I am convinced that, as judges, we must actively …
Court Review: Volume 44, Issue 3 – President’S Column, Tam Schumann
Court Review: Volume 44, Issue 3 – President’S Column, Tam Schumann
Court Review: The Journal of the American Judges Association
In every issue of Court Review, some new members of the American Judges Association are introduced to the AJA through this column. Others turn here for an update. As the AJA’s new president, my first column is a good time to look both backwards at recent activities and forward at the next year’s work.
The AJA today has more than 2,000 members, including judges at all levels of the judiciary—-trial and appellate judges, general-jurisdiction and limited-jurisdiction trial judges, and judges in both the United States and Canada. In fact, we have 150 Canadian members, something that greatly enriches the interchange …
Court Review: Volume 44, Issue 3 – When Should Judges Use Alcohol Monitoring As A Sentencing Option In Dwi Cases?, Victor E. Flango, Fred Cheesman
Court Review: Volume 44, Issue 3 – When Should Judges Use Alcohol Monitoring As A Sentencing Option In Dwi Cases?, Victor E. Flango, Fred Cheesman
Court Review: The Journal of the American Judges Association
Traditional sentencing sanctions have not been particularly effective against people caught driving while impaired (DWI) and less so against repeat offenders. Technology has provided judges with some new sentencing options, including various forms of electronic home monitoring. This article takes an initial step toward evaluating the effectiveness of alcohol monitoring as a sentencing option in DWI cases with the goal of eventually determining which types of offenders, if any, would benefit most from alcohol monitoring. The constant monitoring of alcohol consumption is thought to aid rehabilitation by providing a deterrent to drinking and a positive reinforcement to sobriety. It permits …
Court Review: Volume 44, Issue 3 – In Memory Of Charles H. Whitebread, Steve Leben
Court Review: Volume 44, Issue 3 – In Memory Of Charles H. Whitebread, Steve Leben
Court Review: The Journal of the American Judges Association
On September 16, 2008, the American Judges Association lost its best and most loyal friend. Law professor Charles H. Whitebread died that day of lung cancer at the age of 65.