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Full-Text Articles in Law
Introduction: Perceived Legitimacy And The State Judiciary, G. Alexander Nunn
Introduction: Perceived Legitimacy And The State Judiciary, G. Alexander Nunn
Vanderbilt Law Review
By and large, judicial authority is a product of perceived validity. Judges lack an independent means of enforcement; they wield "no influence over either the sword or the purse," "neither force nor will." Rather, the judicial branch operates under the auspices of its legitimacy, "a product of substance and perception that shows itself in the people's acceptance of the Judiciary as fit to determine what the Nation's law means and to declare what it demands." When the public sees the judiciary as legitimate, it accepts and adheres to its rulings even when it may perceive certain decisions to be ideologically …
Improving Access To Justice In State Courts With Platform Technology, J.J. Prescott
Improving Access To Justice In State Courts With Platform Technology, J.J. Prescott
Vanderbilt Law Review
Access to justice often equates to access to state courts, and for millions of Americans, using state courts to resolve their disputes-often with the government-is a real challenge. Reforms are regularly proposed in the hopes of improving the situation (e.g., better legal aid), but until recently a significant part of the problem has been structural. Using state courts today for all but the simplest of legal transactions entails at the very least traveling to a courthouse and meeting with a decision maker in person and in a one-on-one setting. Even minimally effective access, therefore, requires time, transportation, and very often …
Contingent Fee Litigation In New York City, Eric Helland, Daniel Klerman, Brendan Dowling, Alexander Kappner
Contingent Fee Litigation In New York City, Eric Helland, Daniel Klerman, Brendan Dowling, Alexander Kappner
Vanderbilt Law Review
Since 1957, New York courts have required contingent fee lawyers to file "closing statements" that disclose settlement amounts, lawyers' fees, an accounting of expenses, and other information. This Article provides a preliminary analysis of these data for the period 2004- 2013. Among this Article's findings are that settlement rates in New York state courts are very high (84%) relative to previous studies; that very few cases are resolved by dispositive motions; that litigated cases and settled cases have almost exactly the same average recovery; that median litigation expenses, other than attorney's fees, are 3% of gross recovery; that claims are …
Fairness, Legitimacy, And Selection Decisions In International Criminal Law, Jonathan Hafetz
Fairness, Legitimacy, And Selection Decisions In International Criminal Law, Jonathan Hafetz
Vanderbilt Journal of Transnational Law
The selection of situations and cases remains one of the most vexing challenges facing the International Criminal Court (ICC) and other international criminal tribunals. Since Nuremberg, international criminal law (ICL) has experienced significant progress in developing procedural safeguards designed to protect the fair trial rights of the accused. But it continues to lag in the fairness of its selection decisions as measured against the norm of equal application of law, whether in the disproportionate focus on certain regions (as with the ICC's focus on Africa), the application of criminal responsibility only to one side of a conflict, or the continued …