Law Commons^™

Aals Federal Courts Section Newsletter, Katherine Mims Crocker, Celestine Richards Mcconville

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No abstract provided.

Aals Federal Courts Section Newsletter, Katherine Mims Crocker, Celestine Mcconville

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No abstract provided.

We Must Restore Americans' Faith In Our Federal Bench, A. Benjamin Spencer

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First, We'll Neuter All The Judges, A. Benjamin Spencer

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Here There Be Dragons: The Likely Interaction Of Judges With The Artificial Intelligence Ecosystem, Fredric I. Lederer

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Court Record In The Age Of Artificial Intelligence, Fredric I. Lederer

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The ‘Ginsburg Rule’ Is Not An Excuse To Avoid Answering The Senate’S Questions, Lori A. Ringhand, Paul M. Collins Jr.

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An op-ed by Lori Ringhand and Paul M. Collins Jr. on Supreme Court nominees' unwillingness to provide answers on cases under the wrongly named "Ginsburg Rule." Nominees since the 1930s have balanced the competing needs of the Senate and the Judiciary by claiming a privilege to not opine on currently contested cases while freely offering their opinion about cases that used to be controversial but are no longer.

Improving Access To Justice Via Technology, Fredric I. Lederer

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Allison Orr Larsen On Intensely Empirical Amicus Briefs And Amicus Opportunism At The Supreme Court, Allison Orr Larsen

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When Is Finality Final? Second Chances At The Supreme Court, Aaron-Andrew P. Bruhl

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Smile For The Camera - The Long Lost Photos Of The Supreme Court At Work—And What They Reveal., Sonja R. West

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In a day when even our cellphones can capture images unobtrusively, why were we forced to stare at pixels on our computer screens or at a static televised image of the Supreme Court’s exterior? In 2012, why is there a wall of separation between the American people and their high court?

For decades, the debate over cameras in the court has gone something like this: the press pleads for permission and the court says no; academics make policy arguments that the court ignores; and Congress threatens to force cameras into the court, but the justices don’t blink. The argument remains …

Legal Scholarship Highlight: Confronting Supreme Court Fact Finding, Allison Orr Larsen

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Split Definitive, Lawrence Baum, Neal Devins

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For the first time in a century, the Supreme Court is divided solely by political party.

Controversial Gvrs And The "Degradation" Of The Gvr, Aaron-Andrew P. Bruhl

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Deciding When To Decide - Appellate Procedure And Legal Change, Aaron-Andrew P. Bruhl

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Wired: What We've Learned About Courtroom Technology, Fredric I. Lederer

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The Legality And Practicality Of Remote Witness Testimony, Fredric Lederer

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Should Brian Nichols Be Tried In A Federal Court?, Ronald Carlson, Donald E. Wilkes

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Although Brian Nichols has been sentenced in state court to a total of 485 years of imprisonment, the question has been raised whether he should subsequently be tried in federal court for the murder of an off-duty U.S. Customs agent. Prof. Carlson argues in the affirmative, while Prof. Wilkes finds the suggestion "stupendously stupid."

Enhancing Courtroom Presentation Through Technology, Fredric I. Lederer

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Courtroom Technology, Fredric I. Lederer, Tom O'Connor, Timothy A. Piganelli

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A Rodent In Robes, Donald E. Wilkes Jr.

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Because of the credible (but ultimately unresolved) sexual harassment charges leveled against him by Anita Hill and others at his confirmation hearings, as well as his creepy-crawly anti-individual rights voting record on the Supreme Court, nearly every time U.S. Supreme Court Justice Clarence Thomas visits a university campus there are protests by faculty and students, and now Michael Adams' decision to invite Thomas to be the commencement speaker at the upcoming UGA graduation ceremony has created a furor. For years, UGA administrators appear to have tolerated sexual harassment on campus, and in recent months there have been startling revelations of …

Gatekeeping After Gilbert: How Lawyers Should Address The Court's New Emphasis, Brian Benner, Ronald L. Carlson

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In the world of modern trials, expert witnesses are the coin of the realm. Lawyers know that most of the time, experts are case-breakers. Their demeanor, knowledge, and presentation ability are key qualities. Accordingly, their persuasive effect on modern lay jurors makes it incumbent on judges to ensure that an expert's opinions are appropriately directed. That means not allowing an economist to testify about the medical dynamics of bone disease, for example.

High-Tech Trial Lawyers And The Court: Responsibilities, Problems, And Opportunities, Fredric I. Lederer

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Foreign Law And The U.S. Constitution, Kenneth Anderson

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The use of foreign law and unratified international treaty law by U.S. courts in U.S. constitutional adjudication has emerged as a major debate among justices of the U.S. Supreme Court, with Justice Anthony Kennedy writing for a majority approving the practice in the March 2005 decision of Roper v. Simmons, and Justices Antonin Scalia and Stephen Breyer undertaking an unusual public discussion of the practice in January 2005 at American University law school. This article examines the arguments made by Justices Kennedy, Scalia, and Breyer for and against the practice, setting them in the broader context of constitutional theory. It …

Courtroom Technology: For Trial Lawyers The Future Is Now, Fredric I. Lederer

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The Courtroom 21 Project: Creating The Courtroom Of The Twenty-First Century, Fredric I. Lederer

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Opening Statement -- Making It Stick, Ronald L. Carlson, Michael S. Carlson

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Every lawyer who sits down to plan her opening remarks for a coming trial has the same question: How far can I go in arguing my case during the opening statement? Can I mention the law? What about drawing a diagram of the accident on a blackboard? Will my opponent be able to stop me from displaying a couple of my dramatic exhibits to the jury?

Making one's theory of the case "stick" from the very start of the trial depends mightly on how far the lawyer can go in opening statement. Where the defense is primarily a legal or …

The Courtroom Technology Wars Are Here!, Fredric I. Lederer

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Outrageous Opponents: How To Stop Them In Closing Argument, Ronald L. Carlson, Michael S. Carlson

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Most attorneys try to sum up their cases in a fashion that comports with accepted law and local practice. All too frequently, however, one has the misfortune of running into Rambo, the over-the-top opponent. Before his peroration is concluded, Rambo has trampled on the law of trial practice by making half a dozen improper arguments. He urges evidence that never came up at trial. He injects hearsay into the proceedings. He adds his own opinions about which witnesses were lying and the legal fault of your client. And, this is just the beginning. Adding insult to injury, the unjust tactics …

Courtroom Technology In The 21st Century, Fredric I. Lederer

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