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Court Review: Volume 41, Issue 3-4 - The Resource Page: Focus On Judicial Campaign-Conduct Rules Oct 2007

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 ...


Court Review: Volume 43, Issue 1 - The Resource Page Jun 2007

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 - Editor's Note Jun 2007

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.


Recent Criminal Decisions Of The United States Supreme Court: The 2005-2006 Term, Charles Whitebread Jun 2007

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 ...


Grounding Frequent Filers: The Trend Of Revoking The Special Status Of Overly Litigious Pro Se Litigants, Michael G. Langan Jun 2007

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.


Court Review: Volume 43, Issue 1 - Complete Issue Jun 2007

Court Review: Volume 43, Issue 1 - Complete Issue

Court Review: The Journal of the American Judges Association

No abstract provided.


Court Review: Volume 43, Issue 1 - Cover Jun 2007

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 Jun 2007

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 Jun 2007

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?


Evaluating Court Processes For Determining Indigency, Elizabeth Neeley, Alan J. Tomkins Jun 2007

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 ...


The Nebraska Transcript 40:1, Spring 2007 Apr 2007

The Nebraska Transcript 40:1, Spring 2007

The 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 To Shut Down Sex ...


Guide For Foster Parents And Relative Caregivers: Understanding The Nebraska Juvenile Court, Jennifer Conner Jan 2007

Guide For Foster Parents And Relative Caregivers: Understanding The Nebraska Juvenile Court, Jennifer Conner

Publications of the Center on Children, Families, and the Law (and related organizations)

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


Nebraska Revised Statutes: Selected Provisions Pertaining To Child Welfare And Juvenile Justice, 2007 Edition Jan 2007

Nebraska Revised Statutes: Selected Provisions Pertaining To Child Welfare And Juvenile Justice, 2007 Edition

Publications of the Center on Children, Families, and the Law (and related organizations)

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 ...


Nebraska Probation Revocation - A Primer (2007 Revision), Alan G. Gless Jan 2007

Nebraska Probation Revocation - A Primer (2007 Revision), Alan G. Gless

State of Nebraska Judicial Branch

The law of probation revocation developed rapidly over the eighteen years preceding this article’s 1989 appearance. While its development has slowed substantially since then, it continues to evolve. The overall field of Nebraska probation revocation remains essentially unchanged from the way it was in 1989 when this article first appeared. The case law has neither burgeoned dramatically nor altered the scenery in major ways, although, it has added a few refinements. But important procedural and substantive wrinkles have appeared through 2003 statutory amendments to the steps probation officers must take in responding to probationers’ violations of the conditions of ...


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 Jan 2007

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 ...


Guide For Parents: Walking Your Way Through The Nebraska Juvenile Court Child Protection Process, Jennifer Conner Jan 2007

Guide For Parents: Walking Your Way Through The Nebraska Juvenile Court Child Protection Process, Jennifer Conner

Publications of the Center on Children, Families, and the Law (and related organizations)

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 Jan 2007

Mental And Physical Conditions Encountered In Child Protection And Juvenile Justice, 2007 Edition, Gregg Wright, Victoria Weisz, Christine Wiklund

Publications of the Center on Children, Families, and the Law (and related organizations)

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.


Court Review: Volume 44, Issue 1/2 – Children And Procedural Justice, Victoria Weisz, Twila Wingrove, April Faith-Slaker Jan 2007

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 ...


Court Review: Volume 44, Issue 1/2 – Procedural Justice And The Courts, Tom R. Tyler Jan 2007

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 – Decision Makers And Decision Recipients: Understanding Disparities In The Meaning Of Fairness, Diane Sivasubramaniam, Larry Heuer Jan 2007

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 ...


Court Review: Volume 44, Issue 1/2 – Procedural Fairness In The California Courts, Douglas Denton Jan 2007

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 – Cover Jan 2007

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 – Complete Issue Jan 2007

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 – Breaking News: Miller Is Distinguishable From Branzburg, Levon Schlichter Jan 2007

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 Review: Volume 43, Issue 4 – President’S Column, Eileen Olds Jan 2007

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 ...


Court Review: Volume 44, Issue 4 – Cover Jan 2007

Court Review: Volume 44, Issue 4 – Cover

Court Review: The Journal of the American Judges Association

No abstract provided.


Court Review: Volume 44, Issue 4 – Punitive Damages After Philip Morris Usa V. Williams, Benjamin C. Zipursky Jan 2007

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 ...


Court Review: Volume 44, Issue 4 – President’S Column, Tam Schumann Jan 2007

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 3 – Table Of Contents Jan 2007

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 – Editor’S Note, Steve Leben Jan 2007

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.