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Full-Text Articles in Law
The New Laboratories Of Democracy, Gerald S. Dickinson
The New Laboratories Of Democracy, Gerald S. Dickinson
Articles
Nearly a century ago, Justice Louis D. Brandeis’s dissent in New State Ice Co. v. Liebman coined one of the most profound statements in American law: “It is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.” Justice Brandeis reminded us of our strong tradition of federalism, where the states, exercising their sovereign power, may choose to experiment with new legislation within their separate jurisdictions without the concern that such …
Think State Supreme Courts Will Save Abortion Rights? Think Again., Neal Devins
Think State Supreme Courts Will Save Abortion Rights? Think Again., Neal Devins
Popular Media
No abstract provided.
Kangaroo Courts, Shaun Ossei-Owusu
Kangaroo Courts, Shaun Ossei-Owusu
All Faculty Scholarship
Kangaroo courts are seemingly everywhere and nowhere. Legal actors often use this term to describe substandard and defective tribunals across various areas of American law. Yet there are few scholarly treatments of this evocative term. Without embracing this specific description, Professor Alexandra Natapoff’s Criminal Municipal Courts provides vivid insights into a rarely explored world of administration that has many of the trappings of kangaroo courts. Natapoff catalogs how municipal courts — also referred to as “town,” “summary,” “justice,” “mayor,” and “police” courts — are sometimes replete with conflicts of interests, shockingly staffed with nonlawyer judges, and often flouting standard criminal …
State Constitutionalism In The Age Of Party Polarization, Neal Devins
State Constitutionalism In The Age Of Party Polarization, Neal Devins
Faculty Publications
No abstract provided.
Sg's Brief In Lucia Could Portend The End Of The Alj Program As We Have Known It, Jeffrey Lubbers
Sg's Brief In Lucia Could Portend The End Of The Alj Program As We Have Known It, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Keys To The Kingdom: Judges, Pre-Hearing Procedure, And Access To Justice, Colleen F. Shanahan
The Keys To The Kingdom: Judges, Pre-Hearing Procedure, And Access To Justice, Colleen F. Shanahan
Faculty Scholarship
Judges see themselves as – and many reforming voices urge them to be – facilitators of access to justice for pro se parties in our state civil and administrative courts. Judges’ roles in pro se access to justice are inextricably linked with procedures and substantive law, yet our understanding of this relationship is limited. Do we change the rules, judicial behavior, or both to help self-represented parties? We have begun to examine this nuanced question in the courtroom, but we have not examined it in a potentially more promising context: pre-hearing motions made outside the courtroom. Outside the courtroom, judges …
Newsroom: Governor Raimondo On Rwu Law 09-19-2017, Roger Williams University School Of Law
Newsroom: Governor Raimondo On Rwu Law 09-19-2017, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Acus 2.0 And Its Historical Antecedents, Jeffrey Lubbers
Acus 2.0 And Its Historical Antecedents, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Demographic Diversity Of State Courts, 2009, Sylvia R. Lazos
Demographic Diversity Of State Courts, 2009, Sylvia R. Lazos
Boyd Briefs / Road Scholars
No abstract provided.
'The Law Of The Circuit' Revisited: What Role For Majority Rule?, Arthur D. Hellman
'The Law Of The Circuit' Revisited: What Role For Majority Rule?, Arthur D. Hellman
Articles
In April 2017, the Fourth Circuit Court of Appeals announced that the full 15-judge court would convene to hear the challenge to President Trump’s executive order “to protect the Nation from terrorist activities by foreign nationals admitted to the United States.” This was a significant departure from the usual practice in the federal courts of appeals. Initial en banc hearing is extremely unusual, and rehearing en banc after a panel decision is almost as rare.
Ordinarily, two features define the ordinary course of adjudication in the federal courts of appeals. First, cases are heard and decided by panels of three …
Pro Se Defendants And The Appointment Of Advisory Counsel, H. Patrick Furman
Pro Se Defendants And The Appointment Of Advisory Counsel, H. Patrick Furman
Publications
This article provides an overview of advisory counsel used to assist pro se criminal defendants, including the appointment and duties of advisory counsel, ethical obligations, and considerations for trial judges and prosecutors.
Rehnquist And Federalism: An Empirical Perspective, Ruth Colker, Kevin Scott
Rehnquist And Federalism: An Empirical Perspective, Ruth Colker, Kevin Scott
The Ohio State University Moritz College of Law Working Paper Series
We attempt to articulate a vision of federalism, particularly the Rehnquist version of federalism. We find that there is little consistent thought on the role of the judiciary in protecting federalism. This lack of consensus makes it difficult to predict the decisions federalists might make, but we attempt to outline Chief Justice Rehnquist's contributions to understanding the role courts should play in protecting federalism. We then attempt to assess if Rehnquist adheres to his own vision of federalism. Using his votes since his elevation to Chief Justice in 1986, we test several hypotheses designed to determine if Chief Justice Rehnquist …
Brief Amicus Curiae Of The Idaho Conservation League And The Louisiana Environmental Action Network In Support Of Neither Side, Republican Party Of Minnesota V. Kelly, No. 01-521 (U.S. Jan. 17, 2002), John D. Echeverria
U.S. Supreme Court Briefs
No abstract provided.
Playing Defense, Robert F. Nagel
Playing Defense, Robert F. Nagel
Publications
Noting that the Romer opinion condemns the motives behind Amendment 2 without pausing even briefly to examine the social context in which it was enacted, Professor Nagel describes the decision as a model of the intolerant impulse in action. He traces this impulse to the Justices' unwillingness to examine their own role--and that of the rest of the constitutional law establishment--in creating the underlying conditions that produced Amendment 2.
In order to identify those conditions, Professor Nagel analyzes the primary document used by Colorado for Family Values during its campaign on behalf of the initiative. He argues that this document …
Some Worries About Sentencing Guidelines, William T. Pizzi
Some Worries About Sentencing Guidelines, William T. Pizzi
Publications
No abstract provided.
Name-Calling And The Clear Error Rule, Robert F. Nagel
Name-Calling And The Clear Error Rule, Robert F. Nagel
Publications
No abstract provided.
Arizona's Inferior Courts, Harold H. Bruff
Arizona's Inferior Courts, Harold H. Bruff
Publications
For many citizens Arizona's inferior courts provide their primary, perhaps only, contact with the state's justice system. This Article--based in large part upon a thorough empirical and personal study of these lower courts--discusses the role that the courts play, the procedures that they observe, the qualifications of the personnel they employ, and the sufficiency of the justice they render. These findings are then evaluated, and recommendations for change are made.