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Court Review: Volume 39, Issue 3 - Cover
Court Review: Volume 39, Issue 3 - Cover
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 3 - Concluding A Successful Settlement Conference: It Ain’T Over Till It’S Over, Morton Denlow
Court Review: Volume 39, Issue 3 - Concluding A Successful Settlement Conference: It Ain’T Over Till It’S Over, Morton Denlow
Court Review: The Journal of the American Judges Association
Have you ever attended a settlement conference and come away thinking the case was settled, only to later find out that your adversary has a different understanding of the settlement terms than you and your client? This is a frustrating experience, but is completely unnecessary. Careful lawyers and judges prevent such confusion by ironing out the details of a settlement at the time an agreement is reached. Leaving specific settlement terms unresolved to a later date may result in an unenforceable settlement or possible litigation to enforce the settlement. Settlement conferences play an important role in the resolution of litigated …
Court Review: Volume 39, Issue 3 - Table Of Contents
Court Review: Volume 39, Issue 3 - Table Of Contents
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 3 - Trial By Metaphor: Rhetoric, Innovation, And The Juridical Text, Benjamin L. Berger
Court Review: Volume 39, Issue 3 - Trial By Metaphor: Rhetoric, Innovation, And The Juridical Text, Benjamin L. Berger
Court Review: The Journal of the American Judges Association
The judicial decision-making process is not one for which resolution arises from counting, measuring, or weighing. Rather, the courtroom is a field for debate about the interpretation and application of values as embodied in or reflected by the law. Decisions reached in court are judgments and not mathematical conclusions in that the inherently contestable nature of the issues at stake precludes an outcome that is selfevident to all. As such, although there is an element of factfinding that emerges in a judicial opinion, there is also always a subjective valuation of the principles at stake; to draw on Socrates, there …
Court Review: Volume 39, Issue 3 - Editor's Note
Court Review: Volume 39, Issue 3 - Editor's Note
Court Review: The Journal of the American Judges Association
The issue begins with an examination of the development of drug courts, the most highly visible of the many “problem-solving courts” developed in recent years. The first drug court was created little more than a decade ago in 1989; today, there are more than 1,200. No doubt there have been many lessons learned along the way, and we try to find—and explore— those lessons in the lead piece in this issue.
Court Review: Volume 39, Issue 3 - President’S Column, Francis X. Halligan Jr.
Court Review: Volume 39, Issue 3 - President’S Column, Francis X. Halligan Jr.
Court Review: The Journal of the American Judges Association
Since assuming the presidency in Maui last September, I have been invited to attend numerous meetings of other organizations. The AJA reciprocates by inviting the president of these organizations to attend our meetings. This interaction between the AJA and these organizations provides for a closer working relationship between the respective memberships. Listed below are some of the meetings I have attended and a brief description of what occurred at these conferences.
Court Review: Volume 39, Issue 3 - Resource Page
Court Review: Volume 39, Issue 3 - Resource Page
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 3 - Going To Scale: A Conversation About The Future Of Drug Courts, Greg Berman
Court Review: Volume 39, Issue 3 - Going To Scale: A Conversation About The Future Of Drug Courts, Greg Berman
Court Review: The Journal of the American Judges Association
Drug courts are the most prominent example of a wave of “problem-solving” innovation that has sought to change the way courts operate in this country. Alongside drug courts, domestic violence courts, community courts, family treatment courts, mental health courts, and other specialized courts are using the authority of the judicial branch in new ways—in an effort to improve outcomes for victims, communities, and defendants. These problem-solving courts employ new tools and new methods— such as requiring defendants to appear regularly before judges to report on their compliance with court orders, or adding social scientists, drug treatment counselors, and other service …
Court Review: Volume 39, Issue 3 - Merit Selection And Retention: The Great Compromise? Not Necessarily, Victoria Cecil
Court Review: Volume 39, Issue 3 - Merit Selection And Retention: The Great Compromise? Not Necessarily, Victoria Cecil
Court Review: The Journal of the American Judges Association
In the November 2000 election, the citizens of Florida had the opportunity to switch from the nonpartisan elective system to a merit selection and retention system for selecting trial judges in their respective circuits and counties. Although the majority of Florida voters favored electing their trial judges, this issue has spurred intense debate in the legal community concerning which is the better method for judicial selection. The crux of the debate centers on whether the judiciary should be independent or accountable to the public. On one end of the spectrum, judges are seen as heads of a branch of government …
Court Review: Volume 39, Issue 3 - Complete Issue
Court Review: Volume 39, Issue 3 - Complete Issue
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 2 - Table Of Contents
Court Review: Volume 39, Issue 2 - Table Of Contents
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 2 - Complete Issue
Court Review: Volume 39, Issue 2 - Complete Issue
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 2 - Screening For Domestic Violence: Meeting The Challenge Of Identifying Domestic Relations Cases Involving Domestic Violence And Developing Strategies For Those Cases, Julie Kunce Field
Court Review: The Journal of the American Judges Association
Domestic abuse is common. It includes emotional and psychological abuse as well as physical assaults. Children are harmed by it, even if they are not the direct victims of the physical violence. Because domestic abuse is so prevalent and its effects are so far-reaching, court personnel must educate themselves to understand domestic violence and determine strategies for handling cases where it is present. Even if domestic violence is present but does not seem to have a direct impact on the case at hand, one should be aware of the power and control dynamics of domestic abuse to provide effective intervention …
Court Review: Volume 39, Issue 2 - Making A Difference: Tools To Help Judges Support The Healing Of Children Exposed To Domestic Violence, Lavita Nadkarni, Barbara Zeek Shaw
Court Review: Volume 39, Issue 2 - Making A Difference: Tools To Help Judges Support The Healing Of Children Exposed To Domestic Violence, Lavita Nadkarni, Barbara Zeek Shaw
Court Review: The Journal of the American Judges Association
Domestic violence has emerged from the privacy of one’s own home, where only the victims were aware of the abuse, to more public domains, where one can witness the impact of such abuse on society through our court system. Judges, in both the civil and criminal arenas, exercise considerable power in instituting a wide range of possible dispositions in cases involving domestic violence. The Family Violence Prevention Fund’s National Judicial Education Advisory Committee concluded that judges made the most significant decisions affecting the lives of victims, abusers, and their children. Judges can also play a significant role in shaping society’s …
Court Review: Volume 39, Issue 2 - Dealing With Complex Evidence Of Domestic Violence: A Primer For The Civil Bench, Jane H. Aiken, Jane C. Murphy
Court Review: Volume 39, Issue 2 - Dealing With Complex Evidence Of Domestic Violence: A Primer For The Civil Bench, Jane H. Aiken, Jane C. Murphy
Court Review: The Journal of the American Judges Association
New laws and policies aimed at protecting victims of domestic violence have been adopted across the country throughout the last twenty years. The legal approaches taken to protect battered women and control family violence have brought about significant changes in family law. New laws include statutes permitting civil protection or restraining orders, and laws requiring that domestic violence be considered in custody and visitation decisions. Both of these types of statutory reforms can provide protection to adult victims of domestic violence and their children. Evaluating a parent’s fitness by considering past acts of violence to other family members results in …
Court Review: Volume 39, Issue 2 - Firearms And Domestic Violence: A Primer For Judges, Darren Mitchell, Susan B. Carbon
Court Review: Volume 39, Issue 2 - Firearms And Domestic Violence: A Primer For Judges, Darren Mitchell, Susan B. Carbon
Court Review: The Journal of the American Judges Association
Firearms and domestic violence are a deadly combination. As the examples on the following page show, abusers who gain access to firearms pose a lethal threat both to those they have abused and to the wider community. Even where laws exist to disarm abusers and prevent them from purchasing new firearms, absent effective implementation of the laws—by judges, as well as by others in the civil and criminal justice system— survivors of domestic violence and the broader community continue to remain at risk of death or serious injury.
Court Review: Volume 39, Issue 2 - President's Column, Francis X. Halligan Jr.
Court Review: Volume 39, Issue 2 - President's Column, Francis X. Halligan Jr.
Court Review: The Journal of the American Judges Association
I have chosen for my initial column a topic that is of importance to all judges, regardless of jurisdiction or locality, yet is often ignored—courtroom and personal security. Given the domestic violence theme of this issue and the special security concerns involving courtrooms that conduct hearings involving domestic violence and family matters, I thought that this subject matter was most appropriate. I have been interested in courtroom security for many years, due to my law enforcement background, having served as a police officer in Washington, D.C., and in New Jersey. Given the limited space I have for this column, I …
Court Review: Volume 39, Issue 2 - The Parenting Of Men Who Batter, Lundy Bancroft
Court Review: Volume 39, Issue 2 - The Parenting Of Men Who Batter, Lundy Bancroft
Court Review: The Journal of the American Judges Association
The published research on children’s exposure to domestic violence focuses largely on two aspects of their experience: the trauma of witnessing physical assaults against their mother, and the tension produced by living with a high level of conflict between their parents. As important as these factors are, they reflect only one aspect of many complex problems that typically pervade the children’s daily lives. The bulk of these difficulties have their roots in the fact that the children are living with a batterer present in their home. The parenting characteristics commonly observed in batterers have implications for the children’s emotional and …
Court Review: Volume 39, Issue 2 - Editor's Note
Court Review: Volume 39, Issue 2 - Editor's Note
Court Review: The Journal of the American Judges Association
Domestic violence is a subject about which judges need good initial education and continuing refresher courses. Quite simply, there is much about it that is counterintuitive. Why does a woman who is physically and mentally abused day after day, week after week, stay with the abuser? For most of us, the answer is neither self-evident nor a part of our personal life experience. Yet there is a large—and growing—body of good research in the area.
Court Review: Volume 39, Issue 2 - The Resource Page: Focus On Domestic Violence
Court Review: Volume 39, Issue 2 - The Resource Page: Focus On Domestic Violence
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 2 - Cover
Court Review: Volume 39, Issue 2 - Cover
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 1 - A Crack At Federal Drafting, Joseph Kimble
Court Review: Volume 39, Issue 1 - A Crack At Federal Drafting, Joseph Kimble
Court Review: The Journal of the American Judges Association
This will not be the first or last article that criticizes the style of drafting in federal statutes. But it will, I believe, be different in at least one respect: it will scrutinize the style in just one small slice of federal drafting in a way that should edify drafters of any legal document. In fact, this inspection should open the eyes of all legal writers—for I’ll identify some of the persistent, inexcusable failings that pervade all legal writing. I did this kind of thing once before in Court Review, using the final orders from the Clinton impeachment trial. If …
Court Review: Volume 39, Issue 2 - Judicial Candidate Speech After Republican Party Of Minnesota V. White, Jan Witold Baran
Court Review: Volume 39, Issue 2 - Judicial Candidate Speech After Republican Party Of Minnesota V. White, Jan Witold Baran
Court Review: The Journal of the American Judges Association
The people want to elect judges. Notwithstanding a typical Washington lawyer’s view of the judiciary enshrined in Article III of the Constitution, the citizens of 39 states insist that judges should be subject to electoral accountability and not be given lifetime appointments by the government elites. For that reason, 53% of state appellate judges must run in contested elections for an initial term on the bench (out of 1,243 judges). Likewise, 66% of state trial court judges (8,489) must first run in contested elections. Eight-seven percent of all state appellate and trial judges face some type of election for subsequent …
Court Review: Volume 39, Issue 1 - Cover
Court Review: Volume 39, Issue 1 - Cover
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 1 - Recent Civil Decisions Of The United States Supreme Court: The 2001-2002 Term, Charles H. Whitebread
Court Review: Volume 39, Issue 1 - Recent Civil Decisions Of The United States Supreme Court: The 2001-2002 Term, Charles H. Whitebread
Court Review: The Journal of the American Judges Association
The United States Supreme Court’s 2001-2002 term marked Chief Justice Rehnquist’s 30th anniversary on the bench. Given the continuing prominence of 5-4 splits along typically ideological lines, the chief justice’s leadership is as significant as it ever was. In the context of the Court’s civil decisions, the chief justice’s importance to the conservative bloc was demonstrated in the case immunizing states from privateparty complaints adjudicated by administrative agencies and in the Court’s acceptance of a policy permitting public vouchers to be used for religious school tuition. The Court also confronted significant issues regarding the First Amendment and limitations on protecting …
Court Review: Volume 39, Issue 1 - Should Judges Be More Like Politicians?, Roy A. Schotland
Court Review: Volume 39, Issue 1 - Should Judges Be More Like Politicians?, Roy A. Schotland
Court Review: The Journal of the American Judges Association
Judges sometimes are unrealistic. Whatever one’s view of the recent Pledge of Allegiance decision, do you remember Clinton v. Jones, in which eight justices had no doubt that there were no serious risks in allowing Paula Jones’ lawsuit to proceed against a sitting President? The Supreme Court’s decision about judicial elections shows how unrealistic five justices can be about what happens in election campaigns, and also—ironically—about how much judges differ from legislators and others who run for office. Reality was captured concisely by Robert Hirshon, president of the American Bar Association, who said, “This is a bad decision. It will …
Court Review: Volume 39, Issue 1 - Editor's Note
Court Review: Volume 39, Issue 1 - Editor's Note
Court Review: The Journal of the American Judges Association
Most state court judges in the United States stand for election, whether it be one in which an opposing candidate can run or one in which an appointed judge stands for retention. Accordingly, questions concerning what judicial candidates can say during an election campaign are of great significance. At the end of its past term, the United States Supreme Court issued its first decision regarding the tension between the First Amendment and restrictions that have been placed by states on the speech of judicial candidates.
Court Review: Volume 39, Issue 1 - The White Decision In The Court Of Opinion: Views Of Judges And The General Public, David B. Rottman
Court Review: Volume 39, Issue 1 - The White Decision In The Court Of Opinion: Views Of Judges And The General Public, David B. Rottman
Court Review: The Journal of the American Judges Association
The U.S. Supreme Court’s first decision on judicial elections— Republican Party of Minnesota v. White—came on the heels of the first national opinion survey devoted entirely to judicial selection issues. In late 2001, 1,000 randomly selected members of the public and 2,500 state appellate and trial judges answered questions about their participation in judicial elections, opinions about current practices, and support for various reform proposals. Some questions were asked of judges and public alike, while other questions concentrated on their respective roles in the election process. The surveys were conducted on behalf of the Justice at Stake Campaign, a nationwide …
Court Review: Volume 39, Issue 1 - The Resource Page
Court Review: Volume 39, Issue 1 - The Resource Page
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 1 - Moving Problem-Solving Courts Into The Mainstream: A Report Card From The Ccj-Cosca Problem-Solving Courts Committee, Daniel J. Becker, Maura D. Corrigan
Court Review: Volume 39, Issue 1 - Moving Problem-Solving Courts Into The Mainstream: A Report Card From The Ccj-Cosca Problem-Solving Courts Committee, Daniel J. Becker, Maura D. Corrigan
Court Review: The Journal of the American Judges Association
Five years ago the term “problemsolving courts” was not commonly used or understood in the court community. Today, however, the term describes over a thousand courts around the country. Problem-solving courts generally focus on the underlying chronic behaviors of criminal defendants. Acting on the input of a team of experts from the community, a problem-solving court judge orders the defendant to comply with an individualized plan and then the judge (with the assistance of the community team) exercises intensive supervision over the defendant to ensure compliance with the terms of the plan. Individualized plans may include participating in a treatment …