Law Commons^™

Symposium Foreword, Russell L. Christopher

Tulsa Law Review

No abstract provided.

Crimes Outside The Core, Douglas Husak

Tulsa Law Review

No abstract provided.

When Two Become One: Views On Fletcher's Two Patterns Of Criminality, Deborah W. Denno

Tulsa Law Review

No abstract provided.

For Universal Jurisdiction: Against Fletcher's Antagonism, Albin Eser

Tulsa Law Review

No abstract provided.

Court Review: Volume 41, Issue 2 - Recent Civil Decisions Of The U.S. Supreme Court: The 2003-2004 Term, Charles H. Whitebread

Court Review: Journal of the American Judges Association

The civil cases decided by the United States Supreme Court during its last term were headlined by its decisions reasserting the rule of law in the context of detainees in the war on terrorism. In addition, the Court handed down a number of decisions on civil rights, the First Amendment, federalism, presidential power, and civil statutory interpretation. We review those cases here.

Court Review: Volume 41, Issue 2 - Cover

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 41, Issue 2 - A Judiciary That Is As Good As Its Promise: The Best Strategy For Preserving Judicial Independence, Kevin S. Burke

Court Review: Journal of the American Judges Association

Nearly 100 years ago, Roscoe Pound gave his famous speech entitled “The Causes of Popular Dissatisfaction with the Administration of Justice.” Pound spoke of three things that contributed to the dissatisfaction he perceived during his time: first, a belief by the people that the administration of justice is easy; second, the historical tension between the branches of government; and, finally, what he described as the sporting theory of justice. While Pound’s focus was on why the public was dissatisfied, it is axiomatic that the causes of the popular dissatisfaction with the administration of justice are the fuel for present threats …

Court Review: Volume 41, Issue 2 - The Resource Page

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 41, Issue 2 - Resource Materials On Judicial Independence, Roy Schotland

Court Review: Journal of the American Judges Association

In addition to the articles found in this issue of Court Review, which present the considered views of the authors on various subjects, we also seek to stimulate the thinking of the reader regarding judicial independence. For those attending the annual conference of the American Judges Association this year, this will involve review of the materials in this issue and interchange with authors of the articles and a number of others who have given substantial thought to the topic—as well as interchange with other judges in attendance.

For those whose involvement with the National Forum on Judicial Independence will come …

Court Review: Volume 41, Issue 2 - Table Of Contents

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 41, Issue 2 - The Tyranny Of The “Or” Is The Threat To Judicial Independence, Not Problem-Solving Courts, Kevin S. Burke

Court Review: Journal of the American Judges Association

If one values freedom, tolerance, and civil liberties, we live at a time when our planet is a dangerous place. Even if one accepts the notion that mankind is composed of decent and good human beings, not all societies place a premium on the values of freedom, tolerance, and civil liberties for all. While there are many factors that promote justice, judicial independence is the cornerstone to freedom and liberty. Now more than at other times in history, a strong, effective, and independent judiciary is imperative. Now more than ever, judges need to realize that maintaining an impartial independent judiciary …

Court Review: Volume 41, Issue 2 - Speak To Values: How To Promote The Courts And Blunt Attacks On Judiciary, John Russonello

Court Review: Journal of the American Judges Association

This article will outline a number of ideas for communications that could help to promote stronger public support for the courts when they do come under attack. The ideas take into consideration the desires, motivations, and values of the American public that have been learned from years of conducting national and statewide public opinion research on the judicial system for clients such as the ACLU, Justice at Stake Project, the Youth Law Center, and the Open Society Institute, among others. Here are some of the observations on American public opinion that lead to suggestions for court advocates.

Court Review: Volume 41, Issue 2 - President’S Column, Michael R. Mcadam

Court Review: Journal of the American Judges Association

This special edition of Court Review will be devoted to the critical issue of judicial independence. The articles contained here were solicited as part of the National Forum on Judicial Independence, which will take place at the AJA’s 44th annual educational conference in San Francisco. For those attending the conference, these papers will be an integral element of the Forum and will be discussed and debated in San Francisco by the authors and conference attendees. For those who can’t attend the Forum, these articles present excellent analysis by respected judicial professionals about various aspects of the concept of judicial independence.

Court Review: Volume 41, Issue 2 - Judicial Independence In The Municipal Court: Preliminary Observations From Missouri, Lawrence G. Myers

Court Review: Journal of the American Judges Association

Preliminary results from a recent survey of the municipal courts in Missouri show significant structural and attitudinal barriers to judicial independence. The results are preliminary in light of the deadline for this issue: only a relatively short time was available to analyze the responses before submitting this article. Even the early returns suggest real problems, however.

Court Review: Volume 41, Issue 2 - Editor's Note

Court Review: Journal of the American Judges Association

This issue is focused on judicial independence. On the next page, Mike McAdam, the president of the American Judges Association, explains how it developed that a National Forum on Judicial Independence would be a part of this year’s AJA annual conference. We’re pleased to present this special issue of Court Review, which is intended to stimulate discussion at the conference and to bring the members who couldn’t attend into the process.

Court Review: Volume 41, Issue 2 - The Challenge Of Funding State Courts In Tough Fiscal Times, Michael L. Buenger

Court Review: Journal of the American Judges Association

It has been described as the worst state fiscal crisis since the end of World War II, with officials from across the country likening it to a “perfect storm,” “the Incredible Hulk of budget deficits,” and a “problem of historic proportions.” Beginning in 2001, almost every state experienced a deep fiscal crisis that placed funding of critical services in jeopardy and rendered many previously hallowed programs subject to draconian cuts, if not outright elimination. The fiscal crisis was particularly traumatic for court systems receiving all or a significant portion of their funding directly from state governments.

In response to the …

Court Review: Volume 41, Issue 2 - Letters

Court Review: Journal of the American Judges Association

A Judiciary as Good as Its Promise

The Unchanging Role of the Judge

31st Annual Midwest/Midsouth Estate Planning Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 31st Annual Midwest/Midsouth Estate Planning Institute held by UK/CLE in July 2004.

The Parameters Of Internal Armed Conflict In International Humanitarian Law, Anthony Cullen

University of Miami International and Comparative Law Review

No abstract provided.

Admiralty, Robert S. Glenn Jr., Colin A. Mcrae, Jessica L. Mcclellan

Mercer Law Review

The Eleventh Circuit Court of Appeals handed down ten opinions distinctly concerning admiralty issues during the 2003 calendar year. The topics covered in these cases varied from the traditional maritime issues of allision, cargo, contribution, and admiralty jurisdiction, to the less common maritime fields of criminal law and state sovereign immunity. With ten admiralty opinions in 2003, the Eleventh Circuit has maintained its status as one of the busiest admiralty circuits.

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

For the first time in the life of this Article, the 2003 survey period appears to have experienced a marked decrease in the number of decisions handed down by the United States Supreme Court and the Eleventh Circuit in the area of employment discrimination. As Title VII approaches its fortieth anniversary, perhaps this is an indication that there are fewer and fewer unsettled questions of law in this area. However, this decline in the number of decisions does not mean that the 2003 survey period was insignificant. The Supreme Court, in Raytheon Co. v. Hernandez, continued its string of …

Environmental Law, Travis M. Trimble

Mercer Law Review

In 2003 the United States Court of Appeals for the Eleventh Circuit decided two cases concerning the Clean Air Act, holding that provisions allowing the Environmental Protection Agency ("EPA") to address compliance issues through the issuance of administrative compliance orders are unconstitutional and that the Clean Air Act does not waive the United States's defense of sovereign immunity in an action for punitive penalties for past violations of air pollution laws. The court also considered for the first time the circumstances under which a state enforcement action would preempt a citizen suit under the Clean Water Act. This Article also …

Appellate Practice And Procedure, K. Todd Butler

Mercer Law Review

This Article reviews cases decided in 2003 by the United States Court of Appeals for the Eleventh Circuit that have the greatest bearing on issues of federal appellate procedure for attorneys practicing in the Eleventh Circuit. Topics reviewed include parties' designation of matters appealed in the Notice of Appeal; parties' actions taken during or prior to trial to preserve issues for appeal; the interlocutory jurisdiction of appellate courts; the lack of appellate jurisdiction resulting from the mootness of issues appealed; and the invited error and judicial estoppel rules.

Constitutional Civil Rights, C. Ashley Royal

Mercer Law Review

The First Amendment presents some of the most nettlesome, yet interesting, issues for attorneys and federal judges. Once again this term, the Court of Appeals for the Eleventh Circuit dealt with some complex issues in cases involving nude dancing, freedom of the press, religious symbols, commerce, and the Confederate battle flag. The court even stirred nationwide controversy over its decision about a monument to the Ten Commandments in Alabama. This Article highlights some of the key legal principles the court follows in ruling on First Amendment cases.

The Article shows how the court, applying the same legal theories, reaches different …

Federal Taxation, Donald R. Bly, Michael H. Plowgian

Mercer Law Review

In 2003 the United States Court of Appeals for the Eleventh Circuit published few tax decisions of any importance. In the Circuit's highest profile tax case of 2003, the court vacated a lower court decision that had held section 527(j) of the Internal Revenue Code unconstitutional. In other procedural cases, the court held that Rule 183 of the Tax Court Rules of Practice and Procedure did not raise due process concerns, and, in a case of first impression, ruled that in determining the total revenue lost in cases concerning fraudulent corporate and personal returns, the losses from unreported corporate income …

Labor And Employment, Jerry C. Newsome, K. Alex Khoury

Mercer Law Review

This Article surveys notable developments in labor and employment law in the Eleventh Circuit from January 1 to December 31, 2003. During the survey period, the United States Supreme Court handed down two notable decisions, one involvirng the Fair Labor Standards Act ("FLSA") and the other involving the Family and Medical Leave Act ("FMLA"). The United States Court of Appeals for the Eleventh Circuit rendered several notable decisions involving the FLSA, the FMLA, the National Labor Relations Act ("NLRA"), and the Railway Labor Act ("RLA") during the survey period. The Eleventh Circuit also issued a significant opinion affecting restrictive covenants …

Who Gets The Hooch?: Georgia, Florida, And Alabama Battle For Water From The Apalachicola- Chattahoochee-Flint River Basin, C. Hansell Watt Iv

Mercer Law Review

During a time when technology is constantly changing and becoming more advanced, one of the constants that our planet, and all of the creatures on it, will always rely upon is fresh water. Throughout history, rivers have been the lifeblood that supports cities by providing drinking water, irrigation, transportation, trade, recreation, power, and many other industrial and domestic uses. As the human population grows, rivers and lakes are more pressured to support the growing needs of the communities and cities that rely on these bodies of water. Because many rivers in the United States flow across numerous states, problems develop …

A Deep Breath Before The Plunge: Undoing Miranda's Failure Before It's Too Late, Benjamin D. Cunningham

Mercer Law Review

The Supreme Court's decision in Miranda v. Arizona has been and will be a lightning rod for controversy so long as it remains in effect. The decision has been lauded for its apparent protection of individual dignity from overzealous police and criticized as an unwarranted shackle on legitimate law enforcement techniques. Nevertheless, Miranda has weathered the storms and, thanks to the Supreme Court's decision in Dickerson v. United States, has endured. Unknown to most proponents or detractors, however, Miranda has had little effect on what actually occurs during police interrogations. The reasons for this are varied. First, by creating …

Anatomy Of A Bit: The United States - Honduras Bilateral Investment Treaty, J. Steven Jarreau

University of Miami Inter-American Law Review

No abstract provided.

Picture Perfect? X-Ray Searches At The United States Border Require Guidance, Lauren Bercuson

University of Miami Inter-American Law Review

No abstract provided.