Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Nebraska - Lincoln (32)
- University of Pennsylvania Carey Law School (13)
- University of Pittsburgh School of Law (7)
- Cornell University Law School (5)
- Georgetown University Law Center (4)
-
- University of Colorado Law School (4)
- American University Washington College of Law (3)
- BLR (3)
- Boston University School of Law (2)
- Liberty University (2)
- University of Baltimore Law (2)
- University of Georgia School of Law (2)
- University of Missouri School of Law (2)
- University of San Diego (2)
- Villanova University Charles Widger School of Law (2)
- Barry University School of Law (1)
- Case Western Reserve University School of Law (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Fordham Law School (1)
- Loyola University Chicago, School of Law (1)
- New York Law School (1)
- Notre Dame Law School (1)
- St. John's University School of Law (1)
- UIC School of Law (1)
- University of Cincinnati College of Law (1)
- University of Connecticut (1)
- University of Florida Levin College of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Miami Law School (1)
- Keyword
-
- Jurisprudence (22)
- Criminal Law and Procedure (4)
- Education (4)
- Judges (4)
- Law and Society (4)
-
- Public Law and Legal Theory (4)
- Constitutional Law (3)
- International law (3)
- Legal History (3)
- Realism (3)
- Religion (3)
- Supreme Court (3)
- Affirmative action (2)
- Anthropology (2)
- Brown (2)
- Civil rights (2)
- Communitas (2)
- Constitution (2)
- Courts (2)
- Criminal Law (2)
- Criminal Sentencing (2)
- Critical legal studies (2)
- Culture (2)
- Democracy (2)
- Due process (2)
- Evidence (2)
- Fifth Amendment (2)
- Foreign policy (2)
- Human rights (2)
- Humanities (2)
- Publication
-
- Court Review: The Journal of the American Judges Association (32)
- All Faculty Scholarship (15)
- Articles (8)
- Faculty Scholarship (6)
- Cornell Law Faculty Publications (4)
-
- Faculty Publications (4)
- Georgetown Law Faculty Publications and Other Works (4)
- Publications (4)
- Articles in Law Reviews & Other Academic Journals (3)
- Faculty Publications and Presentations (2)
- Scholarly Works (2)
- University of San Diego Public Law and Legal Theory Research Paper Series (2)
- Working Paper Series (2)
- Cornell Law School J.D. Student Research Papers (1)
- Faculty Articles and Other Publications (1)
- Faculty Articles and Papers (1)
- Faculty Publications & Other Works (1)
- Faculty Works (1)
- George Mason University School of Law Working Papers Series (1)
- Jepson School of Leadership Studies articles, book chapters and other publications (1)
- Journal Articles (1)
- Law Faculty Articles and Essays (1)
- Other Publications (1)
- Public Law and Legal Theory Papers (1)
- Rutgers Law School (Newark) Faculty Papers (1)
- UF Law Faculty Publications (1)
- UIC Law Open Access Faculty Scholarship (1)
- Vanderbilt Law School Faculty Publications (1)
Articles 1 - 30 of 103
Full-Text Articles in Law
Court Review: Volume 41, Issue 3-4 - Cover
Court Review: Volume 41, Issue 3-4 - Cover
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 41, Issue 3-4 - Working On The Components Of Judicial Independence, Ronald M. George
Court Review: Volume 41, Issue 3-4 - Working On The Components Of Judicial Independence, Ronald M. George
Court Review: The Journal of the American Judges Association
Courts have often been cited as the weakest of the three branches of government. I do not necessarily agree with that assessment, but increasingly courts are realizing that that does not, in any event, mean they can or should remain silent or passive and allow our sister branches to determine our fate. Court governance and leadership, eliminating bias, improving access, and judicial independence are critical areas upon which we all must focus. They are necessary factors not only in preserving the strength of the judicial branch in our state and federal governmental structures, but also in ensuring that our nation …
Court Review: Volume 41, Issue 3-4 - Table Of Contents
Court Review: Volume 41, Issue 3-4 - Table Of Contents
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 41, Issue 3-4 - Is Judicial Independence A Casualty In State And Local Budget Battles?, Michael A. Cicconetti, Michael Buenger, Lawrence G. Myers, Robert Wessels
Court Review: Volume 41, Issue 3-4 - Is Judicial Independence A Casualty In State And Local Budget Battles?, Michael A. Cicconetti, Michael Buenger, Lawrence G. Myers, Robert Wessels
Court Review: The Journal of the American Judges Association
The first panel discussion at the National Forum on Judicial Independence reviews the budget pressures encountered by the judiciary and their impact on judicial independence. The discussion was led by then-AJA vice president Michael A. Cicconetti, a municipal judge from Painesville, Ohio. Panelists were Michael L. Buenger, Missouri state court administrator, Lawrence G. Myers, court administrator for Joplin, Missouri, and Robert Wessels, court manager for the County Criminal Courts at Law in Houston, Texas. The National Forum on Judicial Independence was supported by a generous grant from the Joyce Foundation of Chicago, Illinois.
Court Review: Volume 41, Issue 3-4 - Friends Of The Court? The Bar, The Media, And The Public, Steve Leben, John Russonello, Malcom Feeley
Court Review: Volume 41, Issue 3-4 - Friends Of The Court? The Bar, The Media, And The Public, Steve Leben, John Russonello, Malcom Feeley
Court Review: The Journal of the American Judges Association
The fourth panel discussion at the National Forum on Judicial Independence explores the way the public thinks about judicial independence and ways in which the media and members of the bar may affect judicial independence. The discussion was led by then-AJA secretary Steve Leben, a state general-jurisdiction trial judge from Kansas. Panelists were John Russonello, a pollster and consultant to nonprofit organizations, political campaigns, and other clients, and Malcolm Feeley, professor at the Boalt Hall School of Law at the University of California-Berkeley. The National Forum on Judicial Independence was supported by a generous grant from the Joyce Foundation of …
Court Review: Volume 41, Issue 3-4 - Balancing Act: Can Judicial Independence Coexist With Court Accountability?, Michael W. Manners, Michael Buenger, Kevin S. Burke, Bobby B. Delaughter
Court Review: Volume 41, Issue 3-4 - Balancing Act: Can Judicial Independence Coexist With Court Accountability?, Michael W. Manners, Michael Buenger, Kevin S. Burke, Bobby B. Delaughter
Court Review: The Journal of the American Judges Association
The fifth panel discussion at the National Forum on Judicial Independence explored the intersection between judicial independence and public accountability. The discussion was led by Michael W. Manners, a circuit judge on the Jackson County Circuit Court in Independence, Missouri. Panelists were Michael L. Buenger, Missouri state court administrator, Kevin S. Burke, a district judge in Hennepin County District Court in Minneapolis, Minnesota, Bobby B. DeLaughter, a circuit judge on the Hinds County Circuit Court in Jackson, Mississippi, Malcolm Feeley, professor of law at the University of California-Berkeley, Michael R. McAdam, judge on the Kansas City (Mo.) Municipal Court, Mary …
Court Review: Volume 41, Issue 3-4 - President’S Column, Gayle A. Nachtigal
Court Review: Volume 41, Issue 3-4 - President’S Column, Gayle A. Nachtigal
Court Review: The Journal of the American Judges Association
Over their lifetime, most citizens will never see the inside of a jail or be a participant in a criminal trial. They may come to the courthouse for traffic violations and for domestic relations cases, to pay property taxes, deal with landlord-tenant matters, or obtain documents for other events in their lives. As a result, their understanding and appreciation for the judicial system must be gathered from other sources. We must provide accurate information. Citizens receive information about the judicial system from the media, particularly television. Television cases are resolved in approximately 22 minutes; on at least one show, that …
Court Review: Volume 41, Issue 3-4 - Problem-Solving Courts: Do They Create Judicial Independence Problems Or Opportunities Or Both?, Michael R. Mcadam, Kevin S. Burke, Mary Campbell Mcqueen
Court Review: Volume 41, Issue 3-4 - Problem-Solving Courts: Do They Create Judicial Independence Problems Or Opportunities Or Both?, Michael R. Mcadam, Kevin S. Burke, Mary Campbell Mcqueen
Court Review: The Journal of the American Judges Association
The third panel discussion at the National Forum on Judicial Independence explores the tension between setting up specialized, problem-solving courts and maintaining judicial independence for the judges assigned to such courts. The discussion was led by then-AJA president Michael R. McAdam, a judge on the Kansas City (Mo.) Municipal Court. Panelists were Kevin S. Burke, a district judge and past chief judge of the Hennepin County (Minn.) District Court, and Mary Campbell McQueen, president of the National Center for State Courts. The National Forum on Judicial Independence was supported by a generous grant from the Joyce Foundation of Chicago, Illinois.
Court Review: Volume 41, Issue 3-4 - Judicial Independence: The Freedom To Be Fair, Steve Leben, Michael R. Mcadam, Leo Bowman, Kevin S. Burke, Michael Cicconetti, Malcom Feeley, Jack Ford, Gayle Nachtigal, Tam Nomoto Schumann, William C. Vickrey
Court Review: Volume 41, Issue 3-4 - Judicial Independence: The Freedom To Be Fair, Steve Leben, Michael R. Mcadam, Leo Bowman, Kevin S. Burke, Michael Cicconetti, Malcom Feeley, Jack Ford, Gayle Nachtigal, Tam Nomoto Schumann, William C. Vickrey
Court Review: The Journal of the American Judges Association
The final panel discussion at the National Forum on Judicial Independence was moderated by Jack Ford, host of the syndicated Public Broadcasting System program, Inside the Law. The discussion explores topics of judicial independence in a manner designed for use with the public at large and formed the basis for the onehour PBS program, “Judicial Independence: The Freedom to Be Fair.” Panelists were Leo Bowman, chief judge of the District Court in Pontiac, Michigan, Kevin Burke, district judge and former chief judge of the Hennepin County (Minn.) District Court, Michael Cicconetti, judge of the Painesville (Ohio) Municipal Court, Malcolm Feeley, …
Court Review: Volume 41, Issue 3-4 - The Resource Page
Court Review: Volume 41, Issue 3-4 - The Resource Page
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 41, Issue 3-4 - Complete Issue
Court Review: Volume 41, Issue 3-4 - Complete Issue
Court Review: The Journal of the American Judges Association
No abstract provided.
The Prophecies Of The Prophetic Jurist – A Review Of Selected Works Of Oliver Wendell Holmes, Jr., Kissi Agyebeng
The Prophecies Of The Prophetic Jurist – A Review Of Selected Works Of Oliver Wendell Holmes, Jr., Kissi Agyebeng
Cornell Law School J.D. Student Research Papers
This is a review of the methodology and style of legal research of Oliver Wendell Holmes, Jr., focusing on the ideological and philosophical leanings that informed his scholarship. The review spans selected works of his undergraduate days through his mid-career writings and his representative opinions on the Supreme Judicial Court of the State of Massachusetts and the Supreme Court of the United States.
Justice Blackmun And The Spirit Of Liberty, Richard C. Reuben
Justice Blackmun And The Spirit Of Liberty, Richard C. Reuben
Faculty Publications
As we see in this symposium, Justice Harry Blackmun is as controversial in death as he was in life. We live in a time of increasing absolutism, where things are either black or white, red or blue, you are either for me or against me, my way or the highway. It is when we are swayed by the sirens of absolutism that we are most likely to make mistakes, for absolutism diminishes our capacity to see nuance, much less to appreciate and account for it in our reasoning. This is a dangerous thing in a court, and in a democracy. …
Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala
Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill
Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill
Working Paper Series
This article examines the ethical dimensions of the controversy over no-citation rules and current publication practices. In the literature concerning that controversy, ethical concerns are often mentioned, but usually in tandem with other concerns. Professor Caudill isolates and categorizes the different types of ethical dilemmas, and demonstrates that at different levels of the controversy, the ethical concerns are different. He identifies three levels--the controversy over no-citation rules, the broader controversy over publication practices, and the even broader controversy over privatization of law (the so-called disappearing trial, ADR, and the end of law as we know it).
Crops, Guns & Commerce: A Game Theoretical Critique Of Gonzales V. Raich, Maxwell L. Stearns
Crops, Guns & Commerce: A Game Theoretical Critique Of Gonzales V. Raich, Maxwell L. Stearns
George Mason University School of Law Working Papers Series
In Gonzales v. Raich, the Supreme Court sustained an application of the Controlled Substances Act (“CSA”), banning all private use of marijuana, as applied to two women who had cultivated or otherwise acquired marijuana for the treatment of severe pain pursuant to the California Compassionate Use Act. Writing for the majority, Justice Stevens placed Raich at the intersection of two landmark Commerce Clause precedents: Wickard v. Filburn, the notorious 1942 decision, which upheld a penalty under the Agriculture Adjustment Act of 1938 applied to a local farmer who violated his wheat quota but who had used the modest excess portion …
Substantive Due Process As A Source Of Constitutional Protection For Nonpolitical Speech, Gregory P. Magarian
Substantive Due Process As A Source Of Constitutional Protection For Nonpolitical Speech, Gregory P. Magarian
Working Paper Series
Present First Amendment doctrine presumptively protects anything within the descriptive category “expression” from government regulation, subject to balancing against countervailing government interests. As government actions during the present war on terrorism have made all too clear, that doctrine allows intolerable suppression of political debate and dissent – the expressive activity most integral to our constitutional design. At the same time, present doctrine fails to give a clear account of why the Constitution protects expressive autonomy and when that protection properly should yield to government interests, leading to an inconsistent and unsatisfying free speech regime. In this article, Professor Magarian advocates …
Court Review: Volume 42, Issue 2 - Table Of Contents
Court Review: Volume 42, Issue 2 - Table Of Contents
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 42, Issue 2 - Eroding Fourth Amendment Protections At The Border: An Analysis Of United States V. Cortez-Rocha, Ryan Farley
Court Review: The Journal of the American Judges Association
Recently, the Ninth Circuit Court of Appeals decided the government can destroy personal property during a search at the border without restraint or probable cause. The Ninth Circuit’s holding in United States v. Cortez-Rocha represents a dangerous precedent not only for border searches, but for the reasonableness standard embedded in the Fourth Amendment. However, this power should not eliminate all Fourth Amendment protections against unreasonable searches. Although the federal government may have the ability to conduct searches without probable cause at the border, that power does not allow federal agents to destroy personal property when agents can open a container …
Court Review: Volume 42, Issue 2 - Complete Issue
Court Review: Volume 42, Issue 2 - Complete Issue
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 42, Issue 2 - Editor's Note
Court Review: Volume 42, Issue 2 - Editor's Note
Court Review: The Journal of the American Judges Association
Our lead article will be of interest to all judges who made child-custody decisions as part of their work. Psychologist Ira Turkat notes a seldom- discussed but critical point about child-custody evaluations conducted by psychologists—there is no scientific data demonstrating the validity of these reports. Given that fact, he discusses questions judges should ask and the framework within which these reports should be viewed. He also notes a recent Florida Court of Appeals case, Higginbotham v. Higginbotham (reprinted at page 9), in which the court noted that a court-ordered psychological evaluation had cost $20,000, an amount equal to the parties’ …
Court Review: Volume 42, Issue 2 - Recent Civil Decisions Of The United States Supreme Court: The 2004-2005 Term, Charles H. Whitebread
Court Review: Volume 42, Issue 2 - Recent Civil Decisions Of The United States Supreme Court: The 2004-2005 Term, Charles H. Whitebread
Court Review: The Journal of the American Judges Association
As I noted in reviewing the past term’s criminal decisions, what turned out to be the final year for the Rehnquist Court produced no blockbuster rulings. Nonetheless, there were several civil decisions of note. The Court’s 5-4 ruling upholding the taking of private property for economic development purposes and two First Amendment cases involving public display of the Ten Commandments in a courthouse and in a school were among those receiving the most public attention.
Court Review: Volume 42, Issue 2 - President’S Column, Michael Cicconetti
Court Review: Volume 42, Issue 2 - President’S Column, Michael Cicconetti
Court Review: The Journal of the American Judges Association
It seems as if our Annual Conference in Anchorage took place about a month ago, but it has been many months now since we returned home and my job as president of AJA began. Time seems to disappear and days become a blur when balancing the bench, AJA, and family. Your officers and Executive Committee have totally immersed themselves in revitalizing the AJA beginning with plans for a great educational and fun-filled annual conference in New Orleans in October. In January, the Executive Committee met for two days discussing our priorities and goals for this year and the future of …
Court Review: Volume 42, Issue 2 - Resource Page
Court Review: Volume 42, Issue 2 - Resource Page
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 42, Issue 2 - Courtroom 302: How America’S Criminal Justice System Really Works, Angela M. Brouse
Court Review: Volume 42, Issue 2 - Courtroom 302: How America’S Criminal Justice System Really Works, Angela M. Brouse
Court Review: The Journal of the American Judges Association
1998 was to be a big year for Courtroom 302 and the Cook County Criminal Courthouse—the biggest and busiest felony courthouse in the nation. Cook County alone would send nearly 16,000 convicted criminals to prison. Courtroom 302 and Judge Daniel Locallo would hear the controversial Bridgeport trial, known as a “heater” case for attracting publicity. The case revolved around three young white men, with supposed mafia ties, charged with the brutal beating of a 13-year-old black boy—the alleged motive being that the black boy was not welcome in the predominately white neighborhood. Due to the violent and racial undertones in …
Court Review: Volume 42, Issue 2 - On The Limitations Of Child-Custody Evaluations, Ira Daniel Turkat
Court Review: Volume 42, Issue 2 - On The Limitations Of Child-Custody Evaluations, Ira Daniel Turkat
Court Review: The Journal of the American Judges Association
Child-custody litigation is typically hostile, stressful, and expensive. For thousands of years, society has wrestled with the issue of properly assigning custody of children when parents fight over it. In King Solomon’s court, there were no licensed psychologists to extensively interview families, apply psychological tests, and offer recommendations. Today, it is commonplace in our society to have psychologists evaluate families litigating over custody. In the United States, approximately 100,000 custody battles take place each year. However, psychological evaluations are not ordered in all contested custody cases. By and large, a custody investigation is ordered when it is unclear who should …
Court Review: Volume 42, Issue 2 - Cover
Court Review: Volume 42, Issue 2 - Cover
Court Review: The Journal of the American Judges Association
No abstract provided.
The Chief Prosecutor, Sai Prakash
The Chief Prosecutor, Sai Prakash
University of San Diego Public Law and Legal Theory Research Paper Series
Since Watergate, legal scholars have participated in a larger debate about the President’s constitutional relationship to prosecutions. In particular, many legal scholars sought to debunk the received wisdom that prosecution was an executive function subject to presidential control. Revisionist scholars cited early statutes and practices meant to demonstrate that early presidents lacked control over prosecution. Among other things, scholars asserted that early presidents could not control either the federal district attorneys or the popular prosecutors who brought qui tam suits to enforce federal law. In fact, many of the revisionist claims are wrong and others are beside the point. Despite …
The Judge As A Fly On The Wall: Interpretive Lessons From The Positive Political Theory Of Legislation, Daniel B. Rodriguez, Cheryl Boudreau, Arthur Lupia, Mathew Mccubbins
The Judge As A Fly On The Wall: Interpretive Lessons From The Positive Political Theory Of Legislation, Daniel B. Rodriguez, Cheryl Boudreau, Arthur Lupia, Mathew Mccubbins
University of San Diego Public Law and Legal Theory Research Paper Series
In the modern debate over statutory interpretation, scholars frequently talk past one another, arguing for one or another interpretive approach on the basis of competing, and frequently undertheorized, conceptions of legislative supremacy and political theory. For example, so-called new textualists insist that the plain meaning approach is compelled by the U.S. Constitution and rule of law values; by contrast, theorists counseling a more dynamic approach often reject the premise of legislative supremacy that is supposed by the textualist view. A key element missing, therefore, from the modern statutory interpretation debate is a conspicuous articulation of the positive and empirical premises …
What Is Legal Doctrine, Emerson Tiller, Frank B. Cross
What Is Legal Doctrine, Emerson Tiller, Frank B. Cross
Public Law and Legal Theory Papers
Legal doctrine is the currency of the law. In many respects, doctrine is the law, at least as it comes from courts. Judicial opinions create the rules or standards that comprise legal doctrine. Yet the nature and effect of legal doctrine has been woefully understudied. Researchers from the legal academy and from political science departments have conducted extensive research on the law, but they have largely ignored the others’ efforts. Part of the reason for this unfortunate disconnect is that neither has effectively come to grips with the descriptive meaning of legal doctrine. In this article, we attempt to describe …