Law Commons^™

The Hoods Who Move The Goods: An Examination Of The Booming International Trade In Counterfeit Luxury Goods And An Assessment Of The American Efforts To Curtail Its Proliferation, Sam Cocks

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Court Review: Volume 42, Issue 3-4 - Editor's Note

Court Review: Journal of the American Judges Association

This issue presents four viewpoints on current issues involving judicial elections, politics, and the effect of public opinion on the courts. In our lead article, Shira Goodman and Lynn Marks of Pennsylvanians for Modern Courts tell the story of Pennsylvania’s 2005 retention election for the Pennsylvania Supreme Court. With very little warning, public opposition developed to the retention of two justices: one was retained with 54% of the vote and one was thrown out of office with only 49% voting to retain him. The election was unusual because it did not relate to opinions issued by either justice. Rather, the …

Court Review: Volume 42, Issue 3-4 - Directory Of Officers And Board Of Governors, 2005-2006

Court Review: Journal of the American Judges Association

Directory of Officers and Board of Governors of American Judges Association

Court Review: Volume 42, Issue 3-4 - E-Courts: The Times They Are A-Changin’, James E. Mcmillan

Court Review: Journal of the American Judges Association

The title obviously comes from Bob Dylan’s classic song from 1964. That song captured the spirit of the times and again, in a small way, captures ours as well. This year’s upcoming E-Courts Conference (www.e-courts.org) in December will highlight both the changes that computers have brought to court operations and where things are going in the future.

Court operations have been impacted over the past decade with the implementation of electronic court document filing (aka E-filing). This year the U.S. federal courts will have electronic filing available in nearly all district and bankruptcy courts. We have seen that not as …

Court Review: Volume 42, Issue 3-4 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 42, Issue 3-4 - Judges, Law, Politics & Strategy, Frank B. Cross

Court Review: Journal of the American Judges Association

In law, we commonly presume that judges reach decisions based on legal materials, such as precedents. In political science, researchers typically presume that judges do not reach decisions based on such legal materials. They maintain that the apparent reliance on precedent to reach decisions is simply a hoax designed to provide cover for a particular outcome. These researchers traditionally argued that judges reach their personally preferred outcome in the case and then rationalize it after the fact with references to precedent, conveniently supplied them by the attorneys for their preferred side.

Much of the empirical research on judicial decision making …

Court Review: Volume 42, Issue 3-4 - Lessons From An Unusual Retention Election, Shira J. Goodman, Lynn A. Marks

Court Review: Journal of the American Judges Association

On November 8, 2005, something happened in Pennsylvania that has never happened before: an appellate judge, a supreme court justice no less, lost an uncontested retention election. Not only was the loss unprecedented, but with the exception of one retention election in 1993, appellate justices and judges in Pennsylvania routinely have won retention by margins of 70% to 30%. This year, one justice lost his retention election and another barely won with just 54% of the vote.

Retention elections have been a feature of judicial elections in Pennsylvania since the state constitution was amended in 1969. Following election to an …

Court Review: Volume 42, Issue 3-4 - Table Of Contents

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 42, Issue 3-4 - Seizing The Accountability Moment: Enlisting Americans In The Fight To Keep Courts Fair, Impartial, And Independent, Bert Brandenberg

Court Review: Journal of the American Judges Association

Did the 2005 uproar over Terri Schiavo’s end-of-life case mark a peak in the recent surge of attacks on the independence of America’s courts? When the case generated threats to impeach and even murder the presiding judge, and Congress passed a bill seeking to manipulate the case, broad public disapproval helped end the political crisis.1 The President backpedaled—“I believe in an independent judiciary. I believe in checks and balances”2—and dispatched the Vice President and Attorney General to add their reassurances. Just a few months later, Supreme Court nomination hearings offered little hint of the rising tide of fury that courts …

Court Review: Volume 42, Issue 3-4 - A Profile Of Settlement, John Barkai, Elizabeth Kent, Pamela Martin

Court Review: Journal of the American Judges Association

Ninety-eight percent of civil cases settle,1 right? Well, not exactly. Although claims of settlement rates of 90% and above are cited frequently, settlement rates really are not that high. Many commentators start with an accurate picture of low, single-digit trial rates (typically 2%-3%), but then they inappropriately assume the inverse—namely, that all the remaining cases are settled. Commentators ignore the fact that a significant proportion of cases are terminated for reasons other than trial or settlement, and their mistake goes undetected because most state judicial systems do not collect any information about settlements.

On the other hand, other people, speaking …

Court Review: Volume 42, Issue 3-4 - Book Review: A Judge's Role In The Rule Of Law, William F. Hurst Iv

Court Review: Journal of the American Judges Association

Two recently published books, On the Rule of Law: History, Politics, Theory by Brian Z. Tamanaha, and The Rule of Law in America by Ronald A. Cass, provide an in-depth analysis into what the rule of law means today, its history, and what impact its meaning has on the current American judiciary.

Court Review: Volume 42, Issue 3-4 - President’S Column, Michael Cicconetti

Court Review: Journal of the American Judges Association

Living in Northeastern Ohio, we are constantly promoting this part of the state as an area virtually free of natural disasters. Oh sure, we have our lake-effect snow, which we have learned to treat as more of an inconvenience and annoyance than a danger. Hurricanes? Those are reserved for the coastal states. Tornadoes? Hello, Kansas! Northeastern Ohio hasn’t experienced one in 35 years. Droughts? We may have an occasional dry spell during the summer but we always have the Great Lakes as a plentiful water source. Mudslides? Never. Forest fires? Doesn’t happen. Earthquakes? Minor blips on the Richter Scale.

Court Review: Volume 43, Issue 3-4 - Cover

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 42, Issue 3-4 - Judicial Elections: Changes And Challenges, Jan Witold Baran

Court Review: Journal of the American Judges Association

Today, myriad approaches for selecting judges exist and few states—if any at all—use identical schemes. In many states, the selection methods vary depending on whether the judge is a trial or appellate judge, or an initial selection or an incumbent. As will be seen, the vast majority of state judges are elected. Recently, judicial campaigns have become increasingly controversial while traditional restraints have fallen to the wayside. This article will address the variety of election methods, the challenges that recent constitutional decisions have presented to the ABA Code of Judicial Conduct, and whether innovations, such as public financing, offer a …

Court Review: Volume 42, Issue 3-4 - The Resource Page

Court Review: Journal of the American Judges Association

No abstract provided.

Reversing The Reversal Rate: Using Real Property Principles To Guide Federal Circuit Patent Jurisprudence, Paul M. Schoenhard

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Setting Aside The Will Of The Plaintiffs: How And Why The 1950s School-Desegregation Strategy Marginalized Experiences Of Black Self-Determination In Unequal Schools And Examples Of Black Self-Sufficiency In Equalization Plans, Amos N. Jones

Georgia State University Law Review

No abstract provided.

Table Of Contents, Volume 5, Number 1, 2006, Editorial Board

The University of New Hampshire Law Review

Table of Contents for Volume Five, Issue Number One.

Gender Matters: Making The Case For Trans Inclusion, Nancy K. Knauer

The University of New Hampshire Law Review

[Excerpt] “The transgender communities are producing an important and nuanced critique of our gender system. For community members, the project is self-constitutive and, therefore, has an immediacy that also marks the efforts of other marginalized groups who have attempted to make sense of the world through description, interrogation, and ultimately a program for transformation. The transgender project also has universalizing elements because, existing within the gender system, each one of us embodies a particular gender articulation. It is through this articulation that we define ourselves in relation to the gender we were assigned at birth, the gender we choose, the …

Construction Law, Henry L. Balkcom Iv, Dana R. Grantham, Devin H. Gordon

Mercer Law Review

This Article surveys construction law decisions handed down by Georgia courts and construction-related legislation enacted by the Georgia General Assembly between June 1, 2005 and May 31, 2006. As in prior years, the cases discussed are divided into five categories: (1) contracts, (2) torts, (3) mechanics and materialmen's liens, (4) arbitration, and (5) miscellaneous. Recent legislation is highlighted and summarized in Section VI, including a brief overview of the General Assembly's substantial revisions to Georgia's "Right to Repair" Act, the mandatory alternative dispute resolution framework that the legislature put in place in 2004 for residential construction defect claims in Georgia.

Death Penalty Law, Therese M. Day

Mercer Law Review

This Article provides a survey of death penalty case law in Georgia from June 1, 2005 through May 31, 2006. The cases include those that the Georgia Supreme Court heard on interim appeal, direct appeal, and on review of habeas corpus decisions. Two recent decisions of the United States Supreme Court are also included because of their relevance to Georgia death penalty law. While there have been recent significant statutory changes affecting capital litigation in Georgia, those changes are beyond the purview of this Article and therefore will not be discussed. Likewise, holdings in capital cases that are common to …

Local Government Law, R. Perry Sentell

Mercer Law Review

In the early 1950's, condemnation was rare and political suicide. A popular limited access road was being delayed by a farmer. When the State survey crew showed up, the farmer was standing at a fence with his shotgun. He never moved, but the survey crew would not go beyond the fence.

After the Attorney General, District Attorney, and Sheriff failed, the assignment devolved to the County Attorney. I walked up to the fence. "John, we have known each other a long time." "You take one step further," replied the farmer, "and we will not know each other for a longer …

Real Property, Linda S. Finley

Mercer Law Review

This Article discusses case law and legislative developments in Georgia real property law from June 1, 2005 through May 31, 2006. The cases and legislation discussed here were chosen at times for their significance to real property law or to update attorneys who either regularly or from time to time practice or render opinions regarding real property, and at times simply for their unusual or thought-provoking facts.

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article describes the significant Georgia cases and legislation from the period of June 1, 2005 through May 31, 2006 that pertain to Georgia fiduciary law. Specifically, the Article covers cases and legislation on matters relating to wills, trusts, the administration of decedents' estates, and the guardianship and conservatorship of minors and incapacitated adults.

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, Katherine D. Dixon

Mercer Law Review

There was minimal legislation during the 2006 term of the Georgia General Assembly that impacted workers' compensation. In fact, most of the legislative changes could be characterized as general housekeeping measures. For example, Official Code of Georgia Annotated ("O.C.G.A.") section 34-9-104 was changed to make its wording consistent with that found in other sections of the Workers' Compensation Act. The mandate that the employee shall receive notice from the employer was changed to provide that the employer shall send notice to the employee. The time limit for submitting mileage expenses was clarified as running one year from the date that …

Zoning And Land Use Law, Dennis J. Webb Jr., Marcia Mccrory Ernst, Victor A. Ellis, Amitabha Bose, Joseph L. Cooley

Mercer Law Review

This Article provides a succinct and practical analysis of the significant judicial decisions in the area of zoning and land use law handed down by Georgia appellate courts between June 1, 2005 and May 31, 2006. The cases surveyed fall primarily within five categories: (1) condemnation, (2) restrictive covenants, (3) easements, (4) zoning, and (5) miscellaneous.

Reality Check For Production Companies: Why Writers On Reality Television Are Entitled To Overtime Pay, Alexis Miller

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Rethinking Dred Scott: New Context For An Old Case, Austin Allen

Chicago-Kent Law Review

Scholars have misunderstood the context in which Dred Scott emerged. Leading historical interpretations of the decision have relied too heavily on accounts developed by antebellum Republicans and on mid-twentieth-century legal theory. This article offers an alternative account of Dred Scott's origins and argues that the decision emerged from a series of unintended consequences resulting from the Taney Court's efforts to incorporate a Jacksonian vision of governance into constitutional law. By 1857, this effort had generated tensions that made a sweeping decision like Dred Scott nearly unavoidable. The inescapable nature of Dred Scott carries implications for constitutional theorists, especially those …

Honor Thy Father And Mother?: How Intestacy Law Goes Too Far In Protecting Parents, Ronald J. Scalise Jr.

Seton Hall Law Review

No abstract provided.

Thirteen Ways Of Looking At Dred Scott, Jack M. Balkin, Sanford Levinson

Chicago-Kent Law Review

Dred Scott v. Sandford is a classic case that is relevant to almost every important question of contemporary constitutional theory.

Dred Scott connected race to social status, to citizenship, and to being a part of the American people. One hundred fifty years later these connections still haunt us; and the twin questions of who is truly American and who America belongs to still roil our national debates.

Dred Scott is a case about threats to national security and whether the Constitution is a suicide pact. It concerns whether the Constitution follows the flag and whether constitutional rights obtain in federally …