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Articles 1 - 30 of 82
Full-Text Articles in Law
The Lawyer’S Professional Duty To Encourage Respect For—And To Improve—The Administration Of Justice: Lessons From Failures By Attorneys General, Andrew Flavelle Martin
The Lawyer’S Professional Duty To Encourage Respect For—And To Improve—The Administration Of Justice: Lessons From Failures By Attorneys General, Andrew Flavelle Martin
Articles, Book Chapters, & Popular Press
The lawyer’s duty to encourage respect for the administration of justice remains largely amorphous and abstract. In this article, I draw lessons about this duty from historical instances in which Attorneys General inappropriately criticized judges. Not only are Attorneys General some of the highest-profile lawyers in the country, but they also face unique tensions and pressures that bring their duties as lawyers into stark relief. I focus on the two instances where law societies sought to discipline Attorneys General for such criticism of judges, as well as a more recent instance in which no discipline proceedings were pursued. I also …
Courts Without Court, Andrew G. Ferguson
Courts Without Court, Andrew G. Ferguson
Vanderbilt Law Review
What role does the physical courthouse play in the administration of criminal justice? This Article uses recent experiments with virtual courts to reimagine a future without criminal courthouses at the center. The key insight of this Article is to reveal how integral physical courts are to carceral control and how the rise of virtual courts helps to decenter power away from judges. This Article examines the effects of online courts on defendants, lawyers, judges, witnesses, victims, and courthouse officials and offers a framework for a better and less court-centered future. By studying post-COVID-19 disruptions around traditional conceptions of place, time, …
Ethical Considerations For Attorneys Researching Jurors On The Internet, Anthony M. Lapinta
Ethical Considerations For Attorneys Researching Jurors On The Internet, Anthony M. Lapinta
Journal of Race, Gender, and Ethnicity
No abstract provided.
Misplaced Constitutional Rights, Brandon L. Garrett
Misplaced Constitutional Rights, Brandon L. Garrett
Faculty Scholarship
Constitutional rulings risk an unnoticed type of mission creep: misplacement through adoption in settings that they were not designed to regulate. This Article describes how in a set of important areas—and sometimes despite the Supreme Court’s explicit cautionary language—constitutional rules have taken hold outside of the settings that they were primarily designed to regulate, providing unanticipated additions to rules and practice. Constitutional rights and standards are often context limited to particular government actors, procedural settings, or remedies. Based on the text of the Constitution or precedent, some rights apply only during civil cases, while others apply only during criminal cases; …
Visiting Judges, Marin K. Levy
Visiting Judges, Marin K. Levy
Faculty Scholarship
Despite the fact that Article III judges hold particular seats on particular courts, the federal system rests on judicial interchangeability. Hundreds of judges “visit” other courts each year and collectively help decide thousands of appeals. Anyone from a retired Supreme Court Justice to a judge from the U.S. Court of International Trade to a district judge from out of circuit may come and hear cases on a given court of appeals. Although much has been written about the structure of the federal courts and the nature of Article III judgeships, little attention has been paid to the phenomenon of “sitting …
Funding Justice: The Budget Of The Maine Judicial Branch-We Did Get There From Here, Leigh I. Saufley
Funding Justice: The Budget Of The Maine Judicial Branch-We Did Get There From Here, Leigh I. Saufley
Maine Law Review
The budget for the administration of justice in the State of Maine is a study in contrasts. During the last two decades, the lack of sufficient dollars appropriated to Maine Judicial Branch and the impact that this underfunding has had on people seeking access to justice have created consistent concerns for leaders in the Judicial Branch as well as for those in the Executive and Legislative Branches. Despite these challenges, however, the administrative structure of the Maine Judicial Branch stands as a model for states across the country. Understanding the genesis of this contrast will be critical to planning for …
Race, Class, And Access To Civil Justice, Sara Sternberg Greene
Race, Class, And Access To Civil Justice, Sara Sternberg Greene
Faculty Scholarship
After many years of inattention, policymakers are now focused on troubling statistics indicating that members of poor and minority groups are less likely than their higher-income counterparts to seek help when they experience a civil justice problem. Indeed, roughly three-quarters of the poor do not seek legal help when they experience a civil justice problem, and inaction is even more pronounced among poor blacks. Past work on access to civil justice largely relies on unconfirmed assumptions about the behavior patterns and needs of those experiencing civil justice problems. At a time when increased attention and resources are being devoted to …
The Study Of Chinese Law In The United States: Reflections On The Past And Concerns About The Future, Stanley Lubman
The Study Of Chinese Law In The United States: Reflections On The Past And Concerns About The Future, Stanley Lubman
Stanley Lubman
I first survey the development and current state of the field by reviewing American scholarship on some major areas of Chinese law from those early days up to the present. Then, against this background, I comment on the current scene and address the challenges that Chinese law continues to present to Western attempts at understanding China.
Ghana’S Jury System On Trial, Dennis D. Adjei
Ghana’S Jury System On Trial, Dennis D. Adjei
Duke Law Master of Judicial Studies Theses
Civil cases in Ghana are tried by the bench. Criminal cases are also handled by bench trials, except for certain indictable offenses, which may be tried by a judge or jury. Not all serious offenses are tried by jury. And a trend is developing away from jury to bench trials. For example, treason is punishable by death, but the case is determined in a bench trial by three High Court Judges. Robbery, which had been an indictable offense, is now tried by either jury or bench trial at the discretion of the Attorney-General; and prosecutors consistently have been opting for …
Chief Justice Warren's Neglected Accomplishments In Federal Judicial Administration , James A. Gazell
Chief Justice Warren's Neglected Accomplishments In Federal Judicial Administration , James A. Gazell
Pepperdine Law Review
No abstract provided.
The Evolution Of A New International System Of Justice In The United Nations: The First Sessions Of The United Nations Appeals Tribunal, Tamara A. Shockley
The Evolution Of A New International System Of Justice In The United Nations: The First Sessions Of The United Nations Appeals Tribunal, Tamara A. Shockley
San Diego International Law Journal
In this overview of the new U.N. administration of justice system, a review has been undertaken of the evolution of the process from the former internal justice system to the development of the new administration of justice system. The Appeals Tribunal had a partially blank slate upon which to begin a new jurisprudence in international administrative law. In the first two sessions, the Appeals Tribunal decided upon a wide range of issues ranging from receivability, case management, disciplinary measures and pension cases. As the U.N. attempts to reform and streamline its bureaucratic structure for the 21st century, the judicial tribunals …
"The Evolution Of A New International System Of Justice In The United Nations: The First Sessions Of The United Nations Appeals Tribunal", Tamara A. Shockley
"The Evolution Of A New International System Of Justice In The United Nations: The First Sessions Of The United Nations Appeals Tribunal", Tamara A. Shockley
Tamara A. Shockley
“The Evolution of a New International System of Justice in the United Nations: The First Sessions of the United Nations Appeals Tribunal” Tamara A. Shockley ABSTRACT The United Nations created a new legal system of administration of justice which went into effect on 1 July 2009. The General Assembly recognized that a transparent, impartial and effective system of administration of justice was needed to ensure the fair and just treatment of United Nations staff members. Based on a review of the administration of justice system by an external and independent panel, the Secretary-General recommended and the General Assembly approved a …
The Persistent Cultural Script Of Judicial Dispassion, Terry A. Maroney
The Persistent Cultural Script Of Judicial Dispassion, Terry A. Maroney
Vanderbilt Law School Faculty Publications
In contemporary Western jurisprudence it is never appropriate for emotion - anger, love, hatred, sadness, disgust, fear, joy - to affect judicial decision-making. A good judge should feel no emotion; if she does, she puts it aside. To call a judge emotional is a stinging insult, signifying a failure of discipline, impartiality, and reason. Insistence on judicial dispassion is a cultural script of unusual longevity and potency. But not only is the script wrong as a matter of human nature - emotion does not, in fact, invariably tend toward sloppiness, bias, and irrationality - but it is not quite so …
Emotional Regulation And Judicial Behavior, Terry A. Maroney
Emotional Regulation And Judicial Behavior, Terry A. Maroney
Vanderbilt Law School Faculty Publications
Judges are human and experience emotion when hearing cases, though the standard account of judging long has denied that fact. In the post-Realist era it is possible to acknowledge that judges have emotional reactions to their work, yet our legal culture continues to insist that a good judge firmly puts those reactions aside. Thus, we expect judges to regulate their emotions, either by preventing emotion’s emergence or by walling off its influence. But judges are given precisely no direction as to how to engage in emotional regulation.
This Article proposes a model for judicial emotion regulation that goes beyond a …
Access To Justice In Times Of Fiscal Crisis, Chief Justice Ronald M. George
Access To Justice In Times Of Fiscal Crisis, Chief Justice Ronald M. George
Golden Gate University Law Review
Ronald M. George is the 27th Chief Justice of the California Supreme Court. He delivered this address at the Golden Gate University School of Law on October 20, 2009.
The Monster In The Television: The Media's Contribution To The Consumer Litigation Boogeyman, Kimberlianne Podlas
The Monster In The Television: The Media's Contribution To The Consumer Litigation Boogeyman, Kimberlianne Podlas
Golden Gate University Law Review
This Article investigates and quantifies television's, specifically syndi-court's, function as a messenger of norms regarding litigation and litigiousness. After acknowledging the pervasiveness of litigation anxiety within the business world, the Article outlines deleterious effect of that anxiety on litigation management. It is suggested that restricting litigation management to traditional models of rational analysis - models that ignore the individual rationality of consumer plaintiffs - fails to achieve the goal of accurately assessing litigation risk.
Summaries: Constitutional Law, Tova Zeff, Samuel Santistevan, Martis Mcallister, Douglas M. Buchanan
Summaries: Constitutional Law, Tova Zeff, Samuel Santistevan, Martis Mcallister, Douglas M. Buchanan
Golden Gate University Law Review
No abstract provided.
Constitutional Law, James Gaspich, Blaise Curet
Constitutional Law, James Gaspich, Blaise Curet
Golden Gate University Law Review
No abstract provided.
The New African Law: Beyond The Difference Between Common Law And Civil Law, Salvatore Mancuso
The New African Law: Beyond The Difference Between Common Law And Civil Law, Salvatore Mancuso
Annual Survey of International & Comparative Law
The current investments into African countries are limited as a result of the judicial and juridical insecurity. As such, there is a strong need to rebuild the respective legal systems in order to enhance investors' reliance and to further attract foreign investment. The idea of the unification of African laws has been considered as the only solution to eliminate obstacles to development amounting from the judicial differences among the varying African nations. Such a change would give the countries joining the process of regional integration the opportunity to assert their interests in a stronger and more confident manner within the …
The Role Of Expert Witnesses In German And U.S. Civil Litigation, Sven Timmerbeil
The Role Of Expert Witnesses In German And U.S. Civil Litigation, Sven Timmerbeil
Annual Survey of International & Comparative Law
The U.S. and German civil trial systems differ not only in many details but also regarding their fundamentals. The U.S. civil trial system seems to be basically a battle of the parties in which the lawyers are protagonists and warlords. The judge has most often only a passive role. In contrast, in German civil litigation, the judge generally has a very active role. The judge controls the proceedings, examines the witnesses and is always the decision maker. Other differences include the lack of pre-trial discovery in Germany and the important role of court experts in German civil litigation. Due to …
If We Don’T Get Civil Gideon: Trying To Make The Best Of The Civil-Justice Market, Thomas D. Rowe Jr.
If We Don’T Get Civil Gideon: Trying To Make The Best Of The Civil-Justice Market, Thomas D. Rowe Jr.
Faculty Scholarship
This article considers what market-oriented or market-regulation approaches might be most practical and helpful in trying to satisfy unmet civil legal-service needs and how much it appears that such approaches may be able to succeed in doing so.
Statement On The Functions And Future Of Appellate Lawyers, The American Academy Of Appellate Lawyers
Statement On The Functions And Future Of Appellate Lawyers, The American Academy Of Appellate Lawyers
The Journal of Appellate Practice and Process
No abstract provided.
Introduction To Symposium: Homophobia In The Halls Of Justice: Sexual Orientation Bias And Its Implications Within The Legal System, Pamela D. Bridgewater, Brenda V. Smith
Introduction To Symposium: Homophobia In The Halls Of Justice: Sexual Orientation Bias And Its Implications Within The Legal System, Pamela D. Bridgewater, Brenda V. Smith
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Introduction To Symposium: Homophobia In The Halls Of Justice: Sexual Orientation Bias And Its Implications Within The Legal System, Pamela D. Bridgewater, Brenda V. Smith
Introduction To Symposium: Homophobia In The Halls Of Justice: Sexual Orientation Bias And Its Implications Within The Legal System, Pamela D. Bridgewater, Brenda V. Smith
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Opening Remarks, Michael B. Shortnacy
Opening Remarks, Michael B. Shortnacy
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Opening Remarks, Michael B. Shortnacy
Opening Remarks, Michael B. Shortnacy
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Practicing "In The Interests Of Justice" In The Twenty-First Century: Pursuing Peace As Justice, Carrie Menkel-Meadow
Practicing "In The Interests Of Justice" In The Twenty-First Century: Pursuing Peace As Justice, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
In these comments I suggest that in our current world, both international and domestic, practicing "in the interests of justice" includes-indeed, should give great priority to-the "peace-seeking" and "problem solving" aspects of lawyering. I continue to see this as counter-cultural to the more common practices of lawyers who are argumentative, persuasive and articulate debaters, who believe fervently and vigorously that seeking justice, on behalf of a client or cause, means advocating for and "winning" a legal claim. To the contrary, seeking peace for parties (and, indeed, nation-states) in conflict, searching for consensus solutions to seemingly intractable public policy and legal …
Lawyers, Jails, And The Law’S Fake Bargains, Michael E. Tigar
Lawyers, Jails, And The Law’S Fake Bargains, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews
Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews
Articles & Chapters
This Article addresses the issue of violence against Aboriginal women. Part I concerns the historical violenceagainst Aboriginal people generally, and Part II concerns violence against Aboriginal women in particular. Part III considers how the priorities and perspectives of Aboriginal women and non-Aboriginal women differ insignificant ways despite their congruence in others. In particular, the Article evaluates the awkward relationship between Aboriginal women and the largely white feminist movement in Australia as a consequence of these different priorities and perspectives, and suggests how political victories for white or non-Aboriginal women could be translated into gains for Aboriginal women. The fourth part …