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Articles 1 - 30 of 35
Full-Text Articles in Law
When Machines Can Be Judge, Jury, And Executioner: Justice In The Age Of Artificial Intelligence (Book Review), Stacy Fowler
When Machines Can Be Judge, Jury, And Executioner: Justice In The Age Of Artificial Intelligence (Book Review), Stacy Fowler
Faculty Articles
In When Machines Can Be Judge, Jury, and Executioner, former federal judge Katherine Forrest raises concerns over the pervasive use of artificial intelligence (AI) in the American justice system to produce risks and need assessments (RNA) regarding the probability of recidivism for citizens charged with a crime. Forrest’s argument centers on AI’s primary focus on utilitarian outcomes when assessing liberty for individual citizens. This approach leads Forrest to the conclusion that in its current form, AI is “ill-suited to the criminal justice context.” Forrest contends that AI should instead be programmed to focus on John Rawl’ 'concept of justice as …
Trial Handbook For Maine Lawyers, Joel C. Martin
Trial Handbook For Maine Lawyers, Joel C. Martin
Maine Law Review
Lawyers Cooperative Publishing has issued trial handbooks for practitioners in some twenty-three states. One now appears for Maine lawyers, under the supervision of Bob Stolt of the Maine Bar. Trial Handbook for Maine Lawyers is a single-volume compendium of Maine precedent and practice as they relate to trials. Excluding the discovery matters that precede the trial and the appeal that may follow it, the book focuses on the actual conduct of the trial, from jury selection to verdict and judgment. In between, it covers the necessary matters: opening statements, the order and burden of proof, examination of witnesses, evidence, damages, …
The D'Oh! Of Popular Constiutitonalism, Neal Devins
The D'Oh! Of Popular Constiutitonalism, Neal Devins
Neal E. Devins
No abstract provided.
The Democracy-Forcing Constitution, Neal Devins
Book Review Of The Second American Revolution, Neal Devins
Book Review Of The Second American Revolution, Neal Devins
Neal E. Devins
No abstract provided.
Book Review Of Clement Haynsworth, The Senate, And The Supreme Court, Davison M. Douglas
Book Review Of Clement Haynsworth, The Senate, And The Supreme Court, Davison M. Douglas
Davison M. Douglas
No abstract provided.
To Compare Or Not To Compare? Reading Justice Breyer, Russell A. Miller
To Compare Or Not To Compare? Reading Justice Breyer, Russell A. Miller
Russell A. Miller
Justice Breyer's new book The Court and the World presents a number of productive challenges. First, it provides an opportunity to reflect generally on extra-judicial scholarly activities. Second, it is a major and important - but also troubling - contribution to debates about comparative law broadly, and the opening of domestic constitutional regimes to external law and legal phenomena more specifically. I begin by suggesting a critique of the first of these points. These are merely some thoughts on the implications of extra-judicial scholarship. The greater portion of this essay, however, is devoted to a reading of Justice Breyer's book, …
On Appeal: Courts, Lawyering, And Judging, Richard L. O'Meara
On Appeal: Courts, Lawyering, And Judging, Richard L. O'Meara
Maine Law Review
If one were to ask the members of the Maine legal community to define the term “judicial temperament,” many would answer the question simply by referring to Frank Coffin. Judge Coffin's newest book, On Appeal: Courts, Lawyering, and Judging, illustrates why the Judge has earned such overwhelming respect. This highly personal work permits readers a glimpse “behind the scenes” at the judicial life of a man who has forged a highly successful career of public service marked by sensitive, fair, and well-reasoned decision-making and by good-humored, collegial relationships with all of his colleagues in the legal community and beyond.
On Appeal: Courts, Lawyering, And Judging, John P. Frank
On Appeal: Courts, Lawyering, And Judging, John P. Frank
Maine Law Review
Judge Coffin, a former Chief Justice of the United States Court of Appeals for the First Circuit, a former United States Congressman, a former Executive Department administrator, is -- despite those “formers” -- presently a very bright and engaging writer. This compact volume has worthwhile things to say on every aspect of appeals, briefing, argument, deciding the cases, and getting out the opinions. It crisply touches all the appeals phases in which we practitioners are interested.
Basic Trial Advocacy, Michael W. Mullane
Basic Trial Advocacy, Michael W. Mullane
Maine Law Review
Mary Crates taught me to “begin as you mean to go on.” Peter Murray's book is a good place to begin for those embarking on a life of trial advocacy. For those of us whose beginnings are distant and often painful memories, it is an excellent reminder of where we meant to go. Trial advocacy is an infinitely complex task. This simple fact is both its joy and curse. Teaching trial advocacy is equally difficult. There is no “never” and no “always.” There is a host of commonly accepted maxims, many of which are contradictory on their face and all …
To Compare Or Not To Compare? Reading Justice Breyer, Russell A. Miller
To Compare Or Not To Compare? Reading Justice Breyer, Russell A. Miller
Scholarly Articles
Justice Breyer's new book The Court and the World presents a number of productive challenges. First, it provides an opportunity to reflect generally on extra-judicial scholarly activities. Second, it is a major and important - but also troubling - contribution to debates about comparative law broadly, and the opening of domestic constitutional regimes to external law and legal phenomena more specifically. I begin by suggesting a critique of the first of these points. These are merely some thoughts on the implications of extra-judicial scholarship. The greater portion of this essay, however, is devoted to a reading of Justice Breyer's book, …
Truthiness And The Marble Palace, Chad M. Oldfather, Todd C. Peppers
Truthiness And The Marble Palace, Chad M. Oldfather, Todd C. Peppers
Scholarly Articles
Tucked inside the title page of David Lat’s Supreme Ambitions, just after a note giving credit for the cover design and before the copyright notice, sits a standard disclaimer of the sort that appears in all novels: “This is a work of fiction. Names, characters, places, and events either are the products of the author’s imagination or are used fictitiously. Any resemblance to actual persons, living or dead, events or locales is entirely coincidental.” These may be the most truly fictional words in the entire book. Its judicial characters are recognizable as versions of real judges, including, among others, …
Book Review: Robert Kolb, The International Court Of Justice, Chiara Giorgetti
Book Review: Robert Kolb, The International Court Of Justice, Chiara Giorgetti
Law Faculty Publications
Robert Kolb's The International Court of Justice is a monumental tribute to the enormous historical and legal contributions of the International Court of Justice (ICJ) and its predecessor. the Permanent Court of International Justice (PCIJ), as well as an excellent resource about the complex procedural provisions of both institutions. Kolb, a professor of public international law at the University of Geneva, wrote the original version in French (La Cour internntionale de justice (published by Pedone in 2013)), and he slightly updated it for the English version reviewed here. Alan Perry, solicitor of The Senior Courts of England and Wales, translated …
Bernard S. Meyer Et Al., The History Of The New York Court Of Appeals, 1932-2003, Meredith R. Miller
Bernard S. Meyer Et Al., The History Of The New York Court Of Appeals, 1932-2003, Meredith R. Miller
Touro Law Review
No abstract provided.
A Modest Memoir: Justice Stevens’S Supreme Court Life, Laura K. Ray
A Modest Memoir: Justice Stevens’S Supreme Court Life, Laura K. Ray
Laura K. Ray
No abstract provided.
Displacing The Judiciary: Customary Law And The Threat Of A Defensive Tribal Council: A Book Review Of Raymond D. Austin, Navajo Courts And Navajo Common Law: A Tradition Of Tribal Self-Governance (2009), Ezra Rosser
American Indian Law Review
No abstract provided.
The D'Oh! Of Popular Constiutitonalism, Neal Devins
The D'Oh! Of Popular Constiutitonalism, Neal Devins
Faculty Publications
No abstract provided.
Aliens In Our Midst Post-9/11: Legislating Outsider-Ness Within The Borders, Sylvia R. Lazos, Raquel E. Aldana
Aliens In Our Midst Post-9/11: Legislating Outsider-Ness Within The Borders, Sylvia R. Lazos, Raquel E. Aldana
Scholarly Works
Three recent books written by Professors Bill Ong Hing, Kevin R. Johnson, and Victor C. Romero provide skillfully crafted roadmaps with which to understand the key emerging issues that will shape immigration law well into the next decade: the relationship of immigration control to national security. This Review captures the insights provided by these three authors to examine the restrictive laws and policies aimed at noncitizens in the name of national security as highlighted by the current efforts to federalize driver’s licenses. As this Review explains, these three books map the current antagonistic attitudes towards noncitizens post 9/11, and serve …
Book Review Of Steven Harmon Wilson’S The Rise Of Judicial Management In The U.S. District Court, Southern District Of Texas, Edward A. Purcell Jr.
Book Review Of Steven Harmon Wilson’S The Rise Of Judicial Management In The U.S. District Court, Southern District Of Texas, Edward A. Purcell Jr.
Other Publications
No abstract provided.
Book Review Of Steven Harmon Wilson’S The Rise Of Judicial Management In The U.S. District Court, Southern District Of Texas, Edward A. Purcell Jr.
Book Review Of Steven Harmon Wilson’S The Rise Of Judicial Management In The U.S. District Court, Southern District Of Texas, Edward A. Purcell Jr.
Other Publications
No abstract provided.
The Unsettling Of The West: How Indians Got The Best Water Rights, David H. Getches
The Unsettling Of The West: How Indians Got The Best Water Rights, David H. Getches
Publications
No abstract provided.
Book Review: We The People: The Fourteenth Amendment And The Supreme Court, S. I. Strong
Book Review: We The People: The Fourteenth Amendment And The Supreme Court, S. I. Strong
Faculty Publications
Never one to shirk a challenge, Michael Perry has taken on the difficult task of investigating whether, as charged by a number of prominent social and legal commentators, "the modern Supreme Court, in the name of the Fourteenth Amendment [to the US Constitution], [has] usurped prerogatives and made choices that properly belong to the electorally accountable representatives of the American people," and if so, to what extent (p. 8). Perry makes no attempt to address every facet of Fourteenth Amendment doctrine, but instead focuses his discussion on some of the most controversial topics: racial segregation, affirmative action, discrimination on the …
The Democracy-Forcing Constitution, Neal Devins
The Democracy-Forcing Constitution, Neal Devins
Faculty Publications
No abstract provided.
Liberalism And Abortion, Robin West
Liberalism And Abortion, Robin West
Georgetown Law Faculty Publications and Other Works
First in a groundbreaking book, Breaking the Abortion Deadlock: From Choice to Consent, published in 1996, then in various public fora, from academic conference panels to Christian radio call-in shows, and now in a major law review article entitled My Body, My Consent: Securing the Constitutional Right to Abortion Funding, Eileen McDonagh has sought to redefine drastically our understanding of the still deeply contested right to an abortion, and hence, of the nature of the constitutional protections which in her view this embattled right deserves. Her argument is complicated and subtle, but its basic thrust can be readily …
Book Review Of Reclaiming The Federal Courts, By Larry W. Yackle., Edward A. Purcell Jr.
Book Review Of Reclaiming The Federal Courts, By Larry W. Yackle., Edward A. Purcell Jr.
Other Publications
No abstract provided.
Book Review —The Federal Courts: Challenge And Reform, Roger J. Miner '56
Book Review —The Federal Courts: Challenge And Reform, Roger J. Miner '56
Book Reviews
No abstract provided.
Constitutional Fictions And Meritocratic Success Stories, Robin West
Constitutional Fictions And Meritocratic Success Stories, Robin West
Georgetown Law Faculty Publications and Other Works
L.H. LaRue demonstrates in his book, Constitutional Law as Fiction, that, at least in the realm of constitutional law, there is no simple correspondence between fiction and falsehood, or fact and truth. Partial or fictive accounts of our constitutional history, even when they are riddled with inaccuracies, may state deep truths about our world, and accurate recitations of historical events may be either intentionally or unintentionally misleading in the extreme. According to LaRue, the Supreme Court engages in a form of storytelling or myth-making that goes beyond the inevitably partial narratives of fact and precedent. The Supreme Court also tells …
Book Review Of Clement Haynsworth, The Senate, And The Supreme Court, Davison M. Douglas
Book Review Of Clement Haynsworth, The Senate, And The Supreme Court, Davison M. Douglas
Faculty Publications
No abstract provided.
Judicial Matters, Neal Devins
Book Review, Richard B. Collins