Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 6 of 6

Full-Text Articles in Law

Leach, Billy (Fa 1040), Manuscripts & Folklife Archives Aug 2017

Leach, Billy (Fa 1040), Manuscripts & Folklife Archives

FA Finding Aids

Finding aid only for Folklife Archives Project 1040. Paper titled "Folklore in the Kentucky Courtroom" in which Billy Leach challenges courtroom stereotypes by collecting anecdotal evidence from a local judge.


Judging Justice - How Solicitors' Expertise Can Improve The Courts System, Brian M. Barry Aug 2017

Judging Justice - How Solicitors' Expertise Can Improve The Courts System, Brian M. Barry

Reports

This article details the initial findings of a nationwide interview study undertaken by the author of litigation solicitors in Ireland on their views of the Irish courts system and the Irish judiciary.


Courts And Arbitration: Reconciling The Public With The Private, Susan L. Karamanian Aug 2017

Courts And Arbitration: Reconciling The Public With The Private, Susan L. Karamanian

Arbitration Law Review

No abstract provided.


Tailored Judicial Selection, Dmitry Bam Jul 2017

Tailored Judicial Selection, Dmitry Bam

University of Arkansas at Little Rock Law Review

No abstract provided.


Injustice Under Law: Perpetuating And Criminalizing Poverty Through The Courts, Judge Lisa Foster May 2017

Injustice Under Law: Perpetuating And Criminalizing Poverty Through The Courts, Judge Lisa Foster

Georgia State University Law Review

Money matters in the justice system. If you can afford to purchase your freedom pretrial, if you can afford to immediately pay fines and fees for minor traffic offenses and municipal code violations, if you can afford to hire an attorney, your experience of the justice system both procedurally and substantively will be qualitatively different than the experience of someone who is poor. More disturbingly, through a variety of policies and practices—some of them blatantly unconstitutional—our courts are perpetuating and criminalizing poverty. And when we talk about poverty in the United States, we are still talking about race, ethnicity, and …


Blackstone, Expositor And Censor Of Law Both Made And Found, Jessie Allen Jan 2017

Blackstone, Expositor And Censor Of Law Both Made And Found, Jessie Allen

Book Chapters

Jeremy Bentham famously insisted on the separation of law as it is and law as it should be, and criticized his contemporary William Blackstone for mixing up the two. According to Bentham, Blackstone costumes judicial invention as discovery, obscuring the way judges make new law while pretending to uncover preexisting legal meaning. Bentham’s critique of judicial phoniness persists to this day in claims that judges are “politicians in robes” who pick the outcome they desire and rationalize it with doctrinal sophistry. Such skeptical attacks are usually met with attempts to defend doctrinal interpretation as a partial or occasional limit on …