Law Commons^™

Hosting Settlement Conferences: Effectiveness In The Judicial Role, Wayne Brazil

Wayne Brazil

No abstract provided.

The Honorable William W. Schwarzer: Elevating Visions Of What A Judge Should Be, Wayne Brazil

Wayne Brazil

No abstract provided.

American State Supreme Court Justices, 1900-1970, Robert Kagan, Bobby Infelise, Robert Detlefson

Robert Kagan

No abstract provided.

For Judges: Suggestions About What To Say About Adr At Case Management Conferences--And How To Respond To Concerns Or Objections Raised By Counsel, Wayne Brazil

Wayne Brazil

No abstract provided.

Creating Legal Doctrine, Edward L. Rubin, Malcolm Feeley

Malcolm Feeley

No abstract provided.

Tradition, Judges, And Civil Liberties In Canada, Douglas Hay

Douglas C. Hay

Comments on the role of the first chief justice of Upper Canada, William Osgoode (1754-1824), on shaping the law during a period of "counter-revolutionary and anti-democratic repression throughout the British Empire." Concludes that laws were often presented as emergency legislation that nevertheless effectively became permanent, challenging civil liberties in times of political or social conflict

Advocacy Skills And Ip: Observations From The Bench, Roger Hughes, Giuseppina D'Agostino

Giuseppina D'Agostino

Justice Roger T. Hughes of the Federal Court of Canada shares his experience and talks about the process a judge goes through in arriving at a judgment.

Judicial Rhetoric & Lawyers' Roles, Samuel J. Levine

Samuel J. Levine

Notwithstanding the rich scholarly literature debating the proper roles of lawyers and the precise contours of lawyers’ ethical conduct, as a descriptive matter, the American legal system operates as an adversarial system, premised in part upon clear demarcations between the functions of different lawyers within the system. Broadly speaking, prosecutors have the distinct role of serving justice, which includes the duty to try to convict criminal defendants who are deserving of punishment, in a way that is consistent with both substantive and procedural justice. In contrast, private attorneys have a duty to zealously represent the best interests of their clients, …

Eviction Court And A Judicial Duty Of Inquiry, Harold J. Krent

Harold J. Krent

ABSTRACT

The Illinois Appellate Court in Draper & Kramer v. King reversed a court ordered eviction on the ground that the tenant likely did not appreciate that she had agreed in a settlement to vacate her residence in addition to paying arrears on rent. In the chaotic environment of eviction court proceedings, tenants too often pledge paying back rent without realizing that, at the same time, they have agreed to be evicted and that the court ordered eviction will follow them for the rest of their lives. In Chicago, at least, the potential for confusion is enhanced because the agreed …

Ice Skating Up Hill: Constitutional Challenges To Sec Administrative Proceedings, Thomas Glassman

Thomas S Glassman

Since the inception of the Dodd-Frank Act the Securities and Exchange Commission has come under fire for its increased use of administrative proceedings in adjudicating the agency’s enforcement actions. That criticism has come to several suits in federal court claiming constitutional challenges to the system generally and most recently, the Administrative Law Judges themselves. Until June of 2015, when Hill v. the SEC took place in federal court, the Government was unbeaten in when arguing against these constitutional challenges. Hill, however found that it was likely the SEC had hired their Administrative Law Judges unconstitutionally. The SEC Administrative Law Judges …

First Amendment - Does Media Coverage Influence The Outcome Of Judicial Decisions?, Bruce Fein, Rodney A. Smolla

Rod Smolla

No abstract provided.

Using Occam’S Razor To Solve International Attorney-Client Privilege Choice Of Law Issues: An Old Solution To A New Problem, Nathan M. Crystal, Francesca Giannoni-Crystal

Nathan M. Crystal

The practice of law is increasingly becoming “delocalized.” Globalization and the use of technology are two important factors in this fundamental change in practice. Delocalization is affecting almost all areas of practice, including issues involving attorney-client privilege (ACP). To some extent the choice-of-law rules governing ACP are also – like other fields of the law - being “delocalized,” but in our view only partially. This paper discusses six approaches to choice of law issues governing ACP that are being used by the courts. Aside from the traditional lex loci approach (which simply applies the law of the forum to the …

Ruth Bader Ginsburg's Jurisprudence Of Opportunity And Equality, Deborah Jones Merritt, David M. Lieberman

David Lieberman

No abstract provided.

Judicial Workload: Time, Tasks And Work Organisation, Kathy Mack, Anne Wallace, Sharyn Roach Anleu

Anne Wallace Professor

[No abstract available]

"The Hindrance Of A Law Degree": Justice Kagan On Law And Experience, Laura Krugman Ray

Laura K. Ray

No abstract provided.

The Not So Great Writ: Constitution Lite For State Prisoners, Ursula Bentele

Ursula Bentele

Examination of the universe of cases in which the Supreme Court has recently reversed grants of federal habeas relief by circuit courts by issuing summary, per curiam opinions reveals some disturbing patterns. Substantively, the opinions continue the Court’s narrow interpretation of what law has been so clearly established that state courts must abide by its constitutional principles. Moreover, any rejection of a constitutional claim must be upheld unless there is no possibility that fairminded jurists could disagree with that determination. In terms of process, the summary reversals are issued in response to petitions for review by wardens, when the petitioners …

Impartiality And Independence: Misunderstood Cousins, James E. Moliterno

James E. Moliterno

No abstract provided.

The Rise Of Judicial Governance In The Supreme Court Of India, Manoj Mate

Manoj S. Mate

When Judges Have Reasons Not To Give Reasons: A Comparative Law Approach, Mathilde Cohen

Mathilde Cohen

Cognitive Fallacies Reading List, Curtis E.A. Karnow

Curtis E.A. Karnow

Reading list of books, articles, reports, and other material relating to cognitive fallacies, i.e., errors in reasoning which affect us all, including lawyers and judges. These errors in turn affect lawyers’ competence and judges’ ability to provide fair, impartial and well-reasoned decisions.

Juror Bias, Voir Dire, And The Judge-Jury Relationship (Symposium), Nancy S. Marder

Nancy S. Marder

No abstract provided.