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The Judge As Author / The Author As Judge, Ryan B. Witte
The Judge As Author / The Author As Judge, Ryan B. Witte
Golden Gate University Law Review
The first section of this Article discusses the judge as an author. This section begins with an examination of the audience for judicial opinions and an outline of the different styles of judicial opinion writing. The second section of this Article examines the advantages and disadvantages of using literary tools to advance the law. The third section of this Article explores the role of the author as a judge. This section will study a small number of judges who, in addition to the law, maintain outside lives as authors or creative writers. Judges who fit into this category include authors …
Possession Of Reading Material And Intent To Commit A Crime In United States V. Curtin, Anna L. Benvenue
Possession Of Reading Material And Intent To Commit A Crime In United States V. Curtin, Anna L. Benvenue
Golden Gate University Law Review
The majority opinion in United States v. Curtin held that simple possession of reading material can be evidence of a defendant's criminal intent, even without proof that the accused ever read the materials. Circuit Judge Stephen S. Trott, who wrote the majority decision, overruled prior Ninth Circuit precedent that would have made such evidence inadmissible as irrelevant under Federal Rule of Evidence 401. However, the majority also found the district court judge's failure to properly analyze the evidence under Rule 403 warranted reversal and remand. As a result, the remaining seven judges on the panel filed or joined concurrences, rather …