Courts Commons^™

An Unfair Cross Section: Federal Jurisdiction For Indian Country Crimes Dismantles Jury Community Conscience, Alana Paris

Northwestern Journal of Law & Social Policy

Under the Sixth Amendment to the United States Constitution, federal jury pools must reflect a fair cross section of the community in which a crime is prosecuted and from which no distinct group in the community is excluded. The community in which a crime is prosecuted varies widely in Indian country based on legislative reforms enacted by Congress to strip indigenous populations of their inherent sovereignty. Under the Major Crimes Act, the federal government has the right to adjudicate all serious crimes committed by one American Indian against another American Indian or non-Indian within Indian country. American Indian defendants under …

To Cite Or Not To Cite: Is That Still A Question, Deborah L. Heller

Elisabeth Haub School of Law Faculty Publications

Some states still restrict the citation of unpublished opinions, and the rules among the federal circuits vary slightly as well. This article looks at the history of case publication, the controversy over unpublished opinions, and the current rules related to the citation of unpublished cases.

Statewide Judicial Emergency: Judicial Order By The Supreme Court Of Georgia Declaring A Statewide Judicial Emergency, Stephanie J. Remy, Brittiny K. Slicker

Georgia State University Law Review

The Supreme Court of Georgia issued an Order declaring a Statewide Judicial Emergency to reduce the transmission of COVID-19 throughout the State of Georgia. The courts remained open to address essential functions, as defined within the Order. Additionally, all deadlines and other filing requirements were extended or tolled. Throughout the counties in Georgia, different courts released Orders outlining how they would follow the Judicial Emergency Order from the Supreme Court of Georgia. The Judicial Emergency Order had been extended four times as of August 1, 2020.

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 12-2020, Barry Bridges, Michael M. Bowden, Nicole Dyszlewski, Louisa Fredey

Life of the Law School (1993- )

No abstract provided.

The Ambiguity And Unfairness Of Dismissing Bad Writing, Benjamin D. Raker

Cleveland State Law Review

Courts routinely choose to explicitly dismiss arguments and issues raised by parties, regardless of their merit, based on unexplained determinations that the briefing was bad. This practice, which I call abandonment by poor presentation, is sometimes justified by practicality, by pointing to federal and local rules, by waiver and forfeiture doctrines, and by the norm of party presentation. None of these justifications hold water. I contend that the real reason judges find abandonment by poor presentation is agenda control: judges rely on the practice as a means of retaining control over how they decide cases. This unexplained, poorly justified, and …

Law School News: 'Law Isn't A Foreign Language Anymore' 11/24/2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

We Must Restore Americans' Faith In Our Federal Bench, A. Benjamin Spencer

Popular Media

No abstract provided.

Avoiding Judicial Discipline, Veronica Root Martinez

Northwestern University Law Review

Over the past several years, several high-profile complaints have been levied against Article III judges alleging improper conduct. Many of these complaints, however, were dismissed without investigation after the judge in question removed themselves from the jurisdiction of the circuit’s judicial council—oftentimes through retirement and once through elevation to the Supreme Court. When judges—the literal arbiters of justice within American society—are able to elude oversight of their own potential misconduct, it puts the legitimacy of the judiciary and the rule of law in jeopardy.

This Essay argues that it is imperative that mechanisms are adopted that will ensure investigations into …

Supreme Court Institute Annual Report, 2019-2020, Georgetown University Law Center, Supreme Court Institute

SCI Papers & Reports

During the U.S. Supreme Court’s October Term (OT) 2019—corresponding to the 2019-2020 academic year—the Supreme Court Institute (SCI) provided moot courts for advocates in 100% of the cases heard by the Supreme Court, offered a variety of programs related to the Court, and continued to integrate the moot court program into the Law Center curriculum. As in past Terms, the varied affiliations of advocates mooted this Term reflect the SCI’s commitment to assist advocates without regard to the party represented or the position advanced.

The OT 2019 Term was significantly impacted by the COVID-19 Pandemic. The Supreme Court cancelled its …

Savenda Management Services Limited V Stanbic Bank Zambia Limited & Gregory Chifire (Alleged Contemnor) (Appeal No. 37/2017) [2018] Zmsc 11, Mwami Kabwabwa

SAIPAR Case Review

Adjudicators have a social responsibility. When the Judiciary/judges carry out their constitutional mandate of dispensing justice it is critical to bear in mind that judges carry a level of responsibility for the impact that their decisions have on society. For this reason, judges ought to be held responsible for every judgment they render either good or bad. Contempt is an exceedingly powerful instrument in the hands of the courts to tame the conduct and behaviour of lawyers and lay people who come into contact with judicial authority. Like any other power, the exercise of contempt power has to be checked. …

Preface, Jamie H. Wood

University of Richmond Law Review

No abstract provided.

Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey

University of Richmond Law Review

The 2020 Virginia General Assembly addressed a wide variety of matters affecting wills, trusts, and estates, ranging from a new article of the Virginia Uniform Trust Code and an expanded partition procedure to a $2 increase in the circuit court clerk’s recordation fees. Among the most helpful were new rules that clarify and expand the powers and responsibilities of non-trustees who may direct the trustee on certain issues and a revised procedure for partitioning real property while protecting the rights and interests of co-owners. The legislature also dealt with fiduciary issues, including express authorization for multiple-party bank accounts, additional duties …

Virginia’S Physician-Only Law For First Trimester Abortion: Maintaining The Unduly Burdensome Law Under Falls Church Medical Center, Llc V. Oliver And Its Subsequent Amendment, Emily M. Gindhart

University of Richmond Law Review

This Comment seeks to critique the Falls Church Medical Center’s holding that Virginia’s first-trimester physician-only law is not an undue burden on the right to abortion. Part I is an overview of the physician-only law, discussing the historical roots of the law, the impacts of the law on access to first-trimester abortion, related laws in other jurisdictions, and a survey of research conducted on the overall safety and effectiveness of APCs as abortion providers. Part II is an overview of the Falls Church Medical Center’s three decisions. Part III is an undue burden analysis of the physician-only law, …

Readying Virginia For Redistricting After A Decade Of Election Law Upheaval, Henry L. Chambers Jr.

University of Richmond Law Review

Until Virginians approved Constitutional Amendment 1 in November 2020, the Virginia Constitution required the General Assembly redraw Virginia’s state legislative and congressional electoral districts every ten years in the wake of the national census.1 Redistricting culminated in the adoption of legislation redefining those districts. If the redistricting process had worked as intended after the 2010 census, electoral districts would have been redrawn and adopted by the General Assembly in 2011, approved by the Governor, and used for the ensuing decade. The redistricting process did not work as the Virginia Constitution contemplated. The General Assembly redrew, and the Governor approved, state …

Inside State Courts: Improving The Market For State Trial Court Law Clerks, Judson R. Peverall

University of Richmond Law Review

The power of state trial courts is tremendous. Charged with resolving 95% of the nation’s legal cases, state trial judges decide “the law” for thousands of litigants and criminal defendants every year, not to mention countless others impacted or bound by their decisions. Yet for decades state judges and academics have warned of a “crisis in the courts.” Many state courts today remain chronically underfunded, although they rarely ever compose more than 1% of the average state budget (and never more than 2%). State chief judges have decried the waning quality of state courts, arguing that inadequate funding has led …

Employment Law, D. Paul Holdsworth

University of Richmond Law Review

Against the backdrop of a year that saw the COVID-19 pandemic alter the American workplace in an unprecedented way, the employment law landscape in Virginia also underwent a recent sea change. Historically considered an employer-friendly state, the General Assembly shifted away from tradition by enacting several significant pieces of employee-friendly legislation, which will surely have a long-lasting impact on Virginia employees, businesses, and Virginia’s economy at large. This Article highlights these critical developments in Virginia employment law. It does not provide an in-depth analysis of every development but highlights the most significant changes affecting employers and employees in the Commonwealth. …

Civil Practice And Procedure, Christopher S. Dadak

University of Richmond Law Review

This Article analyzes the past year of Supreme Court of Virginia opinions, revisions to the Virginia Code, and Rules of the Supreme Court of Virginia affecting Virginia civil procedure.1 It is not fully comprehensive but does endeavor to highlight changes and relevant analysis regarding Virginia civil procedure. The summarized cases do not reflect all changes in Virginia jurisprudence on civil procedure and, at times, focus on emphasized reminders from the court on issues it analyzed. The Article first addresses opinions of the supreme court, then new legislation enacted during the 2019 General Assembly Session, and, finally, approved revisions to the …

Foreward, Jennifer L. Mcclellan

University of Richmond Law Review

No abstract provided.

In Memoriam: Ruth Bader Ginsburg, Meredith Johnson Harbach

University of Richmond Law Review

On September 18, 2020, we mourned the loss of Justice Ruth Bader Ginsburg, whom many considered not just a cultural icon, but a national treasure. Among many other things, Justice Ginsburg became a later-in-life feminist “rock star,” celebrated for her rousing and impassioned dissents, her fearless defense of equality and autonomy rights, her championing of civil rights, and her persistent determination in the face of injustice. RBG’s pop-culture status led to books, movies, t-shirts, “dissent collar” accessories, and Halloween costumes. But long before she became “notorious,” she was a daughter, a mother, a law student, an advocate, a professor, a …

Criminal Law And Procedure, Brittany A. Dunn-Pirio, Timothy J. Huffstutter, Sharon M. Carr, Mason D. Williams

University of Richmond Law Review

This Article surveys recent developments in criminal procedure and law in Virginia. Because of space limitations, the authors have limited their discussion to the most significant published appellate decisions and legislation.

Taxation, Craig D. Bell, Michael H. Brady

University of Richmond Law Review

This Article reviews significant recent developments in the laws affecting Virginia state and local taxation. Its Parts cover legislative activity, judicial decisions, and selected opinions and other pronouncements from the Virginia Department of Taxation (the “Tax Department” or “Department of Taxation”) and the Attorney General of Virginia over the past year. Part I of this Article addresses state taxes. Part II covers local taxes, including real and tangible personal property taxes, license taxes, recordation taxes, and administrative local tax procedures. The overall purpose of this Article is to provide Virginia tax and general practitioners with a concise overview of the …

Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang

Michigan Law Review

This Article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence class certification under Rule 23 of the Federal Rules of Civil Procedure. We find that the ideological composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having dramatically higher rates of procertification outcomes than all-Republican panels—nearly triple in about the past twenty years. We also find that the presence of one African American on a panel, and the presence of …

Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Against the discontent of Member States and limited impact the existing highly legalized trade dispute settlement mechanisms have had on regional economic integration in Africa, this paper undertakes a preliminary assessment of the AfCFTA Dispute Settlement Mechanism (DSM). In particular, the paper situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African States with highly legalized dispute settlement systems and similar WTO-Styled DSMs among other shortcomings. Notwithstanding the transplantation of …

Court-Packing In 2021: Pathways To Democratic Legitimacy, Richard Mailey

Seattle University Law Review

This Article asks whether the openness to court-packing expressed by a number of Democratic presidential candidates (e.g., Pete Buttigieg) is democratically defensible. More specifically, it asks whether it is possible to break the apparent link between demagogic populism and court-packing, and it examines three possible ways of doing this via Bruce Ackerman’s dualist theory of constitutional moments—a theory which offers the possibility of legitimating problematic pathways to constitutional change on democratic but non-populist grounds. In the end, the Article suggests that an Ackermanian perspective offers just one, extremely limited pathway to democratically legitimate court-packing in 2021: namely, where a Democratic …

Justice Sonia Sotomayor: The Court’S Premier Defender Of The Fourth Amendment, David L. Hudson Jr.

Seattle University Law Review

This essay posits that Justice Sotomayor is the Court’s chief defender of the Fourth Amendment and the cherished values it protects. She has consistently defended Fourth Amendment freedoms—in majority, concurring, and especially in dissenting opinions. Part I recounts a few of her majority opinions in Fourth Amendment cases. Part II examines her concurring opinion in United States v. Jones. Part III examines several of her dissenting opinions in Fourth Amendment cases. A review of these opinions demonstrates what should be clear to any observer of the Supreme Court: Justice Sotomayor consistently defends Fourth Amendment principles and values.

“Don’T Move”: Redefining “Physical Restraint” In Light Of A United States Circuit Court Divide, Julia Knitter

Seattle University Law Review

To reduce sentencing disparities and clarify the application of the sentencing guide to the physical restraint enhancement for a robbery conviction, this Comment argues that the United States Sentencing Commission (USSC) must amend the USSC Guidelines Manual to provide federal courts with a clearer and more concise definition of physical restraint. Additionally, although there are many state-level sentencing systems throughout the United States, this Comment only focuses on the federal sentencing guidelines for robbery because of the disparate way in which these guidelines are applied from circuit to circuit.

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.

Le Role Politique De La Cour Supreme, Toujours Recommence, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.

Strategies To Bring Down A Giant: Auer Deference Vulnerable After Reprieve In Kisor V.Wilkie, Shelby M. Krafka

Villanova Law Review (1956 - )

No abstract provided.

In Defense Of (Circuit) Court-Packing, Xiao Wang

Michigan Law Review Online

Proposals to pack the Supreme Court have gained steam recently. Presidential candidate Pete Buttigieg endorsed a court-packing plan at the start of his campaign, and several other candidates also indicated a willingness to consider such a plan, including Senators Elizabeth Warren and Amy Klobuchar. Legal scholars have similarly called upon Congress to increase the size of the Supreme Court, particularly following the heated confirmations of Justices Neil Gorsuch and Brett Kavanaugh. These suggestions for Court reform have only gotten more pronounced with the recent passing of Justice Ruth Bader Ginsburg, the subsequent nomination of Judge Amy Coney Barrett, and the …