Courts Commons^™

Justice Blackmun And Preclusion In The State-Federal Context, Karen Nelson Moore

Dickinson Law Review (2017-Present)

No abstract provided.

Affirming Firm Sanctions: The Authority To Sanction Law Firms Under 28 U.S.C. § 1927, Vincent J. Margiotta

Fordham Law Review

A circuit split exists as to whether 28 U.S.C. § 1927 allows for an award of sanctions against nonattorneys or nonrepresentatives. Five federal courts of appeals—the Second, Third, Eighth, Eleventh, and the District of Columbia Circuits—hold that, to further the purpose of 28 U.S.C. § 1927, courts have the authority to sanction a law firm for the conduct of its attorneys, in addition to the authority to sanction individual officers of the court. The Sixth, Seventh, and Ninth Circuits disagree, concluding that the statute allows federal courts to sanction only individuals—“attorney[s] or other person[s] admitted to conduct cases in any …

Electronic Social Media: Friend Or Foe For Judges, M. Sue Kurita

St. Mary's Journal on Legal Malpractice & Ethics

The use of electronic social communication has grown at a phenomenal rate. Facebook, the most popular social networking website, has over 1,968,000,000 users—a number that has exponentially grown since its inception in 2004. The number of judges accessing and using electronic social media (ESM) has also increased. However, unlike the general population, judges must consider constitutional, ethical, technical, and evidentiary implications when they use and access ESM. The First Amendment forbids “abridging the freedom of speech” and protects the expression of personal ideas, positions, and views. However, the American Bar Association’s Model Code of Judicial Conduct and the Texas Code …

Newsroom: U.S. Supreme Court Justice Ruth Bader Ginsberg To Visit Rwu Law 08-31-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Newroom: Rwu Law Sixth In Nation In Percentage Of Graduates Obtaining State Court Clerkships 6/2/2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Personal Injury Law, Defense V. Plaintiff: A Return To Civility, Daniel Stiffler, Jamie Finizio Bascombe

NSU Law Seminar Series

This particular seminar is designed to educate attorneys on the importance of communicating and navigating a civil case while maintaining a level of professionalism, civility, and integrity to the profession, opposing party, and the court. Learning Outcomes include:

1. How to maintain a level of civility while competently represent clients in civil cases in Florida
2. Review standards of conduct in the context of a lawyer’s responsibility to perceive and protect the image of the profession

The Florida Bar CLE credits - General 2.0, Ethics 0.5 The Florida Bar Certification Credits - Civil Trial 2.0

Newsroom: Goldstein & Horwitz On 38 Studios Records 04-13-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

May It Please The Court?: The Perils Of Correcting A Justice's Pronunciation, James J. Duane

Seton Hall Circuit Review

No abstract provided.

Narratives Of Self-Government In Making The Case, Benjamin L. Berger

The Journal of Appellate Practice and Process

No abstract provided.

The Rules Of Maternity, Dara E. Purvis

Tennessee Law Review

A diverse body of laws and regulations speaking to reproductive rights, healthcare, criminal punishment of drug use, termination of parental rights, and more creates the rules of maternity. These rules are guidance provided both obliquely and explicitly by the law's coercive power telling women both how to and who should mother. Rule 1 begins in pregnancy, with the message that "your body is your child's vessel." During pregnancy, women are counselled that doctor knows best. After the child's birth, the mother remains responsible for the people who enter a child's life, leading to rule 3: "mothers must always protect." Rule …

Substantive And Procedural Silence, Erin Sheley

Tennessee Law Review

Empirical work shows that perceptions of the procedural fairness of the criminal justice system turns on whether it gives individuals and communities a "voice," or a forum in which to tell their stories. If the system imposes unwanted silence on a party its legitimacy in the eyes of the public decreases. Despite the extensive literature on the many specific applications of silence in the justice system, no attempt has yet been made to break down the relationship between the victim's silence and the defendant's across the disparate doctrines of criminal law, or the importance of these interconnections to the expressive …

Manumission For Chimpanzees, Joyce Tischler, Monica Miller, Steven M. Wise, Elizabeth Stein

Tennessee Law Review

No abstract provided.

A Crime For All Seasons: 18 U.S.C. § 1001 And Counterterrorism, Jeff Breinholt

Tennessee Law Review

No abstract provided.

United Or Untied: On Confronting Presidential Criminality In The Savage Wars Of Peace, Benjamin G. Davis

Tennessee Law Review

No abstract provided.

Trump And Chinese Exclusion: Contemporary Parallels With Legislative Debates Over The Chinese Exclusion Act Of 1882, Stuart Chinn

Tennessee Law Review

Donald Trump's presidential victory in November has prompted much public commentary about American political dynamics and about the future of American democracy. Given these inquiries, this paper is timely in aiming to reexamine, through a comparative historical lens, one of the most prominent parts of Trump's campaign and one of the biggest points of concern among his critics: Trump's campaign rhetoric on immigration. Trump's own flirtation with racist themes is easy to identify in some of his most notable campaign comments regarding Mexican immigrants and Muslim immigrants. And given that these comments were also directed at immigrant constituencies, equally clear …

Animal Consortium, David Favre, Thomas Dickinson

Tennessee Law Review

No abstract provided.

A Model Of First Amendment Decision-Making At A Divided Court, Kyle Langvardt

Tennessee Law Review

On First Amendment issues, today's Supreme Court is arguably the most protective in the institution's history. But the apparent libertarian consensus masks a surprisingly deep disagreement about methodology. The Court's Republican Justices prefer an austere, formal approach in which logical conclusions are pursued to the furthest reach. The Court's Democratic Justices, on the other hand, would follow a more complex, contextual approach in which rules and standards are often custom-tailored to narrow factual domains.

This Article models that divide. I demonstrate that the Court's First Amendment case law over the past three decades has conformed to a small set of …

Annual Index

Tennessee Law Review

No abstract provided.

15 Years After 9/11: Where We Were, And Where We Are, Khaled A. Beydoun

Tennessee Law Review

No abstract provided.

Contents

Tennessee Law Review

No abstract provided.

Contents

Tennessee Law Review

No abstract provided.

Protecting Regulatory Expressions Of Food Populism Through Interstate Cooperation, Kathryn Bowen

Tennessee Law Review

Consumers and retailers are increasingly interested in purchasing local, sustainable, and humanely raised foods. Advocacy groups are spearheading that trend. Their efforts have gained traction at the state-level, with a broad-based, food conscious constituency directly fomenting policy change. And yet, adversely affected food producers typically succeed in nullifying state reforms by securing from Congress preemptive national standards.

That dynamic is likely to manifest again in the area of farmed animal treatment. In November 2016, Massachusetts approved the furthest reaching prohibition on the use of "intensive confinement" systems for farmed animals, and the sale of any food products thereby derived. Additional …

A Principled And Legal Approach To Title Ix Reporting, Merle H. Weiner

Tennessee Law Review

Institutions of higher education identify "responsible employees" to further their compliance with Title IX. Responsible employees typically report instances of campus gender-based violence to the institution, usually to the Title IX coordinator. Unfortunately, most colleges and universities make virtually every employee a responsible employee. This "wide-net" approach to reporting, sometimes referred to as universal mandatory reporting, produces two categories of related unintended consequences: (1) it weakens the autonomy of victims when they need their autonomy most, thereby undermining their sense of institutional support and aggravating their psychological and physical harm from the assault; and (2) because of these negative consequences, …

The Miranda Custody Requirement And Juveniles, Paul Marcus

Tennessee Law Review

No abstract provided.

States Of Torture: Debating The Future Of Coercive Interrogation, John T. Parry

Tennessee Law Review

No abstract provided.

#Worstplaintiffever: Popular Public Shaming And Pseudonymous Plaintiffs, Jayne S. Ressler

Tennessee Law Review

Being publicly shamed is, for some, a fate worse than death. This article addresses a tension at the heart of the practice of "popular public shaming" as a social regulatory mechanism. While shaming can be an effective and inexpensive tool to reflect and impart current collective values, it also can deter victims of wrongs from vindicating their rights in court, thereby inhibiting the pursuit of justice. Some legislatures and courts, including the United States Supreme Court, have sought to address this problem by permitting certain rightsholders to bring lawsuits pseudonymously. However, as this article shows, the standards and procedures in …

Firepower To The People! Gun Rights & The Law Of Self-Defense To Curb Police Misconduct, Spear It

Tennessee Law Review

No abstract provided.

Contents

Tennessee Law Review

No abstract provided.

Constitutional Law - The Second Amendment - The Constitutionality Of Prohibiting Firearm Possession By Individuals Previously Committed To A Mental Institution, Spenser F. Powell

Tennessee Law Review

No abstract provided.

The Persistence Of The Confederate Narrative, Peggy Cooper Davis, Aderson Francois, Colin Starger

Tennessee Law Review

Ever since the United States was reconstituted after the Civil War, a Confederate narrative of states' rights has undermined the Reconstruction Amendments' design for the protection of civil rights. The Confederate narrative's diminishment of civil rights has been regularly challenged, but it stubbornly persists. Today the narrative survives in imprecise and unquestioning odes to state sovereignty.

We analyze the relationship, over time, between assertions of civil rights and calls for the protection of local autonomy and control. This analysis reveals a troubling sequence. the Confederate narrative was shamefully intertwined with the defense of American chattel slavery. It survived profound challenges …