Courts Commons^™

Effects Of Race And Prosecutor's Perceptions Of Victim's Behaviors On Domestic Violence Case Outcomes, Angel K. Williams

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study is to investigate the effects of race and prosecutor's perceptions of victim's behavior on domestic violence case outcomes. This research utilizes data collected by Belknap and Graham (2000) in a large Midwestern Urban area during 1997-1998. Past literature supports the predictions that race and victim's behaviors affect case outcomes. However, there are no studies that examine either race and victim's behavior or the connection between them.

Analyses revealed that victim's race is not significantly related to case outcome. Perceptions of victim's behavior, however, were significantly related to case outcomes. Additionally, prosecutor's race and level of …

No Free Lunch: How Settlement Can Reduce The Legal System's Ability To Induce Efficient Behavior, Abraham Lee Wickelgren

ExpressO

While there is widespread agreement that it is better for cases to settle than go to trial, the arguments in favor of settlement have typically overlooked how settlement affects one of the most important functions of the legal system: influencing the behavior that gives rise to lawsuits. This essay argues that, in some cases, settlement can impair the ability of the legal system to deter harmful behavior without chilling desirable behavior. Where it exists, this effect is a fundamental property of settlement in that there is no way to change other legal rules to eliminate it. Because settlements also have …

The Political (Science) Context Of Judging, Lee Epstein, Jack Knight, Andrew D. Martin

Faculty Scholarship

No abstract provided.

Crossing The Line: Juvenile Transfer And Prison Violence, Jessica M. Huffman

Sociology & Criminal Justice Theses & Dissertations

The juvenile court has long held caring and rehabilitation as it's objective for those persons who commit crimes while under age 18. However, arguably, that goal has been compromised with the use of juvenile transfers. Some research has been done on the use of transfers, but little has studied the effects of incarcerating juveniles with adult prisoners at the state level. This thesis examines the use of the juvenile transfer and the effects it has with respect to prison violence using states in the U.S. as the unit of analysis. It was hypothesized that prison violence would increase with an …

Judiciary School: A Proposal For A Pre-Judicial Ll.M. Degree, Marc T. Amy

Journal of Legal Education

No abstract provided.

A Moment In The Times: Law Professors And The Court-Packing Plan, Kyle Graham

Journal of Legal Education

No abstract provided.

Constitutional Pluralism And Democratic Politics: Reflections On The Interpretive Approach Of Baker V. Carr, Guy-Uriel Charles

Faculty Scholarship

Baker v. Carr is one of the Supreme Court's most important opinions, not least because its advent signaled the constitutionalization of democracy. Unfortunately, as is typical of the Court's numerous forays into democratic politics, the decision is not accompanied by an apparent vision of the relationship among democratic practice, constitutional law, and democratic theory. In this Article, Professor Charles revisits Baker and provides several democratic principles that he argues justifies the Court's decision to engage the democratic process. He examines the decision from the perspective of one of its chief contemporary critics, Justice Frankfurter. He sketches an approach, described as …

Common Law Courts In An Age Of Equity Procedure: Redefining Appellate Review For The Mass Tort Era, Melissa A. Waters

Scholarship@WashULaw

From expansion of tort liability rules, to novel claims aggregation and settlement techniques, to statistically derived liability and damages assessments, mass tort litigation is producing unprecedented innovations at every level of the federal legal system. What is particularly striking about these innovations is that they are almost exclusively the product of a handful of federal trial judges who specialize in mass tort cases. Because appellate courts lack the necessary tools to supervise their decisions, these few mass tort trial judges are shaping the rules that govern the mass tort legal regime with little or no appellate supervision. The result is …

The Courtroom Technology Wars Are Here!, Fredric I. Lederer

Popular Media

No abstract provided.

Court Administration As A Tool For Judicial Reform, Christie S. Warren

Faculty Publications

This paper focuses on court administration as a component of judicial branch reform in the United States and other countries.

Over the past fifty years, state and federal court systems in the United States have undergone a process of significant change. At the beginning of the twentieth century, courts were largely dependent upon the executive branch of government for administrative support and were for the most part externally dominated, disorganized, and poorly managed. By the end of the century, they had undergone a process of administrative innovation and improvement that changed the way they were managed. In other countries, judicial …

The Supreme Court As A Strategic National Policymaker, Lee Epstein, Jack Knight, Andrew D. Martin

Faculty Scholarship

No abstract provided.

Public Interest Litigation In A Comparative Context, Jayanth K. Krishnan

Articles by Maurer Faculty

No abstract provided.

The Supreme Court Justice And "Boring" Cases, Neil M. Richards

Scholarship@WashULaw

This is a short essay discussing the phenomenon of boring cases at the Supreme Court. It examines two letters written by Supreme Court Justices to sick colleagues–a 1903 letter from Chief Justice E.D. White to William Day, and a 1941 letter from William O. Douglas to Hugo Black. The essay argues that one true and underappreciated measure of the worth of a Supreme Court Justice is not merely their ability to be (or at least appear to be) brilliant in the once-a-decade blockbuster cases. Instead, in selecting Supreme Court Justices, we should look just as much at their ability to …

W(H)Ither Zschernig?, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

The author argues here that a declaration of victory by the critics of the dormant foreign affairs doctrine would be premature. Notwithstanding the Court's citation of Ashwander v. TVA, the actual grounds of the decision in Crosby were in no meaningful sense less "constitutional" in nature than a decision based on the dormant foreign affairs power would have been. Moreover, even though the Court said that its decision was based on a straightforward application of "settled ... implied preemption doctrine," the Court's preemption analysis was anything but ordinary. Indeed, Crosby's version of preemption analysis is subject to the …

Victims Confront Offenders: An Exploratory Study Of Victim Satisfaction During Mediation, Krystal C. Walton

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study was to determine if age, race, and gender were related to victim satisfaction during mediation while controlling for the type of offense. Satisfaction with the mediator's attitude, the session itself, the mediator, and the outcome were assessed to measure the victim's level of satisfaction with the various components of the mediation process. Data was collected from questionnaires mailed to crime victims' who had completed the mediation process through the Juvenile and Domestic Relations Court in Norfolk, Virginia. This thesis looks at the relationship of age, race, and gender to victim satisfaction with mediation. Cross-tabulations were …

The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer

Faculty Publications

No abstract provided.

An Exploratory Study Of Domestic Violence Attitudes Among Virginia Magistrates, Elaine M. Phillips

Sociology & Criminal Justice Theses & Dissertations

Currently, 43 states utilize magistrates in the criminal justice response to domestic violence. In Virginia, magistrates have the power to grant emergency protective orders and arrest warrants in domestic violence cases. In 1996, Virginia instituted a new mandatory arrest law. This study explores magistrates' attitudes toward the new law. It also examines their attitudes toward victims and offenders involved in domestic violence cases. The study utilizes data from Crossland's 1998 survey of Virginia magistrates (n=239). Hypotheses based on conflict theory and feminist theory lead to hypotheses that predict that magistrates' attitudes will vary depending on the race, educational level and …

Treatment Of Multi-Courts Jurisdiction Agreements, Seow Hon Tan

Research Collection Yong Pung How School Of Law

An increasingly popular manner of drafting jurisdiction clauses in cross-border contracts involves the selection of the courts of more than one jurisdiction. Traditionally, parties would submit all disputes to the courts of a particular country under an exclusive jurisdiction agreement or agree that the transaction is subject to a particular jurisdiction without intending to create an obligation to proceed there and nowhere else. Of late, the Singapore courts have encountered litigation over multi-courts jurisdiction agreements. A common form involves the naming of a particular court with one of the parties being given the option to proceed anywhere else.

Courtroom Technology, A Judicial Primer, Fredric I. Lederer

Faculty Publications

No abstract provided.

Brief Amicus Curiae Of The Society Of Catholic Social Scientists In Support Of Respondent, Stephen M. Krason, Richard W. Garnett

Court Briefs

No. 99-138
Jenifer Troxel v. Tommie Granville

On Writ Of Certiorari To The Supreme Court Of Washington

From the Summary of the Argument

The fundamental rights of parents to direct and control the upbringing of their children and the autonomy of the family have been recognized time and again by this Court. These rights and this autonomy are not creatures of positive law, but are grounded in the natural moral order. The family is the "building block" of civil society and has as its natural end, or telos, the nurturing and development of flourishing human persons and good citizens. …

Nebraska V. Wyoming: The End Or Collaboration?, Wendy Weiss, James Montgomery

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

13 pages.

Contains footnotes.

A Laboratory For Collaboration: Where, Why And Why Not?, Ken Salazar, Felicity Hannay, Steve Sims, Ted Kowalski

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

12 pages.

A Western Slope Perspective: Endangered Species And Municipal Water, David C. Hallford

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

13 pages (includes 1 map).

Contains footnotes and 1 page of references.

Indian Water Rights And The Snake River Basin Adjudication, Peter C. Monson

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

19 pages (includes map).

Idaho's Snake River Basin Adjudication: A Window On Western Water Law, Jeffrey C. Fereday

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

34 pages.

Contains footnotes.

Federal Water Rights In The Snake River Basin Adjudication, Michael A. Gheleta

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

34 pages (includes maps).

Basin-Wide Adjudications In The West: What Works, What Doesn’T?, Ramsey L. Kropf

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

18 pages.

Contains 2 pages of references.

Colorado Water Courts: Are They Changing?, Gregory J. Hobbs, Jr.

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

56 pages.

Agenda: Strategies In Western Water Law And Policy: Courts, Coercion And Collaboration, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Center Of The American West

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

1 v. (various pagings) : ill., maps, charts ; 29 cm

Conference organizers, session moderators and/or speakers included University of Colorado School of Law professors Gary C. Bryner, James N. Corbridge, Jr., David H. Getches, Douglas S. Kenney, Lawrence J. MacDonnell, Kathryn M. Mutz and Charles F. Wilkinson

Includes bibliographical references

The event will examine the principal problem-solving strategies in western water law and policy: courts, coercion and collaboration. In addressing this broad range of strategies, the program will focus on national, west-wide and Colorado-specific issues.

Conference activities will commence with a free public program cosponsored by the Center of …

The Platte River Cooperative Agreement: A Historical Perspective, Ann Salomon Bleed

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

No abstract provided.