Courts Commons^™

Clark Memorandum: Spring 1999, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• Weightier Matters (Elder Dallin H. Oaks)
• The Constitutional Thought of J. Reuben Clark, Jr. (J. David Gowdy)
• A Courtroom with a View (Joyce Janetski)
• The Challenge (Alexander B. Morrison)

The Road To The Virtual Courtroom? A Consideration Of Today’S -- And Tomorrow’S -- High Technology Courtrooms, Fredric I. Lederer

Faculty Publications

No abstract provided.

Attorney Expertise, Litigant Success, And Judicial Decisionmaking In The U.S. Courts Of Appeals, Stefanie A. Lindquist, Susan Brodie Haire, Roger E. Hartley

Scholarship@WashULaw

In the U.S. legal system, litigants frequently retain counsel to represent their interests in civil cases, particularly when the stakes are high. Scholarly work and anecdotal evidence suggest that variation in the quality of advocacy has the potential to affect litigant success. We examine the relationship between attorney characteristics, case outcomes, and judicial voting in products liability decisions of the U.S. Courts of Appeals. Our analysis found some differences in the levels of experience and specialization of counsel representing defendants and plaintiffs and that counsel expertise was, at times, related to litigant success. In a multivariate model of decisionmaking, judges …

Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer

Faculty Publications

No abstract provided.

Competency To Stand Trial: An International Challenge, Ibpp Editor

International Bulletin of Political Psychology

This article describes some of the difficulties in developing an international standard for competency to stand trial.

Understanding Juror Decisions: The Influence Of Other Jurors' Votes, Unanimous Versus Majority Decision Rule, And Juror Gender, La Donna Flanagan James

Sociology & Criminal Justice Theses & Dissertations

Jury deliberations are secret and there is great curiosity, both among academics and the lay population, about what goes on inside the jury room. Prior research suggests that individuals are very susceptible to the social pressures of others and that this has important implications for decision-making among jury members. Research on jury decision-making also suggests the importance of the assigned decision rule and gender in jury deliberations and trial outcomes. This study used a fictional vignette clearly constructed to elicit a not guilty reaction. The impact of other jurors' votes, assigned decision rule (unanimous versus two-thirds majority), and juror gender …

What To Believe About What To Believe: Implications For Security Bureaucracies, Ibpp Editor

International Bulletin of Political Psychology

This article describes psychological findings on the confidence of eyewitnesses for their own testimony and the reactions of jury members to eyewitness testimony. These findings are related to adjudications of alleged security violations.

Cynicism, Reconsidered, Pauline Kim

Scholarship@WashULaw

Occasionally I encounter among students the suspicion that law is nothing but politics. In the field in which I teach-employment law-this attitude amounts to the cynical belief that if judges (or at least those judges hostile to workers) can possibly find a way for the employee to lose and the employer to win, they will do so. While I must admit my own misgivings about the extent to which doctrine and precedent actually decide cases, I push these students to try to understand case outcomes as something other than pure politics. Believing that it is important for law students, as …

To The Best Of My Recollection: Memory Malingerers And Congressional Testimony, Ibpp Editor

International Bulletin of Political Psychology

This article (1) describes some common concepts of clinical research on memory malingering and (2) advocates the heuristic value of these concepts for political committees seeking to devise methods that elicit truthful statements from individuals providing testimony.

Gender, Race, And Court Location Effects On Exceptional Sentencing In The State Of Washington, Catherine L. Drezak

Sociology & Criminal Justice Theses & Dissertations

Policy statements by the Sentencing Commission for the State of Washington emphasize that gender, race, and community ties are irrelevant to sentencing decisions. Based on prior sentencing practices, these policies carry the potential to incorporate unrecognized sentencing disparity practices into the proposed sentencing equality solution. Using Washington's sentencing data under current sentencing guideline structures, this research examined the sentencing outcomes with respect to sentences given outside the guidelines. This study was designed to address the research questions: What effect, if any, does gender have on exceptional sentence outcome? To what extent, if any, is race a factor in determining gender …

Bailing Out Of Bonds: The Effect Of Victim/Offender Relationships And Other Factors In The Setting Of Bail, Tancy Vandecar

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study is to investigate which factors impact bail decisions made by magistrates and judges. Much of the research on this topic was done in the early 1960s and 1970s when efforts such as the Manhattan Bail Project were in full force and the decisions of magistrates had not been investigated. There has been little research which looks specifically at the effect of victim-offender relationship on the bail decision. The present research utilizes bail decisions made by judges in the General District Court of Virginia Beach, Virginia as well as Virginia Beach magistrates. The effects of offense …

What Can We Learn From Past Reform Efforts, R. Max Peterson

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

7 pages.

Contains footnotes and references.

The National Forest Management Act: Managing The Use Out Of Multiple Use Lands, Dan S. Budd

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

12 pages.

Can Managers Adapt To New Relationships And Roles Under Nfma?, Elizabeth Estill

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

5 pages.

Agenda: The National Forest Management Act In A Changing Society, 1976-1996: How Well Has It Worked In The Past 20 Years?: Will It Work In The 21st Century?, University Of Colorado Boulder. Natural Resources Law Center, Colorado State University, Oregon State University, Pinchot Institute For Conservation, Syracuse University. Maxwell School Of Citizenship And Public Affairs

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

Conference speakers include University of Colorado School of Law professors David H. Getches and Charles F. Wilkinson.

Jack Ward Thomas, Chief of the USDA Forest Service, will be a featured speaker at the Center's annual public lands conference, commemorating the 20th anniversary of the National Forest Management Act. This year's conference is sponsored by Colorado State University, Oregon State University, Pinchot Institute for Conservation, and the Maxwell School of Citizenship and Public Affairs at Syracuse University.

When Congress passed NFMA in 1976, few would have imagined the enormity of the changes in the world in technology, science and population we …

“Can You Live With That, Chief?”—Forging Nfma Through Congressional And Agency Give And Take, John R. Mcguire

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

10 pages.

The National Forest Management Act In A Changing Society, 1976-1996: How Well Has It Worked In The Past 20 Years? Will It Work In The 21st Century?, Margaret A. Shannon, K. Norman Johnson

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

12 pages.

Stories From The Frontlines: How Nfma Developed And Key Players, Robert E. Wolf

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

15 pages.

Framework For Understanding Nfma In A Legal Context, David H. Getches

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

8 pages.

Contains references.

Making Forest Policy In An Imperfect World, James W. Giltmier

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

10 pages.

Defining Political Corruption: The Supreme Court's Role, Paul S. Edwards

Brigham Young University Journal of Public Law

No abstract provided.

Five Supreme Court Constitutions: Race-Based Scrutiny Past, Present, And Future, David Zimmerman

Brigham Young University Journal of Public Law

No abstract provided.

Public Perception, Justice, And The "Search For Truth" In Criminal Cases, Craig M. Bradley, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

Shopping For A Venue: The Need For More Limits On Choice, Kimberly Jade Norwood

Scholarship@WashULaw

In an earlier article, Professor Norwood questioned the wisdom of the Supreme Court's decision in Ferens v. John Deere Co., which allows plaintiffs to double forum-shop, i.e., to file a lawsuit in one jurisdiction and then, while retaining the advantages of that jurisdiction's laws, to transfer the lawsuit to the geographically preferred jurisdiction. There, Professor Norwood assumed that having choices about where to file lawsuits was a necessary component of America's judicial system. Below, however, Professor Norwood explores that assumption and concludes that parties should not have the unrestricted choices seemingly provided by most venue laws.

Technology Augmented Litigation--Systemic Revolution, Fredric I. Lederer

Faculty Publications

This article reviews key aspects of high technology litigation, including technology augmented court records, two-way video arraignment and testimony, and technology based evidence display, and posits some of the critical jurisprudential and pragmatic issues posed by the use of such technologies

The Capital Jury Project: The Role Of Responsibility And How Psychology Can Inform The Law, Steven J. Sherman

Indiana Law Journal

Symposium: The Capital Jury Project

Regulation Of Water Use And Takings: A Growing Battlefield, Barton H. Thompson, Jr.

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

43 pages.

Contains references.

Management Approaches To Addressing Takings Issues: Endangered Species Protection, I. Michael Heyman

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

15 pages.

Contains footnotes.

Regulation Of Water Use And Takings—The Government Lawyer’S Perspective, Richard M. Frank

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

11 pages.

Contains 3 pages of references.

Private Property Rights Protection Legislation Across The Nation, Nancie G. Marzulla

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

25 pages (includes 1 map).

Contains footnotes.