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Articles 121 - 150 of 382
Full-Text Articles in Courts
Security In Administrative Hearings, Lea Anne Burnett
Security In Administrative Hearings, Lea Anne Burnett
Journal of the National Association of Administrative Law Judiciary
This article explores security in administrative hearings throughout the United States, as well as issues that affect it. To that end, a survey was circulated among members of the National Association of Administrative Law Judges (NAALJ) and their colleagues in September 2005 to gauge the level of security devoted to administrative hearings nationwide, as well as the level of perceived or actual risk to safety. Additionally, this article offers suggestions and resources to agencies to address security concerns in hearings. Furthermore, it identifies and discusses pertinent case law and other materials helpful in formulating agency policy regarding the adoption of …
No More Secrets: Under Ballard V. Commissioner, Special Trial Judge Reports Must Be Revealed , Katherine Kmiec Turner
No More Secrets: Under Ballard V. Commissioner, Special Trial Judge Reports Must Be Revealed , Katherine Kmiec Turner
Journal of the National Association of Administrative Law Judiciary
This case note evaluates Ballard v. Commissioner, its roots, and its impact on the Tax Court and administrative agencies. First, the history of the United States Tax Court is provided with a focus on the special trial judges and the structure of Tax Court Rule that was the central focus of Ballard. Second, there is a brief comparison of other positions, such as a magistrate, to the special trial judge. Third, this article simplifies the complicated, prior history of Ballard that includes three different petitioners, weeks of trial, and numerous courts proceedings and opinions. Fourth, the Ballard opinion is analyzed …
Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson
Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Reaching Out Or Overreaching: Judicial Ethics And Self-Represented Litigants , Cynthia Gray
Reaching Out Or Overreaching: Judicial Ethics And Self-Represented Litigants , Cynthia Gray
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Creeping Judicialization In Special Education Hearings?: An Exploratory Study, Perry A. Zirkel, Zorka Karanxha, Anastasia D'Angelo
Creeping Judicialization In Special Education Hearings?: An Exploratory Study, Perry A. Zirkel, Zorka Karanxha, Anastasia D'Angelo
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Alternatives To Judicial Branch Congestion, John G. Farrell
Administrative Alternatives To Judicial Branch Congestion, John G. Farrell
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Substantial Evidence Review In Social Security Cases As An Issue Of Fact, Morton Denlow
Substantial Evidence Review In Social Security Cases As An Issue Of Fact, Morton Denlow
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Self-Represented Litigants And The Access To Justice Revolution In The State Courts: Cross-Pollinating Perspectives Toward A Dialogue For Innovation In The Courts And The Administrative System, Richard Zorza
Journal of the National Association of Administrative Law Judiciary
In the last ten to fifteen years, state courts have responded to a tidal wave of self-represented litigants with a wide range of innovations that are fundamentally transforming the courts. These innovations impact the whole system and range from new ways of accepting cases into the system to innovative courtroom procedures and management practices, and from a more proactive process of managing the flow of cases to innovations that help make sure that the parties comply with the court's orders. Indeed, the Self-Represented Litigation Network, a national network of groups working for access to justice for the self-represented, has identified …
Buying A Judicial Seat For Appeal: Caperton V. A.T. Massey Coal Company, Inc., Is Right Out Of A John Grisham Novel, Richard Gillespie
Buying A Judicial Seat For Appeal: Caperton V. A.T. Massey Coal Company, Inc., Is Right Out Of A John Grisham Novel, Richard Gillespie
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Supreme Court's Take On Immigration In Nken V. Holder: Reaffirming A Traditional Standard That Affords Courts More Time And Flexibility To Decide Immigration Appeals Before Deporting Aliens, Elizaveta Kabanova
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen
California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Take My Child, Please - A Plea For Radical Nonintervention, William M. Marticorena
Take My Child, Please - A Plea For Radical Nonintervention, William M. Marticorena
Pepperdine Law Review
No abstract provided.
The California Youth Authority: Planning For A Better Tomorrow, Pearl S. West
The California Youth Authority: Planning For A Better Tomorrow, Pearl S. West
Pepperdine Law Review
No abstract provided.
Statement Of William S. White, William S. White
Statement Of William S. White, William S. White
Pepperdine Law Review
No abstract provided.
The Security For Costs Requirement In California - A Violation Of Procedural Due Process?, Jerel L. Ellington
The Security For Costs Requirement In California - A Violation Of Procedural Due Process?, Jerel L. Ellington
Pepperdine Law Review
No abstract provided.
A Compendium Of Major California Juvenile Law Decisions With Brief Analyses, 1979, Michael T. Lubinski, Robert M. Triplett
A Compendium Of Major California Juvenile Law Decisions With Brief Analyses, 1979, Michael T. Lubinski, Robert M. Triplett
Pepperdine Law Review
Society has been plagued with the problem of whether the police, the courts and the correction agencies are to administer juveniles for their protection and treatment, or for their punishment. To facilitate a better understanding of juvenile administration the authors have analyzed the California juvenile law cases for the year 1979. The article consists of six major area of interest; parent-child custody, sentencing, procedure, jurisdiction, evidentiary and constitutional which will be used to highlight some of the more significant decisions in the past year, thus enabling the reader to assess changes occurring in the juvenile system.
Fare V. Michael C.: Juveniles And In Custodial Interrogations , Gregory S. Chudacoff
Fare V. Michael C.: Juveniles And In Custodial Interrogations , Gregory S. Chudacoff
Pepperdine Law Review
In the principal case, Fare v. Michael C., the United States Supreme Court rejects the position of the Supreme Court of California that a juvenile's request for the presence of his probation officer constitutes an invocation of the juvenile's right to remain silent within the meaning of the Miranda decision. The author examines the rationale applied by each court enroute to this split of opinion, and suggests a middle ground which would accommodate the concerns of both courts with respect to the protection of an accused juvenile at the custodial interrogation stage.
Status Offenders Should Be Removed From The Juvenile Court , Luke Quinn, Peter M. Hutchison
Status Offenders Should Be Removed From The Juvenile Court , Luke Quinn, Peter M. Hutchison
Pepperdine Law Review
Inadequate financial resources and overcrowded juvenile placement facilities have frequently been cited as grounds for the abrogation of the juvenile court's practice of retaining jurisdiction over status offenders. In this article, Judge Quinn suggests the existence of even more compelling reasons which support diversion of status offenders to programs better suited to their particular needs. The author contends that the juvenile court's jurisdiction should be confined to matters of fact-finding and adjudication, rather than intruding into areas within the domain of the parents, and into areas in which the court lacks the necessary expertise. It is argued that diversion of …
A Rationale For The Abolition Of The Juvenile Court's Power To Waive Jurisdiction , John Gasper, Daniel Katkin
A Rationale For The Abolition Of The Juvenile Court's Power To Waive Jurisdiction , John Gasper, Daniel Katkin
Pepperdine Law Review
The juvenile court's power to waive jurisdiction which entails the transfer of juvenile offenders to adult courts presents a topic of longstanding controversy. It's rationale, one of protection of the public, has been labeled by the authors as untenable. Moreover, it is asserted that waiver of jurisdiction in such cases contravenes the very cornerstone of the juvenile court process--the doctrine of parens patriae. Three methods of transfer are seen to exist--legislative, prosecutorial, and judicial. Focusing on the latter, the authors posit an argument advocating the abrogation of the concept of waiver. Justification for this proposition is seen to flow from …
Juvenile Discovery: A Developing Trend And A Word Of Caution, Diane Geraghty
Juvenile Discovery: A Developing Trend And A Word Of Caution, Diane Geraghty
Pepperdine Law Review
The use of discovery is acknowledged as essential to the efficient administration of justice and to the fairness of the adversary system in both civil and criminal proceedings. However, the juvenile court system has been slow to implement various means of discovery, largely as a result of the doctrine of parens patriae and the unique nature of the juvenile process. Although a discernible trend indicates acceptance of pretrial discovery, there has been considerable experimentation at decisional and statutory levels to develop procedurally protective discovery mechanisms. Professor Geraghty traces the use of discovery in juvenile proceedings and devotes particular attention to …
Procedural Rights In The Juvenile Court: Incorporation Or Due Process?, Glen W. Clark
Procedural Rights In The Juvenile Court: Incorporation Or Due Process?, Glen W. Clark
Pepperdine Law Review
The landmark Supreme Court decision in In re Gault established, among other things, a juvenile's right to counsel in delinquency prosecutions. However, the decision left unanswered certain questions relating to the nature and scope of that right. In this article, the author examines whether or not Gault initiated a special due process right to counsel for juveniles apart from that body of sixth amendment law previously developed in criminal cases. Alternatively, he wonders whether Gault was meant to initiate a process of selective incorporation of the Bill of Rights into the juvenile justice system. The author critically analyzes the resulting …
From Gault To Fare And Smith: The Decline In Supreme Court Reliance On Delinquency Theory , Victor L. Streib
From Gault To Fare And Smith: The Decline In Supreme Court Reliance On Delinquency Theory , Victor L. Streib
Pepperdine Law Review
The Supreme Court's reliance upon research and scholarly commentaries which examine the sociological factors that contribute to delinquent behavior has declined considerably during the last fourteen years. The author, in an effort to explain this decline, analyzes the seven major juvenile cases which have been considered by the Court since 1966. He conducts this analysis by focusing upon the subject matter of each decision, the importance of the issues arising therein and the author of each opinion. While some similarities appear, no consistent pattern emerges from this analysis. The article concludes that while juvenile law is an area which is …
People V. Drew: Adoption Of The Ali Rule Of Insanity In California , David Darbyshire
People V. Drew: Adoption Of The Ali Rule Of Insanity In California , David Darbyshire
Pepperdine Law Review
No abstract provided.
Dedicatory Address: Act Well Your Part: Therein All Honor Lies , William H. Rehnquist
Dedicatory Address: Act Well Your Part: Therein All Honor Lies , William H. Rehnquist
Pepperdine Law Review
No abstract provided.
Bauguess V. Paine: The Denial Of The Attorney Fee Sanction At The (Mis)Trial Stage, Steven D. Campen
Bauguess V. Paine: The Denial Of The Attorney Fee Sanction At The (Mis)Trial Stage, Steven D. Campen
Pepperdine Law Review
No abstract provided.
The California Supreme Court Survey: A Review Of Decisions: December 1980 - February 1981, Drago C. Baric, William C. Bollard
The California Supreme Court Survey: A Review Of Decisions: December 1980 - February 1981, Drago C. Baric, William C. Bollard
Pepperdine Law Review
No abstract provided.
The California Supreme Court Survey: A Review Of Decisions: July-November 1980, Craig H. Millet, Tina I. Waine
The California Supreme Court Survey: A Review Of Decisions: July-November 1980, Craig H. Millet, Tina I. Waine
Pepperdine Law Review
No abstract provided.
United States V. Henry: The Further Expansion Of The Criminal Defendant's Right To Counsel During Interrogations, Kevin T. Kerr
United States V. Henry: The Further Expansion Of The Criminal Defendant's Right To Counsel During Interrogations, Kevin T. Kerr
Pepperdine Law Review
Despite the Burger Court's history of judicial conservatism, the Supreme Court in United States v. Henry exceeds the liberality of the Warren Court in the area of criminal defendant rights. The decision in Henry clearly provides further limitations upon the government's ability to conduct interrogations. The author examines the Court's factual and legal analysis of the case, emphasizes how the test established in Henry surpasses the rule promulgated in Massiah, and discusses the decision's impact as well as the curious turnabout of Chief Justice Burger.
A Barometer Of Freedom Of The Press: The Opinions Of Mr. Justice White , Michael J. Armstrong
A Barometer Of Freedom Of The Press: The Opinions Of Mr. Justice White , Michael J. Armstrong
Pepperdine Law Review
Since the Zurcher v. Stanford Daily decision which was authored by Justice Byron F. White, the news media has become increasingly concerned with its' first amendment protections from governmental searches. Since Justice White has been the voice of the United States Supreme Court on this very issue, the author submits that an examination of Justice White's media related opinions can serve as a "barometer" for the constitutional protections of the news media. The author examines the use of Justice White to the Supreme Court, his staunch adherence to stare decisis, and the historical foundation of the first amendment as they …
Has The Right To A Jury Trial As Guaranteed Under The Seventh Amendment Become Outdated In Complex Civil Litigation?, Georgiana G. Rodiger
Has The Right To A Jury Trial As Guaranteed Under The Seventh Amendment Become Outdated In Complex Civil Litigation?, Georgiana G. Rodiger
Pepperdine Law Review
Recognizing the continually increasing burden placed on the jury in complex litigation cases, the author undertakes an extensive study of the origins of jury trials in the United States and England. Various arguments in favor of eliminating jury trials in complex litigation are discussed, along with a possible constitutional method of limiting the scope of the seventh amendment guarantee. The author also studies the case of Ross v. Bernhardt where the Supreme Court outlined a seldom used three- pronged test to determine whether or not a jury trial is constitutionally appropriate. The comment concludes that the factors in favor of …