Courts Commons^™

The Lexington Principles On The Rights Of Detainees: A Transnational Legal Process Approach To Due Process, David Alan Jordan, Frederic L. Kirgis, R. Brooke Lewis, Thomas Greenwood, Bennett L. Ross, Kathryn M. Zunich

Scholarly Articles

In Boumediene v. Bush, decided June 12, 2008, the U.S. Supreme Court extended the constitutional privilege of habeas corpus to noncitizens detained at Guantanamo Bay, Cuba. Courts will now be called upon to assess the propriety of American detainee treatment practices against unclear constitutional standards. The strength and contours of the due process protections the U.S. Constitution will afford these detainees is still an unsettled question. The Lexington Principles are designed to help guide the development of American due process standards as they move outside our borders. These Principles are also intended to serve as a model for those …

Isaiah And His Young Disciples: Justice Brandeis And His Law Clerks, Todd C. Peppers

Scholarly Articles

It cannot be said that Louis Dembitz Brandeis has suffered from a lack of scholarly attention. Brandeis is considered to be one of the most influential Justices in the history of the U.S. Supreme Court, and scores of books and law-review articles have been written about Brandeis the lawyer, the political insider, the Zionist, and the Justice. A case can be made, however, that history has not fully recognized the important and lasting contribution that Brandeis made to the development of the institutional rules and norms surrounding the Supreme Court law clerk, an oversight that this essay seeks to rectify.

William Thaddeus Coleman, Jr.: Breaking The Color Barrier At The U.S. Supreme Court, Todd C. Peppers

Scholarly Articles

The purpose of this essay is twofold: It will endeavor to succinctly summarize the important events of Coleman’s life and professional career, while making the argument that these achievements were as groundbreaking in the legal community as Robinson’s were to baseball. Admittedly, looking to our national pastime is hardly an original literary maneuver; The myriad similarities and links between baseball and the law have offered rich material for many legal writers.2 Moreover, this article does not wish to diminish Coleman’s accomplishments by comparing them to a mere “game.” By drawing upon the sixtieth anniversary of Robinson’s debut, my hope is …

Law Clerk Influence On Supreme Court Decision Making: An Empirical Assessment, Todd C. Peppers, Christopher Zorn

Scholarly Articles

Here, we undertake the first effort at assessing the existence and extent of law clerk influence in the U.S. Supreme Court. Drawing upon original survey data on the political ideology of 532 former law clerks, we evaluate the extent to which both the Justice's personal policy preferences and those of his or her law clerks exert an independent influence on the Justice's votes. While our results are preliminary, they nonetheless support the contention that--over and above "selection effects" due to Justices choosing like-minded clerks--clerks' ideological predilections exert an additional, and not insubstantial, influence on the Justices' decisions on the merits. …

The Etiology Of The Occurrence Of En Banc Review In The U.S. Court Of Appeals, Micheal W. Giles, Virginia A. Hettinger, Christopher Zorn, Todd C. Peppers

Scholarly Articles

The U.S. Courts of Appeals, working principally through three-judge panels, constitute important final arbiters of the meaning of the federal constitution, laws, and regulations and, hence, significant policymakers within the federal system. En banc rehearing-reconsideration of the decision of a three-judge panel by the full complement of judges appointed to the circuit-is an institutional device that ensures circuit decisions are in line with the established preferences of the circuit. The use of en banc varies in frequency across circuits and within circuits over time. Drawing on legal, attitudinal, and strategic perspectives of judicial behavior, we develop and test a set …

Birth Of An Institution: Horace Gray And The Lost Law Clerks, Todd C. Peppers

Scholarly Articles

In a vault hidden away in a downtown Boston bank rests a large silver loving cup. The cup was presented to Associate Justice Horace Gray on March 22, 1902 by his law clerks, and engraved on its tarnished surface are the names of the nineteen Harvard Law School graduates who served as Justice Gray’s law clerks. While the details surrounding the presentation of the cup have been lost to history, the gift was likely prompted by the failing health of Justice Gray and his future departure from the Supreme Court. The loving cup is still held by the Gray family, …

Prosecutor V. Thomas Lubanga Dyilo. Décision Sur La Confirmation Des Charges. Case No. Icc-01/04-01/06, Mark A. Drumbl

Scholarly Articles

On January 29, 2007, in Prosecutor v. Lubanga Dyilo, Pre-trial Chamber I of the International Criminal Court (ICC) confirmed war crimes charges against Lubanga for conscripting, enlisting, and using children under the age of fifteen in a rebel force under his command.

In sum, Pre-trial Chamber I held that there was sufficient evidence to support the charges on the theory of Lubanga's individual criminal responsibility. On March 6, 2007, in accordance with Rome Statute Article 67(11),the presidency constituted Trial Chamber I, which will try Lubangaand pronounce on his guilt or innocence, which must be established beyond reasonable doubt.On June …

Reparations, Social Reconciliation, And The Significance Of Place: A Legal And Philosophical Examination Of Indigenous Cases In The United States And Their Global Implications, Jill M. Fraley

Scholarly Articles

During genocide, populations are frequently displaced from their homelands. In the process of reparations, displacement is often viewed as a problem of shelter, food, and safety. In this framework, land is treated as an economic commodity—any given piece of land is interchangeable with another or for money. This approach is a product of Enlightenment thinking, which emphasizes the rights of the individual over communal rights to land, and conceptualizes land and social identity as strongly separated. This Enlightenment framework of rights, and the accompanying de-emphasis of place, is particularly strong in the United States. Because American legal principles have played …

The Decision Maker Matters: An Empirical Examination Of The Way The Role Of The Judge And The Jury Influence Death Penalty Decision-Making, William J. Bowers, Wanda D. Foglia, Jean E. Giles, Michael E. Antonio

Washington and Lee Law Review

No abstract provided.

The Judgment-Proof Society, Stephen G. Gilles

Washington and Lee Law Review

No abstract provided.

The Preservation Obligation: Regulating And Sanctioning Pre-Litigation Spoliation In Federal Court, A. Benjamin Spencer

Scholarly Articles

The issue of discovery misconduct, specifically as it pertains to the pre-litigation duty to preserve and sanctions for spoliation, has garnered much attention in the wake of decisions by two prominent jurists whose voices carry great weight in this area. In Pension Committee of University of Montreal Pension Plan v. Bank of America Securities, Judge Shira Scheindlin - of the Zubulake e-discovery cases - penned a scholarly and thorough opinion setting forth her views regarding the triggering of the duty to preserve potentially relevant information pending litigation and the standards for determining the appropriate sanctions for various breaches of that …

Judges As Trustees: A Duty To Account And An Opportunity For Virtue, Sarah M. R. Cravens

Washington and Lee Law Review

No abstract provided.

Unspoken Questions In The Rule 32.1 Debate: Precedent And Psychology In Judging, David E. Klein

Washington and Lee Law Review

No abstract provided.

Much Ado About The Tip Of An Iceberg, William M. Richman

Washington and Lee Law Review

No abstract provided.

Judicial Triage: Reflections On The Debate Over Unpublished Opinions, David C. Vladeck, Mitu Gulati

Washington and Lee Law Review

No abstract provided.

Duck Duck Recuse? Foreign Common Law Guidance & Improving Recusal Of Supreme Court Justices, R. Matthew Pearson

Washington and Lee Law Review

No abstract provided.

Much Ado About Little: Explaining The Sturm Und Drang Over The Citation Of Unpublished Opinions, Patrick J. Schiltz

Washington and Lee Law Review

No abstract provided.

The Dog That Did Not Bark: No-Citation Rules, Judicial Conference Rulemaking, And Federal Public Defenders, Stephen R. Barnett

Washington and Lee Law Review

No abstract provided.

Take A Letter, Your Honor: Outing The Judicial Epistemology Of Hart V. Massanari, Penelope Pether

Washington and Lee Law Review

No abstract provided.

Commentary: Unpublication And The Judicial Concept Of Audience, Joan M. Shaughnessy

Washington and Lee Law Review

No abstract provided.

Publishing Dissent, Arthur J. Jacobson

Washington and Lee Law Review

No abstract provided.

Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill

Washington and Lee Law Review

No abstract provided.

Fourth Circuit Publication Practices, Carl Tobias

Washington and Lee Law Review

No abstract provided.

Plea Bargaining At The International Criminal Tribunal For The Former Yugoslavia, Ralph Henham, Mark Drumbl

Scholarly Articles

The International Criminal Tribunal for the former Yugoslavia (ICTY) increasingly has turned to plea bargains to resolve the cases before it. A number of factors motor this trend. One is administrative: the ICTY has been subject to considerable pressure from the United Nations Security Council and donor states to accelerate its work. Another is the desire to obtain acknowledgements of responsibility from perpetrators. Moreover, there is concern that, as time passes, the memories of witnesses dim. The rigours of direct and cross-examination may retraumatise those who have survived mass atrocity. ICTY judges also have expressed their understanding that guilty pleas …

The Ictr And Justice For Rwandan Women, Mark A. Drumbl

Scholarly Articles

In this article, I hope to spring from the discussion of the ICTR's gender jurisprudence to a broader conversation that touches on the relationship between this jurisprudence and life for Rwandan women today. In particular, I'd like to consider three questions: What do both the gender jurisprudence and the jurisprudence at large of the ICTR mean to women, individually and collectively, in Rwanda? How do other modalities of accountability that operate in postgenocide Rwanda respond to gender violence and promote gender equality? What is the situation of Rwandan women today?

Prosecutor V Radislav Krstić: Icty Authenticates Genocide At Srebrenica And Convicts For Aiding And Abetting, Mark Drumbl

Scholarly Articles

The Krstić Appeals Chamber decision makes two major contributions to international criminal law. It also provides a number of additional insights and clarifications. In this case note, I will critically examine the two major contributions. Firstly, Krstić authenticates that genocide was in fact perpetrated against the Bosnian Muslims of Srebrenica. This serves an important didactic purpose. Srebrenica is the only incidence of genocide the ICTY has found amidst the pervasive violence that roiled the former Yugoslavia. Secondly, Krstić narrows the scope of joint criminal enterprise as a mechanism to attribute individual criminal liability for acts perpetrated by groups acting collectively. …

A Remembrance Of Things Past?: Reflections On The Warren Court And The Struggle For Civil Rights, Ronald J. Krotoszynski, Jr.

Washington and Lee Law Review

No abstract provided.

Intersection And Divergence: Some Reflections On The Warren Court, Civil Rights, And The First Amendment, Lillian R. Bevier

Washington and Lee Law Review

No abstract provided.

The Law And Culture-Shift: Race And The Warren Court Legacy, John O. Calmore

Washington and Lee Law Review

No abstract provided.

A Subversive Strand Of The Warren Court, Gary Peller

Washington and Lee Law Review

No abstract provided.