Courts Commons^™

Should The Supreme Court Fear Congress?, Neal Devins

Faculty Publications

No abstract provided.

Jurisdiction And The Internet: Returning To Traditional Principles To Analyze Network-Mediated Contacts, A. Benjamin Spencer

Faculty Publications

Courts have been evaluating the issue of personal jurisdiction based on Internet or "network-mediated" contacts for some time. The U.S. Supreme Court has remained silent on this issue, permitting the federal appeals courts to develop standards for determining when personal jurisdiction based on network-mediated contacts is appropriate. Unfortunately, the circuit approaches-which emphasize a Web site's "interactivity" and "target audience" -are flawed because they are premised on an outdated view of Internet activity as uncontrollably ubiquitous. This view has led courts to depart from traditional jurisdictional analysis and impose elevated and misguided jurisdictional standards. This article argues that courts should reinstitute …

High-Tech Trial Lawyers And The Court: Responsibilities, Problems, And Opportunities, Fredric I. Lederer

Popular Media

No abstract provided.

Trial Trends And Implications For The Civil Justice System, Paula Hannaford-Agor, Robert C. Lafountain, Shauna Strickland

Faculty Publications

Bench and jury trials have been declining steadily for the past twenty years, both in absolute numbers and as a proportion of civil dispositions. This “vanishing trial” phenomenon was long suspected by many within the state court system, but has only recently been empirically confirmed. This issue of Caseload Highlights focuses on trends in civil trial characteristics and discusses possible causes of these trends and their implications for practitioners and policy-makers in state courts.

This abstract has been taken from the body of the report.

The Future Of Parity, Michael E. Solimine

William & Mary Law Review

No abstract provided.

Technology-Augmented Courtrooms: Progress Amid A Few Complications, Or The Problematic Interrelationship Between Court And Counsel, Fredric I. Lederer

Faculty Publications

No abstract provided.

Terminating Calder: "Effects" Based Jurisdiction In The Ninth Circuit After Schwarzenegger V. Fred Martin Motor Co., A. Benjamin Spencer

Faculty Publications

In Calder v. Jones, the Supreme Court clearly and succinctly determined that personal jurisdiction is appropriate over a defendant whose only contact with the forum state is its intentional actions aimed at and having harmful "effects" in the forum state. Illustrating the extent to which the law of personal jurisdiction had been relaxed from the time of Pennoyer v. Neff and International Shoe Co. v. Washington, Calder also extended the reach of state courts by permitting jurisdiction over out-of-state defendants on the strength of the plaintiffs' connections with the forum state. Although Calder provided a welcome and much …

Statutory Interpretation In Econotopia, Nathan B. Oman

Faculty Publications

Much of the debate in the recent revival of interest in statutory interpretation centers on whether or not courts should use legislative history in construing statutes. The consensus in favor of this practice has come under sharp attack from public choice critics who argue that traditional models of legislative intent are positively and normatively incoherent. This paper argues that in actual practice, courts look at a fairly narrow subset of legislative history. By thinking about the power to write that legislative history as a property right and legislatures as markets, it is possible to use Coase's Theorem and the concept …

Examining Voir Dire In California, Paula Hannaford-Agor, Nicole L. Waters

Faculty Publications

Much of the debate over peremptory challenge use in California was based primarily on anecdotal information that failed to provide a consistent or reliable view of ac­tual practices in the California superior courts. To help inform the debate, the Administrative Office of the Courts contracted with the National Center for State Courts to investigate current usage practices and estimate the potential impact of the proposed reductions in peremptory challenges. Because of the nexus between peremptory challenges and challenges for cause, the study was designed to examine pe­remptory challenges in the context of the entire voir dire process, including judicial decision …

Increasing The Jury Pool: Impact Of The Employer Tax Credit, Paula Hannaford-Agor

Faculty Publications

To address the problem of financial hardship associated with jury service, both the California Blue Ribbon Commission on Jury System Improvement and the Task Force on Jury System Improvements proposed implementation of a tax credit to encour­age employers to pay the salaries and wages of employees who are summoned for jury service. To assess the financial impact of the proposal on California employers as well as the state budget, the Administrative Office of the Courts (AOC) un­dertook the Juror Compensation Survey to document the extent to which California employ­ers currently compensate employees while on jury service.

The completed surveys were …

The Majoritarian Rehnquist Court?, Neal Devins

Faculty Publications

No abstract provided.

The United Kingdom, Jeremy Barnett

William & Mary Bill of Rights Journal

No abstract provided.

The Legal And Policy Implications Of Courtroom Technology: The Emerging English Experience, Henry Brooke

William & Mary Bill of Rights Journal

No abstract provided.

The Confluence Of Law And Policy In Leveraging Technology: Singapore Judiciary's Experience, Richard Magnus

William & Mary Bill of Rights Journal

No abstract provided.

Review Of The Extent Of Courtroom Technology In Australia, Ros Macdonald, Anne Wallace

William & Mary Bill of Rights Journal

No abstract provided.

What We Know And What We Need To Know About The Effects Of Courtroom Technology, Elizabeth C. Wiggins

William & Mary Bill of Rights Journal

No abstract provided.

Court Technology In Canada, Julian Borkowski

William & Mary Bill of Rights Journal

No abstract provided.

Videoconferencing: Learning Through Screens, Nancy Gertner

William & Mary Bill of Rights Journal

No abstract provided.

Technology In A War Crimes Tribunal: Recent Experience At The Icty, David Pimentel

William & Mary Bill of Rights Journal

No abstract provided.

Disability Civil Rights Law And Policy: Accessible Courtroom Technology, Peter Blanck, Ann Wilichowski, James Schmeling

William & Mary Bill of Rights Journal

No abstract provided.

Law School Education In The 21st Century: Adding Information Technology Instruction To The Curriculum, Kenneth J. Hirsh, Wayne Miller

William & Mary Bill of Rights Journal

No abstract provided.

Technology And Public Access To Audio-Visual Coverage And Recordings Of Court Proceedings: Implications For Common Law Jurisdictions, Daniel Stepniak

William & Mary Bill of Rights Journal

No abstract provided.

Two Roads Diverged: A Tale Of Technology And Alternative Dispute Resolution, Amy S. Moeves, Scott C. Moeves

William & Mary Bill of Rights Journal

No abstract provided.

Courtroom Technology: For Trial Lawyers The Future Is Now, Fredric I. Lederer

Popular Media

No abstract provided.

Legal, Practical And Ethical Implications Of The Use Of Technology In European Courtrooms, Iria Giuffrida

William & Mary Bill of Rights Journal

No abstract provided.

Introduction: What Have We Wrought?, Fredric I. Lederer

William & Mary Bill of Rights Journal

No abstract provided.

The Potential Use Of Courtroom Technology In Major Terrorism Cases, Fredric I. Lederer

William & Mary Bill of Rights Journal

No abstract provided.

The Courtroom 21 Project: Creating The Courtroom Of The Twenty-First Century, Fredric I. Lederer

Popular Media

No abstract provided.

Complex Litigation: Key Findings From The California Pilot Program, Paula Hannaford-Agor

Popular Media

The California Judicial Council initiated its Complex Civil Litigation Pilot Program to address concerns raised by business litigants about the time and expense needed to resolve complex cases, the consistency of decision making, and perceptions that the substantive law governing commercial transactions was becoming increasingly incoherent. Two issues in particular were highlighted as problematic. The first was the use of a master calendar system that diffused judicial decision making and accountability for efficient case management. The second was excessive reliance on, and insufficient judicial oversight of, referees and special masters appointed to manage complex litigation.

In a three-year evaluation of …

Why Do Hung Juries Hang?, Paula Hannaford-Agor, Valerie P. Hans, Nicole L. Mott, G. Thomas Munsterman

Faculty Publications

The National Center for State Courts examined dead-locked, or “hung,” juries to see what characteristics they share and how they might be avoided. As one part of the study, surveys of jurors, judges, and attorneys were conducted in four jurisdictions. The Central Division, Criminal, of the Los Angeles County (California) Superior Court and the Superior Court of the District of Columbia were selected because of reported concerns about hung jury rates in those jurisdictions. The Maricopa County (Arizona) Superior Court was chosen because of an innovative procedure there that permits judges to allow further evidence and arguments when a jury …