Courts Commons^™

Does Time Eclipse Crime? Stogner V. California And The Court's Determination Of The Ex Post Facto Limitations On Retroactive Justice, Ryan D. Frei

University of Richmond Law Review

No abstract provided.

Dedication, Jaime L. Henshaw

University of Richmond Law Review

No abstract provided.

Chief Justice Harry L. Carrico And The Ideal Of Judicial Independence, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.

A Call To Arms: The Need To Protect The Independence Of The Judiciary, Harry L. Carrico

University of Richmond Law Review

No abstract provided.

Preface, Jaime L. Henshaw

University of Richmond Law Review

No abstract provided.

The Three Independences, H. Jefferson Powell

University of Richmond Law Review

No abstract provided.

Preserving The Legacy: A Tribute To Chief Justice Harry L. Carrico, One Who Exalted Judicial Independence, Penny J. White

University of Richmond Law Review

No abstract provided.

Judicial Independence, William H. Rehnquist

University of Richmond Law Review

No abstract provided.

Legislative Restraint In The Confirmation Process, Kenneth W. Starr

University of Richmond Law Review

No abstract provided.

Judicial Independence And The Scope Of Article Iii--A View From The Federalist, Michael G. Collins

University of Richmond Law Review

No abstract provided.

Redistricting In A Post-Shaw Era: A Small Treatise Accompanied By Districting Guidelines For Legislators, Litigants, And Courts, Katharine Inglis Butler

University of Richmond Law Review

Legislators in jurisdictions with even modest minority populations will find adopting a challenge-resistant redistricting plan to be more difficult than ever before. The problem is how much consideration to give to race. Too little consideration may produce a plan subject to challenge under the Voting Rights Act (the "Act"). Too much consideration may produce a plan subject to challenge on constitutional grounds.

A Pragmatic Justification Of The Judicial Hunch, Mark C. Modak-Truran

University of Richmond Law Review

Judges currently face a daunting task. On the one hand, they are increasingly aware of the indeterminacy of the law, while on the other hand, they face an explosion of fact. Judges are floating on shaky legal timbers in a sea of documents, deposition transcripts, affidavits, oral courtroom testimony, and expert opinions. The explosion of fact alone presents monumental problems for deciding cases without unduly simplifying or reducing this factual complexity. For example, both federal and state judges are implementing case management systems to deal with their crushing case loads and the increasing complexity of their cases. In addition, there …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Second Circuit: Study Of Gender, Race, And Ethnicity, George Lange Iii

University of Richmond Law Review

In 1993, at the request of then Chief Judge Jon O. Newman, the Judicial Council of the Second Circuit created a Task Force on Gender, Racial, and Ethnic Fairness in the Courts. The Task Force, which was comprised of six judicial officers and a citizen participant from each of the Circuit's three states, was asked to study issues of gender, race, and ethnicity in the courts of the Second Circuit, and to report back to the Judicial Council on its findings and recommendations.

Third Circuit: Gender, Race, And Ethnicity- Task Force On Equal Treatment In The Courts, Dolores K. Sloviter

University of Richmond Law Review

The March 1993 vote of the Judicial Conference of the United States endorsing the provision of the proposed Violence Against Women Act that encouraged circuit judicial councils to conduct studies with respect to gender bias in their respective circuits provided an official imprimatur of approval to such inquiries by the policy making body of the federal courts. Thereafter, the extent to which each federal circuit undertook to accept the invitation to proceed may have depended in large part on the zeal for the inquiry by the chief judge of the circuit or his or her delegated committee.

Ninth Circuit: The Gender Bias Task Force, Procter Hug Jr., Marilyn L. Huff, John C. Coughenour

University of Richmond Law Review

In 1990, the federal courts of the Ninth Circuit began to examine the effects of gender on the business of the courts. The pioneering FinalReport of the Ninth Circuit Gender Bias Task Force1 was issued in July 1993 and the Ninth Circuit has worked to implement the task force's recommendations for several years. To assist others setting forth on a similar journey, this article summarizes the circuit's experience in undertaking a study of this magnitude and duration.

Death In The Federal Courts: Expectations And Realities Of The Federal Death Penalty Act Of 1994, John P. Cunningham

University of Richmond Law Review

"Thou shalt not kill." These four words have echoed throughout the churches, judicial courts, and political meeting places of men and women for time immemorial. Along with their deep religious and political significance, they carry with them a haunting contrast to the current state of mankind: men and women can kill other men and women-legally. In the United States, this "legal" killing, commonly referred to as the "death penalty," traditionally takes place within the confines of the individual state judicial systems, and generally involves the execution of felons tried and convicted of some form of intentional murder.

D.C. Circuit: Study Of Gender, Race, And Ethnic Bias, John Garrett Penn, Matthew J. Devries

University of Richmond Law Review

The District of Columbia Circuit became the first federal circuit to establish a Task Force on race and gender bias. In 1992, the Task Force, which was comprised of judges from the D.C. Circuit, created two committees-the Special Committee on Gender and the Special Committee on Race and Ethnicity-to assist the Task Force in its research. The committees were comprised of academics, social science advisors of national recognition, and leading attorneys.

Interview: The Federal Courts: Observations From Thirty Years On The Bench, Robert R. Merhige Jr., J. Christopher Lemons

University of Richmond Law Review

This is an interview of Judge Robert R. Merhige, Jr of the Eastern District of Virginia.

Will Inquiry Produce Action? Studying The Effects Of Gender In The Federal Courts, Lynn Hecht Schafran

University of Richmond Law Review

When the Ninth Circuit Gender Bias Task Force released its report at the Circuit's 1992 Judicial Conference, Justice Sandra Day O'Connor offered this perspective:

A couple of years ago, I gave a speech in which I discussed the existence of a glass ceiling for women. The next day, headlines and newspaper articles trumpeted my statements as if I had made a surprising new discovery. But it is now 1992, and I don't think most of us were surprised to learn that the [Ninth Circuit] Task Force found the exis- tence of gender bias in a federal circuit. After all, over …

Austin Owen Lecture: Difficulties, Dangers & Challenges Facing The Judiciary Today, Robert E. Payne

University of Richmond Law Review

Judge Payne presented this address at The Sixth Annual Austin Owen Lecture on November 18, 1997. The Honorable Austin E. Owen attended Richmond College from 1946-47 and received his law degree from The T.C. Williams School of Law in 1950. During his distinguished career, Judge Owen served as an Assistant U.S. Attorney for the Eastern District of Virginia; a partner in Owen, Gray, Rhodes, Betz, Smith and Dickerson; and was appointed Judge of the Second Judicial Circuit of Virginia where he served until his retirement in 1990. The Law School community grieved the loss of this distinguished alumnus upon his …

First Circuit: A Study Of Gender Bias In And Around The Courts, Bruce M. Selya

University of Richmond Law Review

Beginning with the state courts of New Jersey in 1984, almost every state in the country and numerous federal circuits have mounted initiatives to address issues of gender bias in the courts. While individual approaches have varied, each of these judicial units has displayed an increasing sensitivity to the potential problems of bias in the courts and a desire to actively improve the treatment of female litigants, witnesses, employees, and attorneys throughout the judicial system.

Tenth Circuit: Gender Bias Study- Continuing Education And Training, David M. Ebel

University of Richmond Law Review

The Tenth Circuit Study of Gender Bias and Sexual Harassment was initiated in September 1995 with a study of the District of Wyoming. Prior to that time a number of federal courts and individual states had undertaken comprehensive studies of gender bias. Most of the existing literature was based upon quantitative data using survey research methodology calculated to obtain a number of confidential responses, which produced substantial valuable information.

Advisory Opinions By Federal Courts, Phillip M. Kannan

University of Richmond Law Review

Since 1793, the affirmative grant of authority to federal courts in Article III of the Constitution to hear and decide cases or controversies has been interpreted to prohibit these courts from giving advisory opinions. In that year, United States Supreme Court Chief Justice Jay, Justice Cushing, and District Judge Duane rejected a provision in a 1792 act of Congress that would have required the Supreme Court to settle federal pension claims of widows and orphans subject to the approval of the Secretary of War. The basis for the position taken by the Chief Justice was "that neither the legislative nor …

The Eastern District Of Virginia: A Working Solution For Civil Justice Reform, Heather Russell Koenig

University of Richmond Law Review

It has been referred to as "the fastest, fairest, federal court in the country," "the most efficient, professional federal court in the nation," the court "known for moving things along quickly" and where "cases zoom through the system faster than at any other federal court in the nation." Where is this court that is "so efficient that it could be used as a model for the rest of the country?" It is the United States District Court for the Eastern District of Virginia.

Eleventh Circuit: "Executive Summary" - Report Of The Eleventh Circuit Task Force On Gender Bias, Joseph W. Hatchett

University of Richmond Law Review

In 1993 the Eleventh Circuit Judicial Council's Task Force on Gender Bias was established. It was the Mandate of this Task Force to study the effects of gender in the Eleventh Circuit and the courts that comprise the Eleventh Circuit. The Task Force elected to employ survey methods to discover whether or not various members of the court family believed that gender bias existed, if so in what form, and whether or not such bias affects the judicial process.

Novak V. Commonwealth: Are Virginia Courts Providing Special Protection To Virginia's Juvenile Defendants?, Ellen R. Fulmer

University of Richmond Law Review

On March 9, 1991, Shawn Paul Novak was charged with the murder of two young boys, Daniel Grier, age nine, and Christopher Weaver, age seven. The boys had disappeared on March 4 and their bodies were found the next day after an extensive search. The police inquiry into the murders led to the questioning of a number of people, including Shawn, then age sixteen. Shawn was questioned on four separate occasions. At no time prior to, during, or after any of these questioning sessions was Shawn read his Mirandawarnings which specify the rights to which he was entitled under the …

Enterprise Zones In The Courts: Legal Challenges To State Economic Redevelopment Legislation, Patrick J. Skelley Ii

University of Richmond Law Review

The declining state of our nation's cities has been, and continues to be, a frequent source of news and fodder for political debate. Unemployment, urban blight, crime, and economic dislocation are just a few of the inner-city's afflictions which occupy the American mind. A multitude of theories have been advanced in order to explain the persistence of urban deterioration, accompanied by an array of governmental attempts to reverse, or at least stem, the trend of inner-city decay.

Lesnick V. Hollingsworth & Vose Co. - The Pure Stream Of Commerce No Longer Flows Through The Fourth Circuit, Lori Elizabeth Jones

University of Richmond Law Review

Personal jurisdiction over nonresidents in a forum state has been problematic in our federal system for quite some time. Today, in order to establish personal jurisdiction over a nonresident defendant, the nonresident must have minimum contacts with the forum state. While the test may be stated succinctly, determining whether a person or corporation has minimum contacts with the forum state is an extremely complex process, as seen in the line of personal jurisdiction cases following International Shoe Co. v. Washington.

The Inconsistency Of Virginia's Execution Of The Npdes Permit Program: The Foreclosure Of Citizen Attorneys General From State And Federal Courts, D. Brennen Keene

University of Richmond Law Review

The above mentioned goals and policies of the Clean Water Act suggest that Congress intended to create a partnership between the federal government, state governments, and the public to help abate pollution of the nation's waters. This intent is illustrated by the fact that permits issued to dischargers of pollutants into navigable waters can be issued by either the Environmental Protection Agency (EPA) or a state agency. Unfortunately, the goal of public involvement is lost in "the confusion caused by this poorly drafted and astonishingly imprecise statute." The resulting inconsistent system forecloses some members of the public from participating in …