Courts Commons^™

Rethinking Judicial Elections, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.

Virginia's Capital Jurors, Stephen P. Garvey, Paul Marcus

Cornell Law Faculty Publications

Next to Texas, no state has executed more capital defendants than Virginia. Moreover, the likelihood of a death sentence actually being carried out is greater in Virginia than it is elsewhere, while the length of time between the imposition of a death sentence and its actual execution is shorter. Virginia has thus earned a reputation among members of the defense bar as being among the worst of the death penalty states. Yet insofar as these facts about Virginia's death penalty relate primarily to the behavior of state and federal appellate courts, they suggest that what makes Virginia's death penalty unique …

Lay Participation In Legal Decision Making: Introduction To Law & Policy Special Issue, Valerie P. Hans

Cornell Law Faculty Publications

United States scholarship on lay participation revolves around one predominant form of lay participation, the jury (Hans & Vidmar forthcoming 2004). However, in the legal systems of many countries, laypeople participate as decision makers in other ways. Laypersons serve as judges (Provine 1986), magistrates (Diamond 1993), and private prosecutors (Perez Gil 2003). Lay and law-trained judges may also decide cases together in mixed tribunals (Kutnjak Ivkovi6 2003; Machura 2003; Vidmar 2002). Although diverse in structure, these methods share with the jury a set of animating ideas about lay involvement in legal decision making.

Many of these ideas appear to be …

The Choice-Of-Law Revolution In The United States: Notes On Rereading Von Mehren, Gary J. Simson

Cornell Law Faculty Publications

No abstract provided.

Public Rights, Private Rites: Reliving Richmond Newspapers For My Father, Laurence H. Tribe

The Journal of Appellate Practice and Process

No abstract provided.

Learning (And Teaching) From Doing, Edward B. Foley

The Journal of Appellate Practice and Process

No abstract provided.

I Couldn't Wait To Argue, Timothy Coates

The Journal of Appellate Practice and Process

No abstract provided.

The Holmes Group, Inc. V. Vornado Air Circulation Systems, Inc.: The Return Of Patent Appeals To The Regional Circuits, Peter O. Huang

The Journal of Appellate Practice and Process

No abstract provided.

Why Me?, Walter Dellinger

The Journal of Appellate Practice and Process

No abstract provided.

Still Grateful After All These Years, Christina M. Tchen

The Journal of Appellate Practice and Process

No abstract provided.

A Rarefied Kind Of Dread, David I. Bruck

The Journal of Appellate Practice and Process

No abstract provided.

Tilting At Windmills, Andrew L. Frey

The Journal of Appellate Practice and Process

No abstract provided.

Applications For Certificates Of Appealability And The Supreme Court's "Obligatory" Jurisdiction, Brent E. Newton

The Journal of Appellate Practice and Process

No abstract provided.

A Chilly Reception At The Court, David J. Bederman

The Journal of Appellate Practice and Process

No abstract provided.

Twice Grilled, J. Thomas Sullivan

The Journal of Appellate Practice and Process

No abstract provided.

Pretender In Paradise, J. Richard Cohen

The Journal of Appellate Practice and Process

No abstract provided.

First Argument In The United States Supreme Court, Talbot D'Alemberte

The Journal of Appellate Practice and Process

No abstract provided.

Preface, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.

Once Is Not Enough, Or How About Arguing Your First Two Supreme Court Cases Back To Back . . . And Losing?, Ian A. Macpherson

The Journal of Appellate Practice and Process

No abstract provided.

Advocacy Before The United States Supreme Court, Robert H. Jackson

The Journal of Appellate Practice and Process

No abstract provided.

First Argument Impressions Of The Supreme Court, Stuart M. Riback

The Journal of Appellate Practice and Process

No abstract provided.

A First Argument In The Tradition Of Many, Beth S. Brinkmann

The Journal of Appellate Practice and Process

No abstract provided.

A Six-Three Rule: Reviving Consensus And Deference On The Supreme Court, Jed Handelsman Shugerman

Faculty Scholarship

Over the past three decades, the Supreme Court has struck down federal statutes by a bare majority with unprecedented frequency. This Article shows that five-four decisions regularly overturning acts of Congress are a relatively recent phenomenon, whereas earlier Courts generally exercised judicial review by supermajority voting.

One option is to establish the following rule: The Supreme Court may not declare an act of Congress unconstitutional without a two-thirds majority. The Supreme Court itself could establish this rule internally, just as it has created its nonmajority rules for granting certiorari and holds, or one Justice who would otherwise be the fifth …

The Federal Court System: A Principal-Agent Perspective, Tracey E. George, Albert H. Yoon

Vanderbilt Law School Faculty Publications

Professor Merrill ably demonstrates that Supreme Court decisions should be examined as the product of an inherently political institution. Observers who assert that Justices are best understood as prophets of the law are practicing an intellectual sleight of hand that allows them to ignore the non­ doctrinal factors that affect judicial behavior. Such an effort is understandable. The Court is a much more complicated subject if its rulings reflect nonlegal factors as well as legal ones. The desire, however, to ignore the true character of the Court produces accounts of its behavior that are inadequate, incorrect, or wholly without content. …

Congress And The Making Of The Second Rehnquist Court, Neal Devins

Faculty Publications

No abstract provided.

Criminalization Of People With Mental Illnesses: The Role Of Mental Health Courts In System Reform, Robert Bernstein, Tammy Seltzer

University of the District of Columbia Law Review

No abstract provided.

Threats Made, Threats Posed School And Judicial Analysis In Need Of Redirection, Sarah E. Redfield

Brigham Young University Education and Law Journal

No abstract provided.

Special Juries: Deterring Spurious Medical Malpractice Litigation In State Courts, Alan Feigenbaum

Cardozo Law Review

No abstract provided.

The Replacement Dilemma: An Argument For Eliminating A Non-Class Replacement Requirement In The Prima Facie Stage Of Title Vii Individual Disparate Treatment Discrimination Claims, Marla Swartz

Michigan Law Review

Although manifestations of discrimination in the workplace have changed greatly over time, employment discrimination continues to be a tremendous problem in society. By enacting Title VII of the Civil Rights Act of 1964 ("Title VII"), Congress shielded employees from arbitrary adverse employment actions arising from discrimination related to race, color, religion, sex, or national origin. Three years later, Congress passed the Age Discrimination in Employment Act ("ADEA"), guaranteeing the same protections against discrimination based on age.4 Finally, the Americans with Disabilities Act ("ADA"), passed in 1990, prohibited discrimination based on personal disability. Ten years after Congress enacted the Civil Rights …

Advisory Juries And Their Use And Misuse In Federal Tort Claims Act Cases, Matthew L. Zabel

BYU Law Review

No abstract provided.