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Articles 391 - 420 of 503
Full-Text Articles in Courts
The Inconvenience Of Justice: How Unmitigated Official Misconduct Almost Destroyed The Lives Of Five Young Boys From Harlem, Stefania Bordone, David Wright
The Inconvenience Of Justice: How Unmitigated Official Misconduct Almost Destroyed The Lives Of Five Young Boys From Harlem, Stefania Bordone, David Wright
Journal of Race, Gender, and Ethnicity
No abstract provided.
Interbranch Information Sharing: Examining The Statutory Opinion Transmission Project, Marin K. Levy, Tejas N. Narechania
Interbranch Information Sharing: Examining The Statutory Opinion Transmission Project, Marin K. Levy, Tejas N. Narechania
Faculty Scholarship
No abstract provided.
Are Litigation Outcome Disparities Inevitable? Courts, Technology, And The Future Of Impartiality., Avital Mentovich, J.J. Prescott, Orna Rabinovich-Einy
Are Litigation Outcome Disparities Inevitable? Courts, Technology, And The Future Of Impartiality., Avital Mentovich, J.J. Prescott, Orna Rabinovich-Einy
Articles
This article explores the ability of technology—specifically, online judicial procedures—to eliminate systematic group-level litigation outcome disparities (i.e., disparities correlated with the visible identity markers of litigants). Our judicial system has long operated under the assumption that it can only be “impartial enough.” After all, judges, like all human beings, harbor implicit biases that are often sizable, unconscious, and triggered automatically, and research indicates that strategies to curb implicit biases in human decision making may be ineffective, especially in the face of the resource and caseload constraints of modern-day adjudication. The recent emergence of online court proceedings, however, offers new hope …
Does Docket Size Matter? Revisiting Empirical Accounts Of The Supreme Court's Incredibly Shrinking Docket, Michael Heise, Martin T. Wells, Dawn M. Chutkow
Does Docket Size Matter? Revisiting Empirical Accounts Of The Supreme Court's Incredibly Shrinking Docket, Michael Heise, Martin T. Wells, Dawn M. Chutkow
Cornell Law Faculty Publications
Drawing on data from every Supreme Court Term between 1940 and 2017, this Article revisits, updates, and expands prior empirical work by Ryan Owens and David Simon (2012) finding that ideological, contextual, and institutional factors contributed to the Court’s declining docket. This Article advances Owens and Simon’s work in three ways: broadening the scope of the study by including nine additional Court Terms (through 2017), adding alternative ideological and nonideological variables into the model, and considering alternative model specifications. What emerges from this update and expansion, however, is less clarity and more granularity and complexity. While Owens and Simon emphasized …
The Politics Of Lawyer Regulation: The Case Of Malpractice Insurance, Leslie C. Levin
The Politics Of Lawyer Regulation: The Case Of Malpractice Insurance, Leslie C. Levin
Faculty Articles and Papers
This Article examines the politics of lawyer regulation and considers why some states will adopt lawyer regulation that protects the public, when others will not. It uses the debates over how to regulate uninsured lawyers as a lens through which to examine the question. Clients often cannot recover damages from uninsured lawyers who commit malpractice, even when those lawyers cause serious harm. Yet only two states require that lawyers carry malpractice insurance. This Article uses case studies to examine the ways in which six states recently have addressed the issue of uninsured lawyers to understand this regulatory failure. It uses …
Eliminating The Criminal Debt Exception For Debtors' Prison, Cortney E. Lollar
Eliminating The Criminal Debt Exception For Debtors' Prison, Cortney E. Lollar
Law Faculty Scholarly Articles
Although the exact number is unknown due to poor documentation, the data available suggests nearly a quarter of the current incarcerated population is detained due to a failure to pay their legal financial obligations. In federal courts alone, the amount of criminal legal debt owed to the U.S. government in fiscal year 2017 totaled more than $27 billion, and to third parties, more than $96 billion, not including interest. In 2004, approximately sixty-six percent of all prison inmates were assessed a fine or fee as part of their criminal sentence.4 Not surprisingly, legal financial obligations disproportionately impact poor defendants and …
Fines, Fees, And Filing Bankruptcy, Pamela Foohey
Fines, Fees, And Filing Bankruptcy, Pamela Foohey
Articles by Maurer Faculty
When faced with mounting civil or criminal court fines, fees, and interest-"court debt," as broadly defined-people may consider turning to the bankruptcy system to deal with that debt. Every year, about a million people file bankruptcy, seeking to discharge most of their debts. Although most court debt is categorically nondischargeable, bankruptcy's discharge may provide people struggling with court debt a way to wipe the slate somewhat clean so they have a better chance of paying such debt. Also, people who file bankruptcy under chapter 13--one of the two most common chapters filed by consumers are entitled to a so-called "superdischarge" …
Popping The Question: What The Questionnaire For Federal Judicial Appointments Reveals About The Pursuit Of Justice, Diversity, And The Commitment To Transparency, Agathon Fric
Dalhousie Law Journal
Since 2017, the Canadian government has published excerpts from questionnaires that prospective judges completed as part of the judicial selection process, subjecting newly appointed superior and federal court judges to a degree of scrutiny that is unprecedented in Canadian history. Using this novel source material, this article explores what a sample of 16 judges’ questionnaires do and do not say about the individuals behind the robes. This review suggests that those appointed to the bench in 2017 generally demonstrate insight into the judicial role in Canada. However, some provide only superficial responses, others parrot back normative values that the government …
Superseding Money Judgments In Texas: Four Proposed Reforms To Help The Business Litigant And To Further Improve The Texas Civil Justice System, James Holmes
St. Mary's Law Journal
Abstract forthcoming.
The Life And Legal Legacy Of Justice Steven L. Zinter, Neil Fulton
The Life And Legal Legacy Of Justice Steven L. Zinter, Neil Fulton
Faculty Publications
Justice Steven L. Zinter was a vital part of South Dakota's legal landscape for decades. As a private practitioner, circuit court judge, supreme court justice, and in other official capacities, he forged a powerful legacy in South Dakota. Over the course of his time he worked on cases large and small in many areas of law. He was recognized as a brilliant legal mind, precise writer, and careful thinker. It is a challenge to capture the breadth and depth of such a career. This article takes a look at his personal formation, his legal work in several settings, and how …
Restoring Stare Decisis In The Wake Of Janus V. Afscme, Council 31, James Tilghman
Restoring Stare Decisis In The Wake Of Janus V. Afscme, Council 31, James Tilghman
NYLS Law Review
No abstract provided.
Covid, Crisis, And Courts, Colleen Shanahan, Alyx Mark, Jessica Steinberg, Anna Carpenter
Covid, Crisis, And Courts, Colleen Shanahan, Alyx Mark, Jessica Steinberg, Anna Carpenter
Faculty Articles
Our country is in crisis. The inequality and oppression that lies deep in the roots and is woven in the branches of our lives has been laid bare by a virus. Relentless state violence against Black people has pushed protestors to the streets. We hope that the legislative and executive branches will respond with policy change for those who struggle the most among us: rental assistance, affordable housing, quality public education, comprehensive health and mental health care. We fear that the crisis will fade, and we will return to more of the same. Whatever lies on the other side of …
Judicial Independence: Origins And Contemporary Challenges, David J. Barron
Judicial Independence: Origins And Contemporary Challenges, David J. Barron
Roger Williams University Law Review
No abstract provided.
Boldly Marching Through Closed Doors: The Experiences Of The Earliest Female Attorneys In Their Own Words, Nicole P. Dyszlewski
Boldly Marching Through Closed Doors: The Experiences Of The Earliest Female Attorneys In Their Own Words, Nicole P. Dyszlewski
Roger Williams University Law Review
No abstract provided.
Comments To Hud Re: Fr-6111-P-02, Hud’S Implementation Of The Fair Housing Act’S Disparate Impact Standard, Lauren E. Willis, Olatunde C.A. Johnson, Mark Niles, Rigel Christine Oliveri
Comments To Hud Re: Fr-6111-P-02, Hud’S Implementation Of The Fair Housing Act’S Disparate Impact Standard, Lauren E. Willis, Olatunde C.A. Johnson, Mark Niles, Rigel Christine Oliveri
Faculty Scholarship
In key places, HUD’s 2019 proposed "Implementation of the Fair Housing Act’s Disparate Impact Standard" is at odds with express provisions of the Fair Housing Act (FHA) and goes so far as to invent new defenses to liability for housing discrimination and to place the burden of pleading and proving the nonexistence of some of these defenses on plaintiffs. In addition, the proposed rule addresses itself to matters beyond the FHA; specifically, to evidentiary and procedural issues as they may arise in cases brought under the FHA in federal or state courts. HUD provides no reasoned justification for these changes …
The Hard Truths Of Progressive Prosecution And A Path To Realizing The Movement’S Promise, Seema Gajwani, Max G. Lesser
The Hard Truths Of Progressive Prosecution And A Path To Realizing The Movement’S Promise, Seema Gajwani, Max G. Lesser
NYLS Law Review
No abstract provided.
Pushing The Envelope: Salzberg V. Sciabacucchi And Delaware's Evolving View Of The Internal Affairs Doctrine, Mark J. Loewenstein
Pushing The Envelope: Salzberg V. Sciabacucchi And Delaware's Evolving View Of The Internal Affairs Doctrine, Mark J. Loewenstein
Publications
In January, 2020, the Delaware Supreme Court handed down its decision in Salzberg v. Sciabacucchi, upholding a provision in a certificate of incorporation that designated the federal courts as the exclusive jurisdiction for the litigation of claims under the federal Securities Act of 1933. The inclusion of these provisions in Delaware charters and bylaws – often referred to as “Federal Forum Provisions” or FFPs – raised important questions as to the reach of the internal affairs doctrine. This doctrine provides that the jurisdiction of incorporation regulates the internal affairs of its corporations: the relationship among and between the corporate …
Ethical Considerations For Attorneys Researching Jurors On The Internet, Anthony M. Lapinta
Ethical Considerations For Attorneys Researching Jurors On The Internet, Anthony M. Lapinta
Journal of Race, Gender, and Ethnicity
No abstract provided.
What Keith Bush’S Exoneration Teaches Us About Wrongful Convictions, Oscar Michelen
What Keith Bush’S Exoneration Teaches Us About Wrongful Convictions, Oscar Michelen
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Central Park Five As “Discrete And Insular” Minorities Under The Equal Protection Clause: The Evolution Of The Right To Counsel For Wrongfully Convicted Minors, Todd K. Beharry
Journal of Race, Gender, and Ethnicity
No abstract provided.
From Common Law To Constitution, Sanctioned Dispossession And Subjugation Through Otherization And Discriminatory Classification, Mobolaji Oladeji
From Common Law To Constitution, Sanctioned Dispossession And Subjugation Through Otherization And Discriminatory Classification, Mobolaji Oladeji
Journal of Race, Gender, and Ethnicity
No abstract provided.
Who Should Decide? Why Arizona Courts Should Reevaluate Their Reweighing Procedures, Andrea Johnson
Who Should Decide? Why Arizona Courts Should Reevaluate Their Reweighing Procedures, Andrea Johnson
North Carolina Central Law Review
No abstract provided.
Accountability And Repair: The Prosecutor’S Case For Restorative Justice, Miriam Krinsky, Taylor Phares
Accountability And Repair: The Prosecutor’S Case For Restorative Justice, Miriam Krinsky, Taylor Phares
NYLS Law Review
No abstract provided.
Environmental Law, Jocelyn Stacey
Environmental Law, Jocelyn Stacey
All Faculty Publications
In commemoration of their 50th anniversary, this chapter examines the Federal Courts’ role in shaping environmental law in Canada. The chapter uses well-known environmental principles – the precautionary principle, sustainable development and access to (environmental) justice – as focal points for examining environmental law as well as the legal culture of the Federal Courts. The chapter identifies four distinct interpretive roles that the Federal Courts have ascribed to the precautionary principle and it argues that three of these roles have the potential to generate more coherent and transparent doctrine that upholds the rule of law in the environmental context. In …
The Meaning Of Life: A Study Of The Use Of Parole Ineligibility For Murder Sentencing, Isabel Grant, Crystal Choi, Debra Parkes
The Meaning Of Life: A Study Of The Use Of Parole Ineligibility For Murder Sentencing, Isabel Grant, Crystal Choi, Debra Parkes
All Faculty Publications
A number of legal developments in recent years suggest that murder sentencing may be becoming increasingly punitive. This study examines two aspects of setting parole ineligibility. First, using cases from three two-year time periods spanning the past three decades, the authors explore whether judicial calculations of parole ineligibility for second degree murder have changed over time. Second, the authors examine changes enacted in 2011 to allow parole ineligibility to be imposed consecutively for those who commit more than one murder. The study finds a national trend towards reduced reliance on the minimum 10-year period of parole ineligibility, a slight increase …
How Circuits Can Fix Their Splits, Wyatt G. Sassman
How Circuits Can Fix Their Splits, Wyatt G. Sassman
Marquette Law Review
The desire to avoid conflicts between the regional circuits of the federal courts of appeals, commonly known as “circuit splits,” has had an immense influence on the structure and operation of the federal appellate courts for roughly a century. Over time, the Supreme Court has been assigned responsibility for resolving these conflicts. Yet as overall federal caseloads have increased, this reliance on the Supreme Court has imposed serious and well-recognized burdens on the operation of the federal courts. For decades scholars have debated bold proposals to address these problems, such as creating a new national court dedicated to resolving conflicts …
Promise Amid Peril: Prea's Efforts To Regulate An End To Prison Rape, Brenda V. Smith
Promise Amid Peril: Prea's Efforts To Regulate An End To Prison Rape, Brenda V. Smith
Project on Addressing Prison Rape - Articles
This Article discusses the modest aspirations of the Prison Rape Elimination Act (“PREA”) that passed unanimously in the United States Congress in 2003. The Article posits that PREA created opportunities for holding correctional authorities accountable by creating a baseline for safety and setting more transparent expectations for agencies’ practices for protecting prisoners from sexual abuse. Additionally, the Article posits that PREA enhanced the evolving standards of decency for the Eighth Amendment and articulated clear expectations of correctional authorities to provide sexual safety for people in custody.
The Copyrightability Of Fictional Characters: Why Harry Potter, Arya Stark, And Matrim Cauthon Are Copyrightable, Justin Scharff
The Copyrightability Of Fictional Characters: Why Harry Potter, Arya Stark, And Matrim Cauthon Are Copyrightable, Justin Scharff
Touro Law Review
No abstract provided.
Criminal Usury And Its Impact On New York Business Transactions, Christopher Basile
Criminal Usury And Its Impact On New York Business Transactions, Christopher Basile
Touro Law Review
No abstract provided.
How To Deter Pedestrian Deaths: A Utilitarian Perspective On Careless Driving, John Clennan
How To Deter Pedestrian Deaths: A Utilitarian Perspective On Careless Driving, John Clennan
Touro Law Review
No abstract provided.