Courts Commons^™

Lawyerless Law Development, Colleen F. Shanahan, Jessica K. Steinberg, Alyx Mark, Anna E. Carpenter

Utah Law Faculty Scholarship

The typical American civil trial court is lawyerless. In response, access to justice reformers have embraced a key intervention: changing the judge’s traditional role. The prevailing vision for judicial role reform calls on trial judges to offer accommodation, information, and process simplification to people without legal representation.

Until now, scholars have known little about judicial behavior in lawyerless courts, including whether and how judges are implementing role reform recommendations. Our lack of knowledge stands in stark contrast to the responsibility civil trial judges bear—and the discretionary power they wield—in dispensing justice for millions of unrepresented people each year. While today’s …

Court Reform And The Promise Of Justice: Lessons From Reconstruction, David H. Gans

Lewis & Clark Law Review

The Supreme Court is broken. How should we fix it? This Article argues that Reconstruction, a period in American history when the role of the Supreme Court in American life was hotly debated and Congress repeatedly took steps to reform the courts, provides important and underappreciated lessons.

Reconstruction’s model makes clear that when the Supreme Court runs roughshod over constitutional rights, Congress need not sit on the sidelines. Rather, the Constitution gives it powerful tools of reform. Congress can (1) change the composition of the Court, (2) alter its jurisdiction and regulate its proceedings, and (3) use its express enforcement …

Necessary Necessity: Courts’ Historical Assessment Of The Condition Precedent For Martial Law, Eric Merriam

Oklahoma Law Review

No abstract provided.

Accessing Justice With Zoom: Experiences And Outcomes In Online Civil Courts, Victor D. Quintanilla, Kurt Hugenberg, Ryan Hutchings, Nedim Yel

Articles by Maurer Faculty

The global COVID-19 pandemic brought significant change to our civil justice system, particularly in the rapid shift from in-person to remote court proceedings. Courts across the country, facing the unprecedented challenge of a global health emergency, embraced rapid innovation and the adoption of remote proceeding platforms, such as Zoom and Webex. State courts did so across case types, including within high-volume civil dockets containing evictions, debt collections, small claims, and family law cases, where millions of self-represented and unrepresented litigants encounter the U.S. civil justice system each year. Amid the pandemic, voices converged to encourage these justice innovations, including the …

Judges For Sale: The Effect Of Campaign Contributions On State Criminal Courts, Arturo Romero Yáñez, Neel U. Sukhatme

Georgetown Law Faculty Publications and Other Works

Do campaign contributions impact democratic processes? Using donation data from Texas, we show that criminal defense attorneys who contribute to a district judge’s electoral campaign are preferentially assigned by that judge to indigent defense cases, i.e., public contracts in which the state pays private attorneys to represent poor defendants.

We estimate that attorney donors receive twice as many cases as non-donors during the month of their campaign contribution. Nearly two-thirds of this increase is explained by the contribution itself, with the remainder attributable to shared preferences within attorney-judge pairs, such as those based on professional, ideological, political, or personal ties. …

New York Mental Hygiene Law Article 81 Proceedings: A Proposal To Better Protect The Best Interests Of An Alleged Incapacitated Person, Casey Marsh

Touro Law Review

Guardianship proceedings under New York Mental Hygiene Law Article 81 are intended to protect the personal needs and property management of an alleged incapacitated person. A guardian appointed for a person is responsible for making decisions in line with the best interests and wishes of his or her ward. While guardians serve a very important purpose, the current procedures of guardianship proceedings allow too much room for family members to bring a proceeding without the alleged incapacitated person’s best interests in mind. Often, people bring guardianship proceedings to fish for information on family members or to circumvent a future Surrogate’s …

The Paradoxes Of A Unified Judicial Philosophy: An Empirical Study Of The New Supreme Court, 2020-2022, Victoria Frances Nourse

Georgetown Law Faculty Publications and Other Works

The 2021 Supreme Court Term ended with a bang, yielding blockbuster cases making headlines. But what of the rest of the cases? This is the first major paper to examine the “Trump effect,” meaning the influence of three Justices appointed by President Trump who all share a “unified” judicial philosophy. In a two-year project, starting from 2020, when Justice Barrett ascended to the Court, to the end of June 2022, this article reviews 124 cases and over 300 opinions. There is both good and bad news for the court’s new “unified” judicial philosophy. History and text are both upwardly mobile …

Problems With Authority, Amy J. Griffin

Georgetown Law Faculty Publications and Other Works

Judicial decisionmaking rests on a foundation of unwritten rules—those that govern the weight of authority. Such rules, including the cornerstone principle of stare decisis, are created informally through the internal social practices of the judiciary. Despite the central role of such rules in judicial decisionmaking, we lack a good account of how they are created, revised, and enforced. There is something paradoxical and troubling about the notion that the rules of the game are determined by the players as they play the game according to those rules. Because weight-of-authority rules are largely informal and almost entirely unwritten, we don’t even …

Is Disclosure And Certification Of The Use Of Generative Ai Really Necessary?, Maura R. Grossman, Paul W. Grimm, Daniel G. Brown

Faculty Scholarship

No abstract provided.

Judicial Management Inside The Courts, Marin K. Levy

Faculty Scholarship

No abstract provided.

#Metoo & The Courts: The Impact Of Social Movements On Federal Judicial Decisionmaking, Carol T. Li, Matthew E.K. Hall, Veronica Root Martinez

Faculty Scholarship

In late 2017, the #MeToo movement swept through the United States as individuals from all backgrounds and walks of life revealed their experiences with sexual abuse and sexual harassment. After the #MeToo movement, many scholars, advocates, and policymakers posited that the watershed moment would prompt changes in the ways in which sexual harassment cases were handled. This Article examines the impact the #MeToo movement has had on judicial decisionmaking. Our hypothesis is that the #MeToo movement’s increase in public awareness and political attention to experiences of sexual misconduct should lead to more pro-claimant voting in federal courts at the district …

A New Era At The Court Of International Trade: Endemic, Executive Orders, And Enforcement, Timothy Meyer

Faculty Scholarship

No abstract provided.

Views Of The Irish Judiciary On Technology In Courts: Results Of A Survey, Brian M. Barry Dr, Rónán Kennedy Dr

Articles

Technology continues to transform how judges perform their functions, both in Ireland and elsewhere. This article reports the results of a survey of Irish judges on their use of technology in their role, their attitudes towards technology, and their views on how it impacts on the judicial function. The survey, part of a global survey, found that Irish judges habitually used digital technologies, and were broadly satisfied with the technology available in chambers, but less so with what was provided in courtrooms. Although generally happy to embrace change, the majority of respondents were concerned with, and did not prefer, online …

The Political Ramifications Of Judicial Institutions: Establishing A Link Between Dobbs And Gender Disparities In The 2022 Midterms, Udi Sommers, Or Rappel-Kroyzer, Amy Adamczyk, Lindsay Lerner, Anna Weiner

Publications and Research

In the American system of government, courts are designed to operate within the legal sphere, with limited political interference. Is it possible, though, that a behavior that is at the heart of the political process can be influenced directly by a judicial decision? Focusing on voter registration big data for the universe of voters in North Carolina around the time of Dobbs v. Jackson Women’s Health Organization, the authors assess the roles of gender, political party affiliation, and age in voter registration. North Carolina is the only state whose voter registry has the necessary granularity over time and information needed. …

Race-Ing Antitrust, I. Bennett Capers, Gregory Day

Faculty Scholarship

Antitrust law has a race problem. To spot an antitrust violation, courts inquire into whether an act has degraded consumer welfare. Since anticompetitive practices are often assumed to enhance consumer welfare, antitrust offenses are rarely found. Key to this framework is that antitrust treats all consumers monolithically; that consumers are differently situated, especially along lines of race, simply is ignored.

We argue that antitrust law must disaggregate the term “consumer” to include those who disproportionately suffer from anticompetitive practices via a community welfare standard. As a starting point, we demonstrate that anticompetitive conduct has specifically been used as a tool …

Good Representatives, Bad Objectors, And Restitution In Class Settlements, Jay Tidmarsh, Tladi Marumo

Journal Articles

his Article uses two recent decisions -one prohibiting incentive awards to class representatives and one permitting disgorgement of side payments to class objectors - to explore deeper connections between class­action settlements and the law of restitution. The failure to correctly apply the law of restitution led both courts astray. First, courts can approve incentive awards, as long as an award properly reflects the benefit that the representative's efforts bestowed on the class. Second, restitution provides a basis to disgorge improper side payments to objectors, but only under conditions different from those that the court described. More broadly, attention to the …

Proper Parties, Proper Relief, Samuel L. Bray, William Baude

Journal Articles

From the Introduction

In the last Term at the United States Supreme Court [2022], standing was the critical question in several major cases: the two challenges to the Biden Administration’s first student loan forgiveness plan, Biden v. Nebraska and Department of Education v. Brown, as well as the challenge to the Administration’s immigration priorities in United States v. Texas and the race-discrimination challenge to the Indian Child Welfare Act in Haaland v. Brackeen. Standing has featured heavily in journalistic coverage of the decision in 303 Creative LLC v. Elenis. And standing may have been the reason for the Court’s stay …

Catalyzing Judicial Federalism, Adam B. Sopko

Publications

No abstract provided.

Constitutional Norms And State Judicial Confirmations, Adam B. Sopko

Publications

No abstract provided.

Catch And Release Jurisdiction, Adam B. Sopko

Publications

No abstract provided.