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2023

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Articles 451 - 465 of 465

Full-Text Articles in Courts

Views Of The Irish Judiciary On Technology In Courts: Results Of A Survey, Brian M. Barry Dr, Rónán Kennedy Dr Jan 2023

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 …

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From Cryptocurrencies To Cryptocourts: Blockchain And The Financialization Of Dispute Resolution Platforms, Matthew Dylag Jan 2023

From Cryptocurrencies To Cryptocourts: Blockchain And The Financialization Of Dispute Resolution Platforms, Matthew Dylag

Articles, Book Chapters, & Popular Press

This paper contributes to emerging discussions of blockchain governance through an analysis of dispute resolution platforms that reimagine justice. We focus specifically on Kleros, a blockchain-enabled dispute resolution platform, that promises to secure, authenticate, and democratize access to justice for the twenty-first century. We advance the concept of cryptocourts whereby jurors, incentivized by accumulating cryptocurrency, rapidly mobilize using principles of on-demand crowdsourcing to resolve disputes. We critique the broader social imaginaries that cryptocourts such as Kleros will result in a more open, trustworthy, transparent, and democratic systems of justice. These platforms instead pose important questions concerning their potential impact …

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The Public Defender Movement In The Age Of Mass Incarceration: Georgia's Experience, Robert L. Tsai Jan 2023

The Public Defender Movement In The Age Of Mass Incarceration: Georgia's Experience, Robert L. Tsai

Faculty Scholarship

Focusing on the efforts of the Southern Center for Human Rights, this article offers a grassroots history of the creation of the first statewide public defender in the State of Georgia in 2003. Whereas federal court litigation to improve indigent defense failed to achieve lasting reform, a shift in tactics toward “rebellious localism,” characterized by state court lawsuits against county and city officials, succeeded in prodding lawmakers to create a new framework for delivering legal services to indigent defendants. This model of legal change was effective in documenting structural flaws and creating momentum for reform. Yet other conditions—such as front-end …

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Easing The Burden Of Survivors Of Domestic Violence Through The "One Family, One Judge" Court Model: Why Integrated Domestic Violence ("Idv") Courts Should Be Instituted Throughout The United States, Elka B. Blonder Jan 2023

Easing The Burden Of Survivors Of Domestic Violence Through The "One Family, One Judge" Court Model: Why Integrated Domestic Violence ("Idv") Courts Should Be Instituted Throughout The United States, Elka B. Blonder

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the implementation of Integrated Domestic Violence (IDV) Courts nationwide, arguing that these courts provide a more efficient and supportive system for survivors of domestic violence by consolidating criminal, civil, and family cases under a single judge. This "one family, one judge" model aims to reduce the fragmentation and trauma survivors face in traditional court systems, offering a holistic approach that enhances survivor safety and offender accountability.

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Confirm Rachel Bloomekatz To The Sixth Circuit, Carl Tobias Jan 2023

Confirm Rachel Bloomekatz To The Sixth Circuit, Carl Tobias

Law Faculty Publications

Now that the United States Senate is convening after the July Fourth holiday, the upper chamber must promptly appoint Rachel Bloomekatz to the U.S. Court of Appeals for the Sixth Circuit. The nominee, whom President Joe Biden selected in May 2022, provides remarkable experiential, gender, and ideological expertise that she deftly realized in litigating high-profile gun control, environmental, and other significant cases in federal appellate courts and district courts. Over fifteen years, the nominee has reached law’s pantheon across a broad spectrum from extremely prestigious clerkships with Justice Stephen Breyer and particularly distinguished federal court and state court jurists to …

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"How Exactly Does It Get Done Here?" Conducting Cross-Jurisdictional Research With Judges And Court Staff, Paula Hannaford-Agor Jan 2023

"How Exactly Does It Get Done Here?" Conducting Cross-Jurisdictional Research With Judges And Court Staff, Paula Hannaford-Agor

Faculty Publications

The legal, political, and organizational environment in which judges and court staff work affects their performance in significant ways. To ensure that researchers control for these effects, it is critical that they take sufficient time in the research design phase to identify relevant factors that might complicate their analyses or distort the interpretation of research findings. This article highlights common challenges of multijurisdictional research, including inconsistent use of terminology, differing organizational structures and procedures, and exogenous factors such as court governance, policymaking authority, funding, and local court culture. It also offers guidance to researchers on identifying and integrating these factors …

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Faux Advocacy In Amicus Practice, James G. Dwyer Jan 2023

Faux Advocacy In Amicus Practice, James G. Dwyer

Faculty Publications

Amicus brief filing has reached “avalanche” volume. Supreme Court Justices and lower court judges look to these briefs particularly for non-case-specific factual information––“legislative facts”—relevant to a case. This Article calls attention to a recurrent yet unrecognized problem with amicus filings offering up legislative facts in the many cases centrally involving the most vulnerable members of society—namely, non-autonomous persons, including both adults incapacitated by mental illness, intellectual disability, or other condition, and children. Some amici present themselves as advocates for such persons but use the amicus platform to serve other constituencies and causes, making false or misleading factual presentations about the …

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Constitutional Norms And State Judicial Confirmations, Adam B. Sopko Jan 2023

Constitutional Norms And State Judicial Confirmations, Adam B. Sopko

Publications

No abstract provided.

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Catalyzing Judicial Federalism, Adam B. Sopko Jan 2023

Catalyzing Judicial Federalism, Adam B. Sopko

Publications

No abstract provided.

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Catch And Release Jurisdiction, Adam B. Sopko Jan 2023

Catch And Release Jurisdiction, Adam B. Sopko

Publications

No abstract provided.

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The Paradox Of Juridical Secularism: An Illustration Through The Cases Of Sabarimala And Hijab, Sukriti . Jan 2023

The Paradox Of Juridical Secularism: An Illustration Through The Cases Of Sabarimala And Hijab, Sukriti .

National Law School Journal

Secularism in India was imagined in cognisance of religion's entrenchment in the public life of the country as well as in people’s identities. This form of secularism was made possible within the Constitution of India through a broad framing of religious freedoms that was limited by statist concerns such as public order, morality, and health. In the face of rising majoritarianism, secular values are under serious challenge, impacting the right to religious freedom and expression. In the face of this challenge, this article assesses the judiciary’s engagement with religion on issues of discrimination against women. The article contends that the …

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Towards A Monist Constitutional Ideology? In Re: Article 370 Of The Constitution, Subordination Of Jammu And Kashmir, And The Supra-Constitutional Presidential Power, Zaid Deva Jan 2023

Towards A Monist Constitutional Ideology? In Re: Article 370 Of The Constitution, Subordination Of Jammu And Kashmir, And The Supra-Constitutional Presidential Power, Zaid Deva

National Law School Journal

This case comment shows how the fascination for a certain form of a monist constitutional order, first articulated by the opposition during the Nehru years, was institutionalised in the form of a judicial discourse, culminating in the Article 370 judgement. At the heart of this discourse lay two imaginaries: (i) a subordinated Jammu and Kashmir (J&K) and (ii) an unbounded or supra-constitutional power vested in the Indian president to deal with J&K, freed of the express conditions precedent laid down in the proviso to Clause 3 of Article 370. In this case comment, I trace the continuities between these monist …

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Religious Convictions, Anna Offit Jan 2023

Religious Convictions, Anna Offit

Faculty Publications

The Anglo-American jury emerged at a time when legal and religious conceptions of justice were entwined. Today, however, though the American public remains comparatively religious, the country’s legal system draws a distinction between legal and religious modes of determining culpability and passing judgment. This Article examines the doctrine that governs the place of religious belief and practice in U.S. jury selection proceedings. It argues that the discretion afforded to judges with respect to applying the Batson antidiscrimination doctrine has given these beliefs and practices an ambiguous status. On the one hand, judges aim to protect prospective religious jurors from discrimination. …

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Taxes, Administrative Law, And Agency Expertise: Questioning The Orthodoxy, Scott Schumacher Jan 2023

Taxes, Administrative Law, And Agency Expertise: Questioning The Orthodoxy, Scott Schumacher

Articles

One of the foundations of administrative law is that federal agencies and their employees are experts in their respective fields. In addition, the many judgments and decisions made by these experts are based on a thorough record after extensive factfinding. As a result, so the theory goes, courts, particularly courts of general jurisdiction like the United States District Courts, should give deference to the determinations made by these experts. But what if the facts underpinning this foundation are not true in all cases? Should courts nevertheless provide deference to decisions by agencies when it is evident that an agency's determinations …

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Due Process Deportations, Angelica Chazaro Jan 2023

Due Process Deportations, Angelica Chazaro

Articles

Should pro-immigrant advocates pursue federally funded counsel for all immigrants facing deportation? For most pro-immigrant advocates and scholars, the answer is self-evident: More lawyers for immigrants would mean more justice for immigrants, and thus, the federal government should fund such lawyers. Moreover, the argument goes, federally funded counsel for immigrants would improve due process and fairness, as well as make immigration enforcement more efficient. This Article argues the opposite: Federally funded counsel is the wrong goal. The majority of expulsions of immigrants now happen outside immigration courts— and thus are impervious to immigration lawyering. Even for those who make it …

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