Courts Commons^™

Guest Editorial: Making Gender Equality Visible In Judicial Selections At The European Court Of Justice, Laure Clément-Wilz, Fernanda G. Nicola

Scholarly Articles in Law Reviews & Journals

We begin this issue with a Guest Editorial by Laure Clement-Wilz and Fernanda Nicola, who invite reflection on the criteria for judicial selection at the European Court of Justice. They propose integrating gender parity as a soft criterion in the judicial selection process, thereby contributing to broader discussions on diversity in judicial appointments

The Pursuit Of Municipal Sovereignty: How The Ohio Legislature Is Attempting To Violate The Right To Local Self-Governance, Cole Sundermann

Cleveland State Law Review

This Note examines the Ohio Legislature’s recent efforts to undermine the constitutional right to local self-governance guaranteed by the Ohio’s home rule amendment within the Ohio Constitution. By focusing on Senate Bills 91, 137, and 158, it analyzes the legislative initiatives aimed at preempting municipal powers to implement participatory budgeting and ranked-choice voting systems. These bills exemplify a broader trend of the Legislature’s attempt at eroding municipal autonomy in Ohio, cutting against the principles of local sovereignty established by the 1912 Constitutional Convention. The Note argues that such preemption efforts violate the core right to self-governance as interpreted by the …

Responding To Police Perjury, David R. Katner

Cleveland State Law Review

The way in which defense lawyers phrase their challenges in criminal proceedings where police witnesses are thought to have committed perjury might place decisionmakers in the awkward position of unintentionally or intentionally coming to the aid of the witnesses who are unable to defend themselves during closing arguments. This article proposes a shift in the paradigm of how defense counsel characterize and handle testimony that seems untruthful, without having to engage in tactics that intend to be disrespectful to all police officers, let alone to the witnesses in the trial. Creating a continuum from absolute truthfulness to absolute untruthfulness and …

Making Criminal Penalties Collar-Blind On The Federal Level, Claire Osborn-Wright

Cleveland State Law Review

This paper is intended to be the first in a series of papers that addresses whether lower income individuals suffer all of the following at much higher rates than their percentage of the population would suggest should be the case: (1) police stops for questioning; (2) arrests; (3) prosecutions; (4) convictions; and (5) lengthy post-conviction incarcerations. In particular, this first paper addresses the question of whether prison sentences imposed for “blue-collar crimes” are significantly longer than prison sentences imposed for “white-collar crimes.” In general, “blue-collar crimes” refer to crimes that are committed by individuals who possess blue-collar professions and “white-collar …

Middle Schoolers Explore The Rule Of Law At Second Annual Mandell-Boisclair Justice Camp 7-17-2025, Jordan J. Phelan

School of Law Conferences, Lectures & Events

No abstract provided.

Law School News: Middle Schoolers Explore The Rule Of Law At Second Annual Mandell-Boisclair Justice Camp 07-17-2025, Jordan J. Phelan

Life of the Law School (1993- )

No abstract provided.

Wither, Religious Liberty, Amanda Harmon Cooley

BYU Law Review

During the oft-deemed Constitutional Revolution of 1937, the U.S. Supreme Court effected a significant sea-change in its substantive due process liberty analysis. In West Coast Hotel v. Parrish, the Court held that the Due Process Clause’s liberty provision does not protect absolute freedom of contract, signaling the demise of the Lochner era. Almost a century later, the current Supreme Court’s supermajority bloc is now infamous for its own seismic shift in liberty analysis. This Court’s incontrovertible Constitutional Revolution of 2022 was not limited to only substantive due process, which the Court shifted with its decision in Dobbs v. Jackson Women’s …

Courts And Social Justice, Shai Dothan

Loyola of Los Angeles Law Review

Many scholars have argued that courts are either harmful or useless when it comes to improving social justice in society. There are three main reasons offered in support of this argument: (1) Courts are elitist institutions that support the high social class of the judges at the expense of the rest of society, (2) the structure of litigation is geared towards harming the rights of people with modest economic means, (3) even when courts try to impose a higher standard of social justice, they are not able to initiate real social change. The purpose of this paper is to investigate …

Justice Making, Justice Spaces And Justice Users, Dean D' Cruz, Reboni Saha, Siddhrath Peter De Souza, Varsha Aithala, Naomi Jose, Sharada Kerkar

Books

This insightful book reimagines how justice systems can be reshaped to better serve the needs of people—especially those who are disadvantaged. Focusing on public spaces in Goa—courtrooms, police stations, protest sites, and classrooms—it asks how these spaces are structured, and what must change for them to truly support those seeking justice.

Drawing on insights from practitioners, activists, and researchers, the authors explore how ordinary people relate to these spaces and the barriers they face. Through grounded case studies and theoretical reflections, the chapters of this work offer a wider commentary on how we might design justice systems that are more …

Statewide Injunction: State Judicial Power And Meaningful Remedies, Constance Van Kley

Faculty Law Review Articles

As federal courts increasingly limit the scope of constitutional remedies, state courts have begun issuing statewide injunctions that extend protections beyond individual litigants. This article examines the doctrinal foundations and implications of such injunctions, arguing that they represent a legitimate exercise of state judicial power. By analyzing historical practices, procedural norms, and recent case law, the author contends that statewide injunctions can serve as essential tools for enforcing civil rights and ensuring meaningful relief. The piece calls for a reevaluation of remedial doctrines to better accommodate the evolving role of state courts in safeguarding constitutional guarantees.

Measuring How Much Judges Matter For Case Outcomes, Ryan W. Copus, Ryan Hübert

Faculty Works

A large empirical literature examines how judges’ traits affect how cases get resolved. This literature has led many to conclude that judges matter for case outcomes. But how much do they matter? Existing empirical findings understate the true extent of judicial influence over case outcomes since standard estimation techniques hide some disagreement among judges. We devise a machine learning method to reveal additional sources of disagreement. Applying this method to the Ninth Circuit, we estimate that at least 38% of cases could be decided differently based solely on the panel they were assigned to.

Benjamin Ferencz In The Cold War, Noah Weisbord

Cardozo International & Comparative Law Review

The article explores Benjamin Ferencz's advocacy for international law and his role in shaping the legal frameworks of the post-World War II era, particularly his efforts to define aggression and establish the International Criminal Court. It contrasts Ferencz's idealism with the pragmatic approaches of Henry Kissinger and the diplomatic strategies of Dag Hammarskjold, highlighting the challenges of the Cold War international order and its failure to address individual threats, exemplified by A.Q. Khan's nuclear proliferation.

Furthering The Legacy Of Benjamin B. Ferencz: Amending The Rome Statute’S Jurisdiction Over The Crime Of Aggression, Jennifer Trahan

Cardozo International & Comparative Law Review

The article advocates for amending the Rome Statute to strengthen the International Criminal Court's (ICC) jurisdiction over the crime of aggression. It argues that the current jurisdictional regime, established by the 2010 Kampala amendments, is too limited, creating double standards and undermining the rule of law. The author calls for harmonizing the ICC's jurisdiction over the crime of aggression with its jurisdiction over other crimes, such as genocide and war crimes, to ensure consistent and universal accountability.

No More Mixed Message, Missing Money: Revisiting The Birth Of Icl’S Victim Restoration-Reparations Regime To Conceptualize Its Modern Reform, Gregory S. Gordon

Cardozo International & Comparative Law Review

The article argues that the International Criminal Court's (ICC) system for victim reparations is fundamentally flawed due to mission dissonance between its punitive and restorative goals, insufficient funding, and procedural limitations. It proposes the creation of an independent Atrocity Victim Reparations Tribunal (AVRT) under the UN to address these issues, ensuring more effective and victim-centered reparations.

Justice Citizenship, Lauren Sudeall

Vanderbilt Law School Faculty Publications

In recent years, the topic of democracy has seen a resurgence-perhaps due in part to a recognition of its heightened global instability. Yet, in these pervasive discussions regarding democracy and its role with respect to governance, relatively little attention has been paid to the courts, particularly at the state and local levels where most people are likely to interact with them. In a time when the courts' authority is being questioned, it may be helpful to emphasize that courts, like all democratic institutions, are "of the people, by the people, [and] for the people." In relation to the other branches …

Guardrails For Discretionary Powers: A Case Comment On The State Of Tamil Nadu V The Governor Of Tamil Nadu And Another, Pranav Verma

National Law School Journal

This Case Comment argues that by prescribing timelines for the president and the governors to grant or withhold assent to bills in The State of Tamil Nadu v the Governor of Tamil Nadu, decided in April 2025, the Supreme Court did not exceed its constitutional role, as argued by some critics. Instead, it applied established administrative law principles—relevant considerations, natural justice, and absence of mala fides—to the specific power of granting or withholding assent to bills. These principles have been long used to guide the other powers of the president, the governors, and the speaker/chairman. The court thereby reinforced …

A Conversation About Stare Decisis, Debra A. Livingston, John Q. Barrett

Faculty Scholarship

John Q. Barrett (“JQB”)

Chief Judge Debra Ann Livingston, welcome back to St. John’s.

The Chief Judge has been a friend to us for many years. It is an honor to host someone of her talent and someone in her position: the Chief Judge of the U.S. Court of Appeals for the Second Circuit.

We’re going to have a conversation for the first part of the program, about judging, her work, and stare decisis. But first, we need to meet you and hear a little bit about your background — where you are from — and the path that took …

Efektivitas Izin Pertambangan Emas Rakyat Di Wilayah Ratatotok Sulawesi Utara Terhadap Pertambangan Emas Ilegal, Brandon Reginaldy, Rayhan Yusuf, Nadhila Viryanda Rahmania, Shafina Nadifa, Faisal Purnama Husain

Jurnal Hukum & Pembangunan

Mining represents one of the government's initiatives aimed at fostering employment opportunities and, moreover, constitutes a crucial component of the broader strategy to foster community autonomy and resilience in meeting the basic necessities of life. The concept of community-based gold mining refers to a mining system that provides the management of mining sites to the local community for the purpose of gold extraction. Gold is a metal with a relatively high economic value, utilized in a multitude of ways, including as jewelry and as an investment. However, it is important to note that not all areas possess the requisite conditions …

Metode Harmonisasi Kewenangan Mengadili Sengketa Pertanahan Yang Terpencar Antara Publik Dan Privat, Umar Dani

Jurnal Hukum & Pembangunan

To obtain the land ownership rights divided into two legal sources, that is private law and public law. The ownership criterion should not be used as the only reference to measure which judicial authority would be competent whether Administrative Courts or Civil Courts. To discover the intersection of judicial authority, it must be based on the source, characteristic, type and touchstone of adjudication. It intends to revised the law and to avoid legal misperception. The aims of this research are, firstly, to understand the differences between land ownership rights dispute in the fields of private law and public law in …

Efektivitas Ancaman Pidana Denda Terhadap Pertambangan Tanpa Izin Dalam Amandemen Undang-Undang Minerba, Y. Sri Pudyatmoko

Jurnal Hukum & Pembangunan

The aim of this research is to analyze the effectiveness of the threat of criminal fines in amendments to the Law on Minerals and Coal. One of the things that stands out in the amendments to the Law on Mineral and Coal is the change in the threat of criminal sanctions against perpetrators of mining without a permit, from the original threat of a maximum prison sentence of 10 years to 5 years, and a maximum fine of 10 billion rupiah to 100 billion rupiah. This article examines these arrangements. In this paper, doctrinal research and comparison of a number …

Sosiologi Hukum Dan Perubahan Sosial: Studi Kasus Uu No. 35 Tahun 2014 Tentang Perlindungan Anak Sebagai Respon Terhadap Kesadaran Sosial Yang Meningkat Akan Hak Anak, Fahrul Rozi

Jurnal Hukum & Pembangunan

Dalam konteks sosial yang dinamis, kesadaran akan hak anak telah meningkat, terlihat dari perhatian masyarakat terhadap isu-isu seperti kekerasan, eksploitasi, dan diskriminasi. Meskipun UU No. 35 Tahun 2014 memberikan kerangka hukum yang kuat untuk melindungi hak-hak anak, tantangan dalam pelaksanaannya masih ada, termasuk kurangnya sumber daya dan koordinasi antar lembaga. Anak jalanan, sebagai kelompok yang paling rentan, sering kali terjebak dalam siklus kemiskinan dan stigma sosial, yang menghambat upaya perlindungan. Menekankan pentingnya edukasi dan sosialisasi mengenai hak anak, serta peran aktif masyarakat dan media dalam mendukung perlindungan anak. Dengan kolaborasi antara pemerintah, masyarakat, dan lembaga swadaya masyarakat, diharapkan hak-hak anak …

The Sealed Palace: How Direct Access To The Supreme Constitutional Court Can Bridge The Gaps In Constitutional Review In Egypt, Ahmed Sameh Fahmi

Theses and Dissertations

This thesis examines the limitations of Egypt’s current constitutional review system and argues for the introduction of a direct access mechanism to the Supreme Constitutional Court (SCC). Under Egypt’s centralized model of judicial review, individuals are restricted to indirect access through ordinary courts, which has resulted in significant procedural and substantive inefficiencies. The referral-based mechanism of judicial review of legislation has caused delays in adjudicating constitutional claims, the insulation of certain laws from review, legislative omissions, and excessive gatekeeping by lower courts. Through a comparative analysis of direct access models in Colombia, Germany, Turkey, and South Africa, the thesis identifies …

Keynote Address: The Future Of Environmental Enforcement, David M. Uhlmann

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Panel 1: Environmental Enforcement Under New Administrative Law Principles, Sommer H. Engels, Jeffrey W. Mccoy, Melissa A. Scacchitti, David M. Uhlmann

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Presentations: Pennsylvania's Environmental Rights Amendment And Environmental Justice, Samantha Phillps Beers, John C. Dernbach, Emma H. Bast, Margaret O. Murphy

Villanova Environmental Law Journal (1991 - )

No abstract provided.

A Beacon Trying To Signal Heading: The Ninth Circuit Interprets The California Whistleblower Protection Act In Killgore V. Specpro Professional Services, Llc, Naseem Memari

Villanova Environmental Law Journal (1991 - )

No abstract provided.

A Modern Moby-Dick: The First Circuit Reveals How Man's Unchecked Fixations Still Impact Nantucket's North Atlantic Right Whale In Nantucket Residents Against Turbines V. U.S. Bureau Of Ocean Energy Management, Julia A. Snyder

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Panel 2: Environmental Rights Amendment And Environmental Justice, Samantha Phillips Beers, John C, Dernbach, Emma H. Bast, Margaret O. Murphy

Villanova Environmental Law Journal (1991 - )

No abstract provided.

A Monumental Tug Of War: The Clash Over Presidential Authority And National Monuments In Murphy Co. V. Biden, Benjamin S. Levy

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Pressure In The Pipeline? Hidden Tensions Beneath The Surface In The D.C. Circuit's Analysis Of Alabama Municipal Distributors Group V. Federal Energy Regulatory Commission, Marina Campo

Villanova Environmental Law Journal (1991 - )

No abstract provided.