Courts Commons^™

Public Interest Litigation In A Comparative Context, Jayanth K. Krishnan

Articles by Maurer Faculty

No abstract provided.

Patent Law In The Age Of The Invisible Supreme Court, Mark D. Janis

Articles by Maurer Faculty

This article examines the permanence of the U.S. Supreme Court's retreat to the peripheries of patent law after the creation of the Federal Circuit, and explores the roles that the Supreme Court might imagine for itself in contemporary patent law. For discussion purposes, the article describes two hypothetical models for Supreme Court decisionmaking in patent cases: an aggressive interventionist model and an extreme non-interventionist model. After considering the shortcomings of both models, the article proposes an intermediate, managerial model. The managerial model rejects the proposition that the Court should intervene in patent cases to correct perceived substantive errors in Federal …

The Jurisdiction Of The Community Courts Reconsidered, Paul Craig

Articles by Maurer Faculty

No abstract provided.

"Garbage In, Garbage Out": The Litigation Implosion Over The Unconstitutional Organization And Jurisdiction Of The City Court Of Atlanta, Edward C. Brewer Iii

Mercer Law Review

The City Court of Atlanta, the primary traffic court for Atlanta, Georgia, has exercised jurisdiction since 1996 over more than one million traffic violations and, since 1988 and under two statutes, some fifty thousand nontraffic misdemeanors. The City Court's first predecessor, the Traffic Court of Atlanta, adjudicated traffic law violations from 1955 to 1967 and was replaced in 1967 by a second court, also known as the City Court, which existed until 1996. That City Court's jurisdiction was expanded in 1988 to include nontraffic misdemeanors arising from the same occurrence as the traffic violation. In 1996 the City Court was …

One Country, Three Systems? Judicial Review In Macau After Ng Ka Lling, Judith R. Krebs

Washington International Law Journal

The Ng Ka Ling decision by the Hong Kong Court of Final Appeals and its reversal by the Standing Committee of China's National People's Congress, raise serious concerns regarding the adequacy of judicial review and the protection of the rule of law in the new special administrative regions under China's "One Country, Two Systems" approach. Judicial review lies at the forefront of this controversy because it largely delineates the contours of local autonomy and the extent to which those who experience legal violations will have remedies. This Comment explores the roots of the conflict in Hong Kong and examines whether …

The Peculiarity Of Per Curiam: In The Georgia Supreme Court, R. Perry Sentell Jr.

Mercer Law Review

On notable occasions, the format of a message acquires a heritage equal in significance to the message itself. Because of its history, familiarity, intrigue, or sheer repetition, an account's style of presentation may serve not only to characterize the account, but also to condition its recipient to a pre-ordained demeanor of expectation. Style and substance are thus comingled, and the medium subsumes the message.

It should come as no surprise that the described phenomenon claims a special affinity to the law and to legal "messages." Much of the information transmitted in law and in legal circles projects history, familiarity, intrigue, …

Supplemental Brief Of Respondents Al Gore Jr. And Florida Democratic Party, Bush V. Palm Beach County Canvassing Bd., No. 00-836 (U.S. Nov. 30, 2000), Neal K. Katyal, Peter J. Rubin

U.S. Supreme Court Briefs

No abstract provided.

Reply Brief Of Respondents Al Gore, Jr., And Florida Democratic Party, George W. Bush V. Palm Beach County Canvassing Board, No. 00-836 (U.S. Nov. 30, 2000), Neal K. Katyal, Peter J. Rubin

U.S. Supreme Court Briefs

No abstract provided.

Brief Amici Curiae Of Christian Legal Society And Union Of Orthodox Jewish Congregations Of America In Support Of Petitioners, Richard W. Garnett, Nathan J. Diament, Carl H. Esbeck

Court Briefs

No. 99-2036
The Good News Club v. Milford Central School

On Writ Of Certiorari To The United States Court Of Appeals For The Second Circuit

From the Summary of the Argument

The parties agree that Milford's Community Use Policy creates a limited public forum. See, e.g., Pet. A13 ("We think it clear that the Community Use Policy has created a limited public forum in the Milford school facilities."). And the parties agree that any content restrictions in such fora must be "viewpoint neutral" and constitutionally "reasonable." Pet. A14 & n.8 ("If the Club's use is not a 'religious use' but …

Book Review: We The People: The Fourteenth Amendment And The Supreme Court, S. I. Strong

Faculty Publications

Never one to shirk a challenge, Michael Perry has taken on the difficult task of investigating whether, as charged by a number of prominent social and legal commentators, "the modern Supreme Court, in the name of the Fourteenth Amendment [to the US Constitution], [has] usurped prerogatives and made choices that properly belong to the electorally accountable representatives of the American people," and if so, to what extent (p. 8). Perry makes no attempt to address every facet of Fourteenth Amendment doctrine, but instead focuses his discussion on some of the most controversial topics: racial segregation, affirmative action, discrimination on the …

Why The Courts, Anthony Lewis

Cardozo Law Review

No abstract provided.

Health Care Law: Breaking Down The Boundaries Of Malpractice Law, Philip G. Peters Jr.

Faculty Publications

Historically, courts have treated professional malpractice cases as unique. When disputes that would otherwise have been governed by tort rules of general application have arisen in the context of medical treatment, courts have routinely constructed special rules for the resolution of those disputes. Recent evidence suggests that this penchant for special rules may be weakening and that malpractice law may be slowly melting back into the sea of tort doctrine.The three Missouri health care law cases noted in this issue are the latest evidence that courts today are more willing to resolve medical negligence actions using tort rules of general …

Bidangkuasa Mahkamah Syariah Dalam Pentadbiran Pusaka Di Malaysia, Jasni Sulong

Student Works (2000-2009)

This dissertation is generally an attempt to analyze the historical development of the jurisdiction in the administration of Islamic inheritance in Malaysia. The study will explain how the intervention of the British colonial had introduced the Common Law system and promulgated several statute to limit the function and jurisdiction of kathi's court in the matter of inheritance. It will also disclose the provision of Federal Constitution and the recent case about the administration of inheritance to Muslims nowadays. The research is focused on the procedure and the process to make a claim to distribute the estates in Malaysia nowadays at …

Bringing Structure To The Law Of Injunctions Against Expression, Christina E. Wells

Faculty Publications

Part I of this Article reviews the Court's cases regarding injunctions against speech, focusing first on the increasing elevation of rhetoric (as opposed to analysis) in the Court's prior restraint decisions. Part I also reviews the Court's other decisions involving injunctions and demonstrates that they too contain little, if any, analysis concerning the appropriateness of injunctive relief against expression. Part II examines Madsen's interaction with the Court's previous decisions and discusses how Madsen furthers the incoherence of the Court's previous cases. Part III explains that content discrimination principles, although superficially attractive, are inappropriate with injunctive relief because the content-based/content-neutral distinction's …

First Amendment—Campaign Finance Reform—The Supreme Court Halts The Eighth Circuit's Invalidation Of State Campaign Contribution Limits. Nixon V. Shrink Missouri Government Political Action Committee, 120 S. Ct. 897 (2000)., Erin Buford Vinett

University of Arkansas at Little Rock Law Review

No abstract provided.

Court Decisions As Information Sources For Journalists: How Journalists Can Better Cover Appellate Decisions, F. Dennis Hale

University of Arkansas at Little Rock Law Review

No abstract provided.

Is Payne Defensible?: The Constitutionality Of Admitting Victim-Impact Evidence At Capital Sentencing Hearings, Joshua D. Greenberg

Indiana Law Journal

No abstract provided.

Victims Confront Offenders: An Exploratory Study Of Victim Satisfaction During Mediation, Krystal C. Walton

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study was to determine if age, race, and gender were related to victim satisfaction during mediation while controlling for the type of offense. Satisfaction with the mediator's attitude, the session itself, the mediator, and the outcome were assessed to measure the victim's level of satisfaction with the various components of the mediation process. Data was collected from questionnaires mailed to crime victims' who had completed the mediation process through the Juvenile and Domestic Relations Court in Norfolk, Virginia. This thesis looks at the relationship of age, race, and gender to victim satisfaction with mediation. Cross-tabulations were …

Small Claims Reform: A Means Of Expanding Access To The American Civil Justice System, James C. Turner, Joyce A. Mcgee

University of the District of Columbia Law Review

Every American should enjoy full access to the protections offered by the U.S. civil justice system. Unfortunately, this basic right is often denied to millions by civil court procedures and practices that are costly, Byzantine and hostile to ordinary citizens who need legal help. In fact, according to the American Bar Association, tens of millions of American households that need legal help are denied access to the civil justice system every year.' One key method of improving citizen access to the civil justice system is through small claims courts. These courts - which use simplified procedures, require plain English, provide …

Toward More Effective Judicial Education In Issues Of Family Violence, Katie J. Land

Buffalo Women's Law Journal

No abstract provided.

A Different Voice: The Feminine Jurisprudence Of The Minnesota State Supreme Court, Linda S. Maule

Buffalo Women's Law Journal

No abstract provided.

Better Bitch Than Mouse: Ruth Bader Ginsburg, Feminism, And Vmi, Carey Olney

Buffalo Women's Law Journal

No abstract provided.

Primus Inter Pares: Is The Singapore Judiciary First Among Equals?, Karen Blőchlinger

Washington International Law Journal

Chief Justice Yong Pung How has implemented many changes in the Singapore judicial system since his appointment to the post in 1990. The reforms have concentrated on active case management, providing mediation as an alternative mechanism to resolve disputes, and implementing information technology in the courtroom. One of the results of these reforms is that the backlog of cases has been eliminated and the judicial system has become dramatically more efficient. However, an increased efficiency in judicial administration cannot be justified if it is attained at the expense of restricting access to justice. This Comment reviews the judicial reforms in …

Rules And Judicial Review, Emily Sherwin

Cornell Law Faculty Publications

Judicial review of statutes on constitutional grounds is affected by a cluster of doctrinal practices that are generally accepted, but not very well explained, by the courts and not entirely consistent with each other. Courts usually judge statutes “as applied” rather than as written; they favor “severance” of valid applications of statutes from invalid or possibly invalid applications when possible; and they interpret statutes in ways that avoid constitutional difficulty. These overlapping practices presumably are intended to preserve legislation, and hence are associated with a modest conception of the role of courts in government. Yet they are not always modest …

Perspectives On Religious Freedom Fiom The Vantage Point Of The European Court Of Human Rights, Willi Fuhrmann

BYU Law Review

No abstract provided.

Focus On Business And Complex Litigation Courts, Paula Hannaford-Agor, David Rottman, Roxana Gonzalez

Popular Media

On November 16, 1999, the National Center for State Courts convened a Justice Roundtable at which representatives from the Delaware, New York, and California business and complex litigation courts described their respective procedures to an audience of judicial, corporate and bar leaders. The Justice Roundtable is an annual joint meeting of the National Center's Board of Directors and Lawyers and Corporate Counsel Committees dedicated to a current issue in the administration of justice. The purpose of this Roundtable was to discuss innovative methods and successful approaches for managing business and complex litigation, and to identify the principle issues and problems. …

What's Half A Lung Worth? Civil Jurors' Accounts Of Their Award Decision Making, Nicole L. Mott, Valerie P. Hans, Lindsay Simpson

Cornell Law Faculty Publications

Jury awards are often criticized as being arbitrary and excessive. This paper speaks to that controversy, reporting data from interviews with civil jurors' accounts of the strategies that juries use and the factors that they consider in arriving at a collective award. Jurors reported difficulty in deciding on awards, describing it as "the hardest part" of jury service and were surprised the court did not provide more guidance to them. Relatively few jurors entered the jury deliberation room with a specified award figure in mind. Once in the deliberation room, however, they reported discussing a variety of relevant factors such …

Petition For Writ Of Certiorari, Richard W. Garnett, Michael Stokes Paulsen, David C. Gibbs Jr., David C. Gibbs Iii, Charlotte A. Cover, Barbara J. Weller

Court Briefs

No. 00-131
K.D.M. v. Reedsport School District

On Petition for Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit

From the Reasons for Granting the Writ

The Ninth Circuit conceded that the regulation at issue below " 'discriminates' against students in religious schools, i.e., treats them differently by denying them state services on the school grounds." KDM, 196 F.2d 1046, 1051 (9th Cir. 1999) (App. B at 11 a). This, then, is a case about admitted discrimination - discrimination against "religious ideas, religious people, [and] religious schools." Board of Educ. of Kiryas Joel v. …

Tv Or Not Tv: The Telecast Of Appellate Arguments In Pennsylvania, Stephen J. Mcewen

The Journal of Appellate Practice and Process

The Pennsylvania Superior Court began televising en banc oral arguments. The reception of this practice has been extremely positive. The essay discusses the development of televising oral arguments in Pennsylvania’s Superior Court.

Use Of Electronic Appeal Transcripts In The Alberta Court Of Appeal, Roger Philip Kerans, Patrick Keys

The Journal of Appellate Practice and Process

Printed trial transcripts can cost thousands of dollars to produce, use up space, and are only used for short time periods. The Alberta Court of Appeal remedied these issues by launching an electronic appeal book program.