Courts Commons^™

The Three-Judge District Court In Voting Rights Litigation, Michael E. Solimine

University of Michigan Journal of Law Reform

In recent Terms the Supreme Court has heard numerous appeals from the decisions of three-judge district courts in controversial Voting Rights Act cases as well as in challenges to congressional districts designed allegedly to facilitate the election of members of minority groups. Although the cases themselves have been followed closely, the institution of the three-judge district court itself has received relatively little attention, even though Congress passed legislation in 1976 that restricted the three-judge court's jurisdiction to reapportionment and certain Voting Rights Act cases. In this Article, Professor Solimine argues that numerous problems attend the formation and operation of such …

Lawyering In A Hybrid Adversary System, John S. Dzienkowski

William & Mary Law Review

No abstract provided.

The Trouble With Postmodern Zeal, Monroe H. Freedman

William & Mary Law Review

No abstract provided.

What Can We Learn From Past Reform Efforts, R. Max Peterson

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

7 pages.

Contains footnotes and references.

The National Forest Management Act: Managing The Use Out Of Multiple Use Lands, Dan S. Budd

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

12 pages.

Can Managers Adapt To New Relationships And Roles Under Nfma?, Elizabeth Estill

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

5 pages.

Agenda: The National Forest Management Act In A Changing Society, 1976-1996: How Well Has It Worked In The Past 20 Years?: Will It Work In The 21st Century?, University Of Colorado Boulder. Natural Resources Law Center, Colorado State University, Oregon State University, Pinchot Institute For Conservation, Syracuse University. Maxwell School Of Citizenship And Public Affairs

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

Conference speakers include University of Colorado School of Law professors David H. Getches and Charles F. Wilkinson.

Jack Ward Thomas, Chief of the USDA Forest Service, will be a featured speaker at the Center's annual public lands conference, commemorating the 20th anniversary of the National Forest Management Act. This year's conference is sponsored by Colorado State University, Oregon State University, Pinchot Institute for Conservation, and the Maxwell School of Citizenship and Public Affairs at Syracuse University.

When Congress passed NFMA in 1976, few would have imagined the enormity of the changes in the world in technology, science and population we …

“Can You Live With That, Chief?”—Forging Nfma Through Congressional And Agency Give And Take, John R. Mcguire

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

10 pages.

The National Forest Management Act In A Changing Society, 1976-1996: How Well Has It Worked In The Past 20 Years? Will It Work In The 21st Century?, Margaret A. Shannon, K. Norman Johnson

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

12 pages.

Stories From The Frontlines: How Nfma Developed And Key Players, Robert E. Wolf

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

15 pages.

Framework For Understanding Nfma In A Legal Context, David H. Getches

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

8 pages.

Contains references.

Whigs And Hunters: Indian Tribal Rights In The National Forests, Robert A. Williams, Jr.

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

7 pages.

Contains 1 page of references.

Making Forest Policy In An Imperfect World, James W. Giltmier

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

10 pages.

Pragmatism And Law: A Response To David Luban, Richard Rorty

Cardozo Law Review

Judge Posner's "Pragmatic Adjudication" is enormously refreshing. It cuts through an immense amount of tiresome and pointless talk about "the nature of law" and "the relation of law to politics" and gets down to the question: how should appellate court judges in a particular country at a particular time do their work? It not only argues lucidly for a particular answer to that question, but it also gives a good sense of what it must be like to be in Judge Posner's shoes. Posner helps you understand what sorts of things judges have to worry about, and what sorts of …

Juror Delinquency In Criminal Trials In America, 1796-1996, Nancy J. King

Michigan Law Review

This article examines two aspects of the jury system that have attracted far less attention from scholars than from the popular press: avoidance of jury duty by some citizens, and misconduct while serving by others. Contemporary reports of juror shortages and jury dodging portray a system in crisis. Coverage of recent high-profile cases suggests that misconduct by jurors who do serve is common. In the trial of Damian Williams and Henry Watson for the beating of Reginald Denny, a juror was kicked off for failing to deliberate; Exxon, Charles Keating, and the man accused of murdering Michael Jordan's father all …

Observing And Enforcing Human Rights Under The Council Of Europe: The Creation Of A Permanent European Court Of Human Rights, Jonathan L. Black-Branch

Buffalo Journal of International Law

No abstract provided.

"Lies, Damned Lies, And Statistics"? Psychological Syndrome Evidence In The Courtroom After Daubert, Krista L. Duncan

Indiana Law Journal

No abstract provided.

The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

Small Claims Court Cant, Seana C. Mcguire, Roderick A. Macdonald

Osgoode Hall Law Journal

Small claims courts have traditionally been seen as a valuable institutional innovation for facilitating access to justice. In Quebec, the small claims court is particularly prized because most corporate plaintiffs may not be plaintiffs, because parties may not be represented by lawyers and because judges are to play an activist role in managing the litigation process. This article reports the findings of an empirical study of the plaintiff population of the Small Claims Court of downtown Montreal during 1992. It presents information on the socio-demographic characteristics of plaintiffs, the nature of claims brought, the dispute process followed, and the outcome …

Escaping The World Of I Know It When I See It: A New Test For Software Patent Ability, Brooke Schumm Iii

Michigan Telecommunications & Technology Law Review

The major thesis presented in this article is a focused standard of software patentability, in particular for pure computational methods or algorithms directed to the manipulation of numbers operating on a computer. The general philosophy is to compel inventors to narrow their claims to an algorithm expressed in terms of its utility and then to require that the particular utility or functionality be expressed in the claim as a limit on the claim, thus precluding the patent monopoly from being overbroad. As a corollary, any person is free to use or perhaps to patent the algorithm for a different utility …

The Future Of The Post-Batson Peremptory Challenge: Voir Dire By Questionnaire And The "Blind" Peremptory, Jean Montoya

University of Michigan Journal of Law Reform

This Article examines the peremptory challenge as modified by Batson and its progeny. The discussion is based in part on a survey of trial lawyers, asking them about their impressions of the peremptory challenge, Batson, and jury selection generally. The Article concludes that neither the peremptory challenge nor Batson achieve their full potential. Primarily because of time and other constraints on voir dire, the peremptory challenge falls short as a tool in shaping fair and impartial juries. While Batson may prevent some unlawful discrimination in jury selection, Batson falls short as a tool in identifying unlawful discrimination once it …

Stratified Juror Selection: Cross-Section By Design, Nancy J. King, G. Thomas Munsterman

Vanderbilt Law School Faculty Publications

Of the various selection methods that contribute to the underrepresentation of members of racial and ethnic minority groups on juries, peremptory challenges have attracted the most attention in recent years. Yet gains in diversity from regulating, or even eliminating, peremptory challenges are necessarily limited by the composition of the venire from which jurors are chosen. This article describes methods of constructing lists of veniremembers and qualified jurors used by some courts to restore the racial and ethnic diversity that is missing from the primary source lists or is eroded in the process of summoning and qualification. It also evaluates potential …

The New Activist Court , Donald H. Zeigler

American University Law Review

No abstract provided.

Statutory Interpretation And The Idea Of Progress, Daniel A. Farber

Michigan Law Review

A Review of William N. Eskridge, Dynamic Statutory Interpretation

Appellate Court Voting Rules, Scott B. Smith

Vanderbilt Law Review

During the 1996 term, the United States Supreme Court made a candid confession about its voting practices. In Seminole Tribe of Florida v. Florida, the Court overruled Pennsylvania v. Union Gas Co. and recognized that when a justice defers to the majority against his or her own reasoning inconclusive precedent results. Union Gas was particularly unusual because Justice White switched his vote to assure a result in a three-remedy case where none of the three remedies had the support of a majority. In Seminole Tribe, the Court admitted Union Gas "has, since its issuance, been of questionable precedential value, largely …

How Outcome Voting Promotes Principled Issue Identification: A Reply To Professor John Rogers And Others, Maxwell L. Stearns

Vanderbilt Law Review

In his provocative article, "Issue Voting" by Multimember Appellate Courts: A Response to Some Radical Proposals,' Professor John M. Rogers has provided a valuable opportunity for those of us interested in the structural aspects of appellate court decisionmaking--especially Supreme Court decisionmaking--to step back, to compare notes, and to evaluate an increasingly prominent proposal for institutional reform. More importantly, this Colloquium provides an opportunity to explore more deeply several anomalies associated with appellate court decisionmaking. At the outset, I should emphasize that while he devotes a considerable portion of his article to evaluating my scholarship on appellate court decisionmaking, as Professor …

Studying The Federal Appellate System, Carl W. Tobias

Law Faculty Publications

No abstract provided.

Issues And Outcomes, Guidance, And Indeterminacy: A Reply To Professor John Rogers And Others, David G. Post, Steven C. Salop

Vanderbilt Law Review

There is now a small but growing literature on the proper voting procedure for multijudge panels. Professor John Rogers began the most recent round of thinking about these vexing issues, arguing that a judge on a multimember panel should never "vote against the result of his or her own reasoning by deferring to a majority on a sub-issue on which the judge differs." We responded, arguing in favor of just such action, which we labeled "issue voting." We criticized Professor Rogers's preferred mode of multimember court adjudication, which we labeled "outcome voting," on the grounds that it provided limited guidance …

"Issue Voting" By Multimember Appellate Courts: A Response To Some Radical Proposals, John M. Rogers

Vanderbilt Law Review

A judge on a multimember appellate court can vote against the result of his or her own reasoning by deferring to a majority on a subissue on which the judge differs. When Justice White did just this in Pennsylvania v. Union Gas,' soon followed by a similarly anomalous vote by Justice Kennedy in Arizona v. Fulminante, I examined the pool of United States Supreme Court cases in which this kind of voting was possible. Out of more than one hundred fifty earlier cases where one or more of the justices might have voted in such a way, only two justices …

The Influence Of The Arkansas Supreme Court's Opinions On Policy Made By The General Assembly: A Case Study, Chuck Smith

University of Arkansas at Little Rock Law Review

No abstract provided.