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Articles 10891 - 10920 of 16640
Full-Text Articles in Courts
The Capital Jury Project: Rationale, Design, And Preview Of Early Findings, William J. Bowers
The Capital Jury Project: Rationale, Design, And Preview Of Early Findings, William J. Bowers
Indiana Law Journal
Symposium: The Capital Jury Project
Violence, Representation, And Responsibility In Capital Trials: The View From The Jury, Austin Sarat
Violence, Representation, And Responsibility In Capital Trials: The View From The Jury, Austin Sarat
Indiana Law Journal
Symposium: The Capital Jury Project
Taking Capital Jurors Seriously, Craig Haney
Taking Capital Jurors Seriously, Craig Haney
Indiana Law Journal
Symposium: The Capital Jury Project
Cross-Overs-Capital Jurors Who Change Their Minds About The Punishment: A Litmus Test For Sentencing Guidelines, Marla Sandys
Cross-Overs-Capital Jurors Who Change Their Minds About The Punishment: A Litmus Test For Sentencing Guidelines, Marla Sandys
Indiana Law Journal
Symposium: The Capital Jury Project
The Capital Jury Project: The Role Of Responsibility And How Psychology Can Inform The Law, Steven J. Sherman
The Capital Jury Project: The Role Of Responsibility And How Psychology Can Inform The Law, Steven J. Sherman
Indiana Law Journal
Symposium: The Capital Jury Project
Should Juries And The Death Penalty Mix?: A Prediction About The Supreme Court's Answer, Christopher Slobogin
Should Juries And The Death Penalty Mix?: A Prediction About The Supreme Court's Answer, Christopher Slobogin
Indiana Law Journal
Symposium: The Capital Jury Project
How Juries Decide Death: The Contributions Of The Capital Jury Project, Valerie P. Hans
How Juries Decide Death: The Contributions Of The Capital Jury Project, Valerie P. Hans
Indiana Law Journal
Symposium: The Capital Jury Project
Where's The Buck?: Juror Misperception Of Sentencing Responsibility In Death Penalty Cases, Joseph L. Hoffmann
Where's The Buck?: Juror Misperception Of Sentencing Responsibility In Death Penalty Cases, Joseph L. Hoffmann
Indiana Law Journal
Symposium: The Capital Jury Project
Discretion In Capital Sentencing Instructions: Guided Or Misguided?, James Luginbuhl, Julie Howe
Discretion In Capital Sentencing Instructions: Guided Or Misguided?, James Luginbuhl, Julie Howe
Indiana Law Journal
Symposium: The Capital Jury Project
The Fdic's Fraudulent Conveyance Power Under The Crime Control Act Of 1990: Bank Insolvency Law And The Politics Of The Iron Triangle, Edward J. Janger
The Fdic's Fraudulent Conveyance Power Under The Crime Control Act Of 1990: Bank Insolvency Law And The Politics Of The Iron Triangle, Edward J. Janger
Faculty Scholarship
No abstract provided.
Substituting Secure Detention For Shelter Care: An Illegal Deprivation Of Liberty, Susan M. Johlie
Substituting Secure Detention For Shelter Care: An Illegal Deprivation Of Liberty, Susan M. Johlie
University of the District of Columbia Law Review
Judges sitting on the Superior Court of the District of Columbia routinely order children into secure detention who require no more restrictive confinement than that provided by shelter care. Despite a statutory presumption against detention, and a superior court rule that prohibits substituting secure detention for shelter care,' the District inappropriately places children into secure detention simply because there is a lack of bed space in youth shelter houses. The deprivation of liberty that occurs when a juvenile is placed in secure detention rather than shelter care is required neither for the protection of the community nor for the welfare …
Appendix B: February-March, 1995 Court Monitoring Report, University Of The District Of Columbia Law Review
Appendix B: February-March, 1995 Court Monitoring Report, University Of The District Of Columbia Law Review
University of the District of Columbia Law Review
No abstract provided.
Pre-Initial Hearing Detention: Are The Police Department And Social Services Intake Following The Law?, Henry A. Escoto
Pre-Initial Hearing Detention: Are The Police Department And Social Services Intake Following The Law?, Henry A. Escoto
University of the District of Columbia Law Review
No abstract provided.
Clear And Convincing Evidence: The Standard Required To Support Pretrial Detention Of Juveniles Pursuant To D.C. Code Section 16-2310, Julia Colton-Bell, Robert J. Levant
Clear And Convincing Evidence: The Standard Required To Support Pretrial Detention Of Juveniles Pursuant To D.C. Code Section 16-2310, Julia Colton-Bell, Robert J. Levant
University of the District of Columbia Law Review
This Note examines the appropriate evidentiary standard for pretrial detention decisions in Juvenile Court in the District of Columbia. Currently, there is no authority mandating the standard of proof that is to be applied to the pretrial detention of juveniles. To ensure that all juveniles receive the same protections, one evidentiary standard must be applied at all pretrial detention hearings. Based upon adult and juvenile pretrial detention statutes, the case law construing those statutes, and the standard courts employ in adult civil commitment procedures, the appropriate standard is the "clear and convincing evidence" standard of proof. In order to afford …
History, Jurisdiction, And The Federal Courts: Changing Contexts, Selective Memories, And Limited Imagination, Judith Resnik
History, Jurisdiction, And The Federal Courts: Changing Contexts, Selective Memories, And Limited Imagination, Judith Resnik
West Virginia Law Review
No abstract provided.
The Ali's Complex Litigation Project And Federal-To-State Consolidation: A Due Process Analysis Of Granting To State Courts Nationwide Personal Jurisdiction, Deborah Dunn
BYU Law Review
No abstract provided.
Arthur Miller's Death Of A Doctrine Or Will The Federal Courts Abstain From Abstaining? The Complex Litigation Recommendations' Impact On The Abstention Doctrine, William A. Calhoun Ii
Arthur Miller's Death Of A Doctrine Or Will The Federal Courts Abstain From Abstaining? The Complex Litigation Recommendations' Impact On The Abstention Doctrine, William A. Calhoun Ii
BYU Law Review
No abstract provided.
The Sky Is Falling-The Ali's Efficient Response To Courts In Crisis?, Christine Gail Clark
The Sky Is Falling-The Ali's Efficient Response To Courts In Crisis?, Christine Gail Clark
BYU Law Review
No abstract provided.
The Power Of Congress Over Courts In N Onfederal Cases, Louise Weinberg
The Power Of Congress Over Courts In N Onfederal Cases, Louise Weinberg
BYU Law Review
No abstract provided.
Rethinking Feminist Judging, Michael E. Solimine, Susan E. Wheatley
Rethinking Feminist Judging, Michael E. Solimine, Susan E. Wheatley
Indiana Law Journal
No abstract provided.
A Theory Of Compulsory Process Clause Discovery Rights, Jean Montoya
A Theory Of Compulsory Process Clause Discovery Rights, Jean Montoya
Indiana Law Journal
No abstract provided.
Thinking Clearly About Guilt, Juries, And Jeopardy, Stanton D. Krauss
Thinking Clearly About Guilt, Juries, And Jeopardy, Stanton D. Krauss
Indiana Law Journal
No abstract provided.
The Supreme Court Cites The Supreme Court: Follow-Up Citation On The Supreme Court Of Canada, 1989-1993, Peter Mccormick
The Supreme Court Cites The Supreme Court: Follow-Up Citation On The Supreme Court Of Canada, 1989-1993, Peter Mccormick
Osgoode Hall Law Journal
Judges do not simply declare outcomes but also give reasons; in Canada, these reasons are typically organized around citations of judicial authority. Each citation acknowledges a contribution to the immediate decision; therefore, a statistical analysis of citation patterns is also a measure of judicial influence. This study considers follow-up citations of the Supreme Court of Canada over a five-year period to assess the influence of past and current members of the Court, developing appropriate discounts for the recency of the citation and for its nature and extent. The sui generis impact of the Charter suggests that these inferences cannot be …
Fictions, Fault, And Forgiveness: Jury Nullification In A New Context, David N. Dorfman, Chris K. Iijima
Fictions, Fault, And Forgiveness: Jury Nullification In A New Context, David N. Dorfman, Chris K. Iijima
University of Michigan Journal of Law Reform
Recently, critics of the Anglo-American jury system have complained that juries in criminal trials have been ignoring the law, in favor of defendants who claim that they lack criminal responsibility because they are afflicted by the various victimization syndromes now popularized in the mass media. In this Article, Professors Dorfman and Iijima counter this characterization of the "runaway" jury and argue that juries are not ignoring the law, but rather, are exercising a primary power of the jury, to nullify the application of the law when such application to a particular defendant is unjust. The Authors trace the development of …
The Jury: Trial And Error In The American Courtroom, John C. Blattner
The Jury: Trial And Error In The American Courtroom, John C. Blattner
Michigan Law Review
A Review of The Jury: Trial and Error in the American Courtroom by Stephen J. Adler
The Case For Appellate Court Revision, Joseph F. Weis Jr.
The Case For Appellate Court Revision, Joseph F. Weis Jr.
Michigan Law Review
A Review of Rationing Justice on Appeal: The Problems of the U.S. Courts of Appeals by Thomas E. Baker
Intramural Reforms: How The U.S. Courts Of Appeals Have Helped Themselves, Thomas E. Baker
Intramural Reforms: How The U.S. Courts Of Appeals Have Helped Themselves, Thomas E. Baker
Florida State University Law Review
No abstract provided.
Applying The Break: Religion And The Peremptory Challenge, J. Suzanne Bell Chambers
Applying The Break: Religion And The Peremptory Challenge, J. Suzanne Bell Chambers
Indiana Law Journal
No abstract provided.
Legal And Political Hermeneutics, Or Principles Of Interpretation And Construction In Law And Politics, With Remarks On Precedents And Authorities, Francis Lieber
Cardozo Law Review
The second edition of the Hermeneutics was published in 1839, and has now been out of print for almost forty years. In 1860 Dr. Lieber carefully revised it, and made additions to both text and notes, expecting to publish a third edition, with a second part, of "Special Hermeneutics, or Legal Rules of Interpretation and Construction," by an eminent member of the New York Bar, Mr. William Curtis Noyes. This plan, however, was not carried out, and Mr. Noyes died December 25, 1863, without having written his proposed part. The text of the present edition, and Dr. Lieber's own notes, …
Positivism And Antipositivism In Federal Courts Law, Michael Wells
Positivism And Antipositivism In Federal Courts Law, Michael Wells
Scholarly Works
What is the proper role of rules in federal courts law? Some scholars associated with the Legal Process assert that rules are unimportant here. They believe that the values of principled adjudication and reasoned elaboration should take precedence over the making and application of rules. The area is, in the jargon of jurisprudence, "antipositivist." Others maintain that rules do, or at any rate should, count heavily in federal courts' decisionmaking. In this Article, I argue that Legal Process scholars are right to spurn formalism in most parts of federal courts law. But the Legal Process model of federal courts law …