Courts Commons^™

The Hollow Hope: Can Courts Bring About Social Change?, Ian Holloway

Dalhousie Law Journal

Coming as it does in the midst of all the palaver over political correctness within the American academic community, The Hollow Hope is, if nothing else, an opportune articulation of iconoclasm in the debate over civil rights and constitutional law in the United States.' Professor Rosenberg's questioning of the "cult of the court" provides a welcome expression of healthy skepticism towards an institution which conventional myth reveres beyond its due.

Hypnotic Memories And Civil Sexual Abuse Trials, Jacqueline Kanovitz

Vanderbilt Law Review

In the next few paragraphs, the reader will eavesdrop on a psycho- therapy session. During this session, the therapist uses hypnosis, a common technique in clinical practice today. In the past, the legal system has paid little attention to the memory retrieval techniques used in psychotherapy because statutes of limitations have prevented patients from using memories of childhood wrongs uncovered in adult psycho-therapies to bring suit. However, recent changes will force the legal system to examine whether the memory restoring techniques used in psychotherapy can produce memory that is trustworthy enough for the legal system to accept. What follows is …

Original Intent: The Judicial Uses Of History And Constitutional Interpretation In Australia And The United States, Stephen A. James

In the Public Interest

No abstract provided.

The Georgia Jury And Negligence: The View From The (Federal) Bench, R. Perry Sentell Jr.

Scholarly Works

This is the second part of a two-part inquiry into the quality of jury performance in Georgia negligence cases. Evaluation begins from within. That is an especially prominent truth in respect to the trial of negligence cases. The lay-professional partnership composing the civil trial system is unique. the professional's continuity provides a point of perfect perspective on the transient lay component--both its capacity and its performance. If the professional will share that perspective, it can structure a benchmark for foundational appraisal. To their great credit, the state and federal trial judges of Georgia are unstinting in assisting to construct that …

The Eleventh Circuit Court Of Appeals—The First Ten Years, John C. Godbold

Mercer Law Review

A court is many components. It is a highly structured and formalized institution. It is judges and staff and the internal relationships between them.

A court has history and traditions. It has accomplishments and sometimes disappointments. The court referees, decides, and guides. At its best it performs those tasks successfully and engenders confidence and respect in its work. When it does these things it imparts stability to the world around it.

We look at some of these components of the Eleventh Circuit after its first decade. This is not an in-depth examination of decisions of the Eleventh Circuit, which are …

Beyond Maryland V. Craig: Can And Should Adult Rape Victims Be Permitted To Testify By Closed-Circuit Television?, Lisa Hamilton Thielmeyer

Indiana Law Journal

No abstract provided.

The Retributive Theory Of "Just Deserts" And Victim Participation In Plea Bargaining, David A. Starkweather

Indiana Law Journal

No abstract provided.

Trial By Jury Or Judge: Transcending Empiricism, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

Pity the civil jury, seen by some as the sickest organ of a sick system. Yet the jury has always been controversial. One might suppose that, with so much at stake for so long, we would all know a lot about the ways juries differ from judges in their behavior. In fact, we know remarkably little. This Article provides the first large-scale comparison of plaintiff win rates and recoveries in civil cases tried before juries and judges. In two of the most controversial areas of modern tort law--product liability and medical malpractice--the win rates substantially differ from other cases' win …

Review Of Judicial Decision-Making In The People's Republic Of China: An Overview Of Unique Developments, Mark Findlay

Research Collection Yong Pung How School Of Law

While the constitutional injunction to independence is general, specific legislative provisions do not directly preclude the overall governance of the Party. In fact, the initial articles of the 1982 Constitution celebrate the 'dignity of the socialist legal system' (Article 5), and as the preamble confirms, the construction and maintenance of Chinese socialism remains under the leadership of the Communist Party of China. Therefore it might be argued that the protection of judicial power from the 'interference by administrative organs, public organisations or individuals' (Article 126) does not envisage the intervention of the Party.

Choosing Between Normative And Descriptive Versions Of The Judicial Role, Michael E. Herz

Articles

No abstract provided.

Quality Meets Quantity: San Gabriel Valley, California, Mark J. Klaiman

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

23 pages (includes maps).

Quality Meets Quantity: San Gabriel Valley, California: The Metropolitan Water District Of Southern California Proposal, Thomas M. Stetson

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

19 pages (includes illustrations and maps).

Contains footnotes.

Regional Water Supply Aspects Of San Gabriel Basin Superfund Process, Victor E. Gleason

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

19 pages (includes maps).

Transport Modeling – Technical And Legal Issues, Adrian Brown

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

27 pages.

Contains footnotes.

Endangered Species: The Edwards Aquifer Litigation, Stuart N. Henry

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

7 pages.

Depositions And Oral Testimony [Outline], M.E. (Sandy) Macdougall

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

16 pages.

Pre-Trial Case Preparation In Complex Groundwater Litigation: The Lawyer’S Role, Michael D. Shimmin

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

12 pages.

Case Preparation: The Expert Witness’ Role, Bruce E. Kroeker

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

9 pages.

The View From The Bench: The Perspective Of A Water Judge, Robert A. Behrman

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

9 pages.

Litigation In Texas Re: The Edwards Aquifer And Water Rights, Douglas G. Caroom

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

18 pages.

Data, Correspondence, Reports, And Exhibits For Ground Water Rights Cases (Or, Challenges In Developing And Presenting Data To Support A Ground Water Rights Case), Robert E. Brogden

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

17 pages.

Data, Correspondence, Reports And Exhibits For Groundwater Quality/Hazardous Waste Cases: File Preparation And Maintenance, James M. Kerr, Jr.

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

7 pages.

Agenda: Uncovering The Hidden Resource: Groundwater Law, Hydrology And Policy In The 1990s, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Ground-Water Conference (1992), Colorado Ground-Water Association

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

Sponsored by Natural Resources Law Center, University of Colorado School of Law and the Rocky Mountain Ground-Water Conference, organized by the Colorado Ground-Water Association.

Faculty for the conference included University of Colorado School of Law professor Lawrence J. MacDonnell.

Nearly half the people in the United States rely on groundwater as their primary water source. As demands for groundwater grow, it becomes increasingly important for lawyer and technical professionals to understand the legal and hydrologic issues arising in groundwater development, use, and protection. These issues will be the focus of the Center's thirteenth annual summer program, June 15-17, 1992.

This …

Aquifer/Stream Relationships And Aquifer Recharge, Robert A. Longenbaugh

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

13 pages.

Contains references.

Exporting Ground Water From Colorado’S San Luis Valley: Awdi’S Nontributary Claim, Eric J. Harmon

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

12 pages.

Contains 1 page of references.

Practical Considerations For Effective Use Of Expert Witnesses And Computer Models In Complex Groundwater Litigation, William A. Paddock

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

14 pages.

The Legal Framework For Aquifer Issues, Douglas L. Grant

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

20 pages.

Contains references.

Courts And Cultural Distinctiveness, Marie R. Deveney

University of Michigan Journal of Law Reform

The claim that minority ethnic and religious groups are culturally distinct from the dominant society is often, either implicitly or explicitly, a key element of demands these groups make to courts and legislatures for accommodation of their needs. In such cases, the decision maker's understanding of what constitutes "cultural distinctiveness" is crucial, for it can strongly influence the outcome of the accommodation question. In this brief Essay related to Peter Welsh's and Joseph Carens's papers and Dean Suagee's remarks delivered at the Preservation of Minority Cultures Symposium, I contrast these panelists' subtle and sophisticated understandings of cultural distinctiveness with the …

Balancing Cultural Integrity Against Individual Liberty: Civil Court Review Of Ecclesiastical Judgments, Michael G. Weisberg

University of Michigan Journal of Law Reform

This Note considers the standard of deference that civil courts should apply in cases where a religious judicatory already has decided an issue which subsequently is submitted for civil court resolution. It proposes a framework designed to protect the rights of religious groups to preserve their cultural integrity while also protecting individuals' personal liberty and the interests of the secular state. The analysis is necessarily framed by the opposing demands of the First Amendment's religion clauses. The Free Exercise Clause prohibits civil courts from intruding into religious societies' internal affairs, and the Establishment Clause limits religious authority over secular issues. …

Retroactive Application Of The Civil Rights Act Of 1991 To Pending Cases, Michele A. Estrin

Michigan Law Review

This Note addresses the applicability of the Civil Rights Act of 1991 to cases pending on the Act's date of enactment. Part I discusses current Supreme Court doctrine on the issue. This Part finds that the Court has endorsed two conflicting views on retroactively applying statutes to pending cases and that the lower federal courts consequently lack a principled framework for dealing with retroactivity issues in the 1991 Act. Part II describes the battle over the Civil Rights Acts of 1990 and 1991 and the subsequent confusion over the enacted statute's reach. This Part finds that Congress provided conflicting textual …