Courts Commons^™

The Law Of Obscenity In Comic Books, Rachel Silverstein

Touro Law Review

No abstract provided.

The Legal Significance Of Custom In The Halakhic Jurisprudence Of Rabbi Yechiel Mikhel Epstein’S Arukh Hashulchan, Shlomo C. Pill, Michael J. Broyde

Touro Law Review

No abstract provided.

Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.

Touro Law Review

No abstract provided.

Applying Maimonides’ Hilkhot Teshuvah–Laws Of Repentance – In The Criminal Law System Of The State Of Israel: An Israeli Judge’S Perspectives, Moshe Drori

Touro Law Review

No abstract provided.

Lawful Permanent Residency: A Potential Solution For Temporary Protected Status Holders In The Eastern District Of New York, Cody M. Gecht

Touro Law Review

No abstract provided.

The Arms Dealer Who Cries, :“First Amendment”, Gustave Passanante

Touro Law Review

No abstract provided.

In General Public Use: An Unnecessary Test In Fourth Amendment Searches Using Advanced Sensing Technology, Mike Petridis

Touro Law Review

No abstract provided.

Beholding Law: Amadeo On The Argentine Constitution, Christina D. Ponsa-Kraus, Erin F. Delaney

Faculty Scholarship

This essay introduces an online edition of Santos P. Amadeo’s Argentine Constitutional Law to be published by the Academia Puertorriqueña de Jurisprudencia y Legislación. Tracing the book to its origins in a paper Amadeo wrote for a seminar in comparative constitutional law at Columbia Law School in the 1930s, we discuss the intellectual context that gave rise to the book and assess its author’s methodological choices. We then examine one particular substantive choice: Whereas the paper specifically draws attention to the importance of understanding every form of political subdivision in a federalist system – identifying Argentina’s as the provinces, the …

Where Drugs Are Involved, Universities Offer Education And Rehabilitation, While The Juvenile Justice System Offers Detention And Punishment: Why Juvenile Drug Courts Are The Answer, Samantha Balanevsky

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

With Gratitute From Our Daughters: Reflecting On Justice Ginsburg And United States V. Virginia, Meredith Johnson Harbach

Law Faculty Publications

“What enabled me to take part in the effort to free our daughters and sons to achieve whatever their talents equipped them to accomplish, with no artificial barriers blocking their way?”

—Ruth Bader Ginsburg

On September 18, 2020, we mourned the loss of Justice Ruth Bader Ginsburg, whom many considered not just a cultural icon, but a national treasure. Among many other things, Justice Ginsburg became a later-in-life feminist “rock star,” celebrated for her rousing and impassioned dissents, her fearless defense of equality and autonomy rights, her championing of civil rights, and her persistent determination in the face of injustice. …

The Political Process Of Preemption, Paul A. Diller

University of Richmond Law Review

Preemption, particularly of the state-city variety, has become a hot topic. State legislatures in many states over the last decade have preempted a wide swath of areas in which cities and counties were previously free to govern. In addition to the sweeping nature and frequency of preemption, the increasingly aggressive methods of enforcing preemption have drawn notice. The threat of fiscal penalties, removal of local officials from office, and even criminal sanctions constitute what one scholar has dubbed the phenomenon of “hyper preemption.”

Pills, Public Nuisance, And Parens Patriae: Questioning The Propriety Of The Posture Of The Opioid Litigation, Michelle L. Richards

University of Richmond Law Review

The opioid crisis has been in litigation for almost twenty years on various fronts, including criminal prosecutions of pharmaceutical executives, civil lawsuits by individuals against drug manufacturers and physicians, class actions by those affected by opioid abuse, and criminal actions filed by the Drug Enforcement Administration (“DEA”). In the early 2000s, opioid litigation began with individual plaintiffs filing suit against manufacturers and others for damages allegedly related to opioid use. The litigation has since expanded significantly in terms of the type of plaintiffs and defendants, the nature of the claims being asserted, and the damages attributable to the crisis.

The …

Ethical Blindspots In Adoption Lawyering, Malinda L. Seymore

University of Richmond Law Review

This Article discusses ethical issues relevant to adoption attorneys, as well as the lessons from behavioral ethics that inform the ethical blind spots common in the practice. The Model Rules for attorneys address a number of areas relevant to the complexitiesof adoption practice. Rules relating to competency and confidentiality, conflicts of interest and dual representation, and the lawyer’s roles as counselor as well as advocate are particularly germane. Although much has been written about the dual representation issue in adoption, other issues of professional responsibility in adoption cases have not been as carefully explored. This Article seeks to remedy that. …

Tailoring Copyright To Protect Artists: Why The United States Needs More Elasticity In Its Protection For Fashion Designs, Robin M. Nagel

University of Richmond Law Review

For as long as copyright protection has existed in the United States, protection has never expressly extended to fashion designs because copyright law categorizes fashion designs as “useful articles” that do not receive any protection. In the eighteenth century, this policy perhaps made sense—most clothing was generic, non-decorative, and required little creativity for many of the everyday garments people wore. Clothing in the eighteenth century was commonly made up of useful articles that served very little purpose outside of their utility. However, in today’s society, fashion has transformed into an industry that prizes creativity, ingenuity, innovation, and something more than …

Here There Be Dragons: The Likely Interaction Of Judges With The Artificial Intelligence Ecosystem, Fredric I. Lederer

Popular Media

No abstract provided.

Can The International Criminal Court Succeed? An Analysis Of The Empirical Evidence Of Violence Prevention, Stuart Ford

Loyola of Los Angeles International and Comparative Law Review

Despite significant optimism about the future of the International Criminal Court (“ICC”) during its early years, recently there has been growing criticism of it by both scholars and governments. As a result, there appears to be more doubt about the ICC’s ability to succeed now than at any other point in its history. So, are the critics correct? Is the ICC failing? No. This Article argues that, not only can the ICC succeed, there is strong evidence that it is already succeeding. It analyzes several recent empirical articles that have convincingly demonstrated that the ICC prevents serious violations of international …

Experiments With Suppression: The Evolution Of Repressive Legality In Britain In The Revolutionary Period, Christopher M. Roberts

Loyola of Los Angeles International and Comparative Law Review

This article is concerned with the structure of repressive governance, and how it has evolved historically. It examines this theme through an exploration of the manner which repressive laws and institutions evolved in Britain over the course of the late eighteenth century. In particular, it reviews the various measures that British authorities utilized and relied upon in order to confront a growing wave of calls for social and political reforms. These included a policy of aggressive prosecutions of dissidents; the creation of new institutions such as the Home Office designed to enhance the powers of the central authorities; extralegal measures …

Covid-19 And The Law: Elections, Richard Briffault

Faculty Scholarship

With one Supreme Court decision, lower federal and state court decisions, pending litigation, and proposals around the country for major changes in how elections are conducted, COVID-19 has already had and likely will continue to have a significant impact on election law.

The discussion that follows proceeds in two parts. The first addresses the initial consequences of COVID-19 as an electoral emergency. Voters were due to go to the polls in states around the country just as the pandemic was gathering force and governors and mayors were calling on people to stay at home and avoid large gatherings – which, …

Judicial Credibility, Bert I. Huang

Faculty Scholarship

Do people believe a federal court when it rules against the government? And does such judicial credibility depend on the perceived political affiliation of the judge? This study presents a survey experiment addressing these questions, based on a set of recent cases in which both a judge appointed by President George W. Bush and a judge appointed by President Bill Clinton declared the same Trump Administration action to be unlawful. The findings offer evidence that, in a politically salient case, the partisan identification of the judge – here, as a “Bush judge” or “Clinton judge” – can influence the credibility …

Preventing Whack-A-Mole Management Of Consumer Debt Cases: A Proposal For A Coherent And Comprehensive Approach For State Courts, Paula Hannaford-Agor, Brittany Kauffman

Faculty Publications

The debt burden is growing, and there is a strong likelihood that state courts will see corresponding increases in debt collection caseloads. To meet the challenge, state courts need to implement policies, rules, procedures, and business practices to manage consumer debt collection cases in a more consistent and coherent manner. As part of the Civil Justice Institute Implementation Plan, the National Center for State Courts and Institute for the Advancement of the American Legal System conducted preliminary research to document the impact of rules enacted in New York State on consumer debt litigation. The project also included an exploratory survey …

Small Claims Disputes In Nova Scotia And Access To Justice, William H. Charles

Dalhousie Law Journal

The author examines, in some detail, the current operations of the Nova Scotia Small Claims Court to determine whether the court, established forty years ago, is still fulfilling its legislative mandates of providing ready access to speedy, informal and inexpensive justice. After reviewing historical attempts by the legal system to provide an effective mechanism to adjudicate minor disputes, and the various factors that eventually resulted in the creation of the present court in 1980, the author identifies a number of other factors that historically had a negative impact on the operation of the court. Many of these, involving court jurisdiction, …

Standing, Still? The Evolution Of The Doctrine Of Standing In The American And Israeli Judiciaries: A Comparative Perspective, Joshua Hoyt

Vanderbilt Journal of Transnational Law

The doctrine of standing plays an important role in limiting the classes of cases or controversies that are appropriate for judicial resolution; considered with other justiciability doctrines, judicial standing necessarily reflects the broader role of the court in society. Though the American judiciary had rather generous standing policies in place at the time of the founding, with the rise of the administrative state in the aftermath of the New Deal, progressive justices saw fit to restrict judicial standing as a means of insulating regulatory programs from industry challenge. In contradistinction, the young Israeli society has some of the most accessible …

Legalizing Midwifery In Missouri, Michael A. Wolff

All Faculty Scholarship

Two decades after the Missouri Supreme Court upheld an injunction against the practice of midwifery, two midwives became lobbyists for the cause and, with the remarkable cooperation of friendly legislators and lobbyists, got a provision inserted in a health bill legalizing the practice of tocology, a synonym for midwifery that went unnoticed by legislators who voted for the lengthy bill in which it was inserted. Medical associations sued to invalidate this "stealth" provision but their efforts failed when the Missouri Supreme Court declined to grant standing to the doctors to "protect" the interests of the public. Thirteen years later, the …

Intervenors At The Supreme Court Of Canada, Geoffrey D. Callaghan

Dalhousie Law Journal

My aim in this paper is to offer a normatively attractive and explanatorily sound interpretation of the Supreme Court of Canada’s approach to third party intervention. The crux of my interpretation is that the policy the Court has developed on intervenors allows it to strike a reasonable balance among a number of competing democratic considerations, all of which have value in the context of judicial decision making. In this respect, the Court should be commended for identifying a way to liberalize a practice that possesses many democratically-attractive features, but also the inherent capacity to undermine the democratic standing of the …

Circumventing Standing To Appeal, Ryan W. Scott

Articles by Maurer Faculty

The requirement of standing to sue in federal court is familiar, but the related requirement of standing to appeal within the Article III judiciary is badly undertheorized. The Supreme Court’s opinions suggest (at least) four constitutional rationales. Standing to appeal might serve the same functional purposes as standing to sue, or it might follow from the fact that appeals involve two separate courts, or it might be triggered because the underlying case or controversy has become moot, or because it has reached the point of final judgment.

Compounding the confusion, the requirement of standing to appeal can have troubling consequences …

Diverse And Inclusive High Courts: A Global And Intersectional Perspective, Alice J. Kang, Miki Caul Kittilson, Valerie Hoekstra, Maria C. Escobar-Lemmon

Department of Political Science: Faculty Publications

Critical race feminists call attention to the ways in which multiple and overlapping forms of privilege and discrimination shape individual experiences and perspectives. In this article, we argue that judiciaries cannot be fully inclusive if their composition does not reflect a society’s intersecting sources of disadvantage. We consider intersectional inclusion on high courts from a compar-ative perspective. Most existing practices of representation on high courts promote the inclusion of groups as if they are internally homogenous. We explore the attempts at and successes of promoting intersectional inclusion in the context of the high courts of Canada and South Africa. Although …

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

The Adjudication Business, Pamela K. Bookman

Faculty Scholarship

The recent proliferation of international commercial courts around the world is changing the global business of adjudication. The rise of these courts also challenges the traditional accounts of the competitive relationship between and among courts and arbitral tribunals for this business. London and New York have long been considered the forum of choice in international commercial contracts—whether parties opt for litigation or arbitration. More recently, however, English-language-friendly international commercial courts have been established in China (2018), Singapore (2015), Qatar (2009), Dubai (2004), the Netherlands (2019), Germany (2018), France (2010), and beyond.

The emerging scholarship addressing these new courts tends to …

The Innovation & Limitation Of Arbitral Courts, Pamela K. Bookman

Faculty Scholarship

No abstract provided.

Herman Melville’S Billy Budd: Why This Classic Law And Literature Novel Endures And Is Still Relevant Today, Rodger Citron

Touro Law Review

No abstract provided.