Courts Commons^™

Giving A Voice To The Voiceless: Enhancing Youth Participation In Court Proceedings, Miriam Aroni Krinsky, Jennifer Rodriquez

Nevada Law Journal

No abstract provided.

How Children Are Heard In Child Protective Proceedings, In The United States And Around The World In 2005: Survey Findings, Initial Observations, And Areas For Further Study, Jean Koh Peters

Nevada Law Journal

No abstract provided.

The Judgment-Proof Society, Stephen G. Gilles

Washington and Lee Law Review

No abstract provided.

Fixing The Constable's Blunder: Can One Trial Judge In One County In One State Nudge A Nation Beyond The Exclusionary Rule?, H. Mitchell Caldwell

BYU Law Review

No abstract provided.

Contra Proferentem: The Allure Of Ambiguous Boilerplate, Michelle E. Boardman

Michigan Law Review

Bad boilerplate can shake one' s faith in evolution; not only does it not die away, it multiplies. The puzzle is why. Much of boilerplate is ambiguous or incomprehensible. This alienates consumers and is i ncreasingly punished by courts construing the language against the drafter. There must, therefore, be some hidden allure to ambiguous boilerplate. The popular theory is trickery: drafters lure consumers in with promising language that comes to nothing in court. But this trick would require consumers to do three things they do not do-read the language, understand it, and take comfort in it. There is a hidden …

Judicial Balancing In Times Of Stress: Comparing The American, British, And Israeli Approaches To The War On Terror, Michel Rosenfeld

Cardozo Law Review

No abstract provided.

John Paul Stevens, Human Rights Judge, Diane Marie Amann

Scholarly Works

This article explores the nature and origins of Supreme Court Justice John Paul Stevens' engagement with international and foreign law and norms. It first discusses Stevens' pivotal role in the revived use of such norms to aid constitutional interpretation, as well as 1990s opinions testing the extent to which constitutional protections reach beyond the water's edge and 2004 opinions on post-September 11 detention. It then turns to mid-century experiences that appear to have contributed to Stevens' willingness to consult foreign context. The article reveals that as a code breaker Stevens played a role in the downing of the Japanese general …

Customized Litigation: The Case For Making Civil Procedure Negotiable, Michael Moffitt

ExpressO

This article calls for a complete re-conceptualization of the procedural rules governing modern litigation. Specifically, it suggests that litigants ought to be given the opportunity to customize their litigation experience—that procedural rules should be treated as default rules from which parties can mutually negotiate deviations. Although they are not typically labeled as such, modest examples of customization already occur both within the rules of civil procedure and extra-judicially. This article argues that much greater tailoring is possible, and it suggests three criteria for assessing how much deviation from the current baseline is tolerable. This article argues that a judicial system …

Solel Boneh Building And Infrastructure Ltd 2. Aryeh Insurance Company Ltd V. Estate Of The Late Ahmed Abed Alhamid Deceased, Aharon Barak, Yonatan Adiel, Mishael Cheshin, Eliezer Rivlin, Asher Grunis, Dorit Beinisch, Miriam Naor

Translated Opinions

Facts: Ahmed Alhamid died in a work accident. His estate and dependents (the respondents) filed a claim against the appellants for compensation. During the proceedings, the respondents reached a settlement with the appellants, according to which the appellants would pay a sum of NIS 100,000 to the respondents. This settlement was given the force of a court judgment on 22 February 2004. Three weeks later, the Supreme Court gave its judgment in Estate of Ettinger v. Company for the Reconstruction and Development of the Jewish Quarter ([2004] IsrLR 101). In that judgment the Supreme Court held that if a person …

Precedent And Procedural Due Process: Policymaking In The Federal Courts, Sarah A. Maguire

ExpressO

No abstract provided.

“It’S The [Tort System], Stupid:” Consumer Deductibles; How To More Equitably Distribute The Risks Of Medical Malpractice And Adequately Compensate Victims Without Statutory Damage Caps., Bradford Luke Ledbetter

ExpressO

No abstract provided.

Toward A Federal Common Law Of Bankruptcy: Judicial Lawmaking In A Statutory Regime, Adam J. Levitin

ExpressO

Bankruptcy is a statutory system, yet it is replete with practices for which there is no direct authorization in the Bankruptcy Code. This article argues that the authorization for judicial creation of bankruptcy law beyond the provisions of the Code has been misidentified as the equity powers of bankruptcy courts. This misidentification has led courts to place inappropriate statutory and historical limitations on non-Code practices because of discomfort with unguided equitable discretion.

Both the statutory and historic limitations are problematic. The statutory authorization for the bankruptcy courts’ equitable powers appears to have been repealed by what one judge has called …

Cambodia At A Crossroads: How Repealing Untac Article 63, Cambodia's Current Defamation Law, Will Lead To A More Vigorous Democracy, Alicia A. Adornato

ExpressO

Cambodia’s current criminal defamation law is an impermissible intrusion of Cambodians’ constitutionally guaranteed right to freedom of expression. The law itself is a remnant of the United Nations Transitional Authority in Cambodia. Moreover it is now being used as a tool to silence the government’s political opposition through a weak judiciary system, leaving in its wake a democracy afraid to exercise its constitutionally guaranteed rights. This law is an unconstitutional violation for several reasons: first, it violates the right to freedom of expression which is guaranteed in Cambodia’s Constitution. Secondly, it is incompatible with Cambodia’s human rights obligations under the …

Kramer's Popular Constitutionalism: A Quick Normative Assessment, Sarah K. Harding

All Faculty Scholarship

No abstract provided.

Bringing Jury Instructions Into The Twenty-First Century, Nancy S. Marder

All Faculty Scholarship

No abstract provided.

Cyberjuries: A New Role As Online Mock Juries, Nancy S. Marder

All Faculty Scholarship

No abstract provided.

Introduction To Secrecy In Litigation (Symposium Editor), Nancy S. Marder

All Faculty Scholarship

No abstract provided.

Justice Stevens, The Peremptory Challenge, And The Jury (Symposium), Nancy S. Marder

All Faculty Scholarship

No abstract provided.

Remarks, Eli M. Rosenbaum

Cardozo Law Review

No abstract provided.

Toward A New Public Access Doctrine, Raleigh Hannah Levine

Cardozo Law Review

No abstract provided.

The Nuremberg Trials: A Reappraisal And Their Legacy: An Introduction, Sheri P. Rosenberg

Cardozo Law Review

No abstract provided.

Transitional Justice: Postwar Legacies, Ruti Teitel

Cardozo Law Review

No abstract provided.

From Nuremberg To Tokyo: Some Reflections On The Tokyo Trial (On The Sixtieth Anniversary Of The Nuremberg Trials), Zhang Wanhong

Cardozo Law Review

No abstract provided.

Bringing Human Rights Abusers To Justice In U.S. Courts: Carrying Forward The Legacy Of The Nuremberg Trials, Sandra Coliver

Cardozo Law Review

No abstract provided.

Is There A Bias Against Education In The Jury Selection Process?, Hillel Y. Levin, John W. Emerson

Scholarly Works

Herbert Spencer famously said that a jury is “a group of twelve people of average ignorance.” That is not a particularly rosy picture of juror competence, but it presents a far better view than the one held by many -- if not most -- modern commentators. The more common contemporary sentiment was captured by Mark Twain when he wrote, in his inimitable style, “[w]e have a criminal jury system which is superior to any in the world; and its efficiency is only marred by the difficulty of finding twelve [people] every day who don't know anything and can't read.” Specifically, …

Justice Story Cuts The Gordian Knot Of Hung Jury Instructions, George C. Thomas Iii, Mark Greenbaum

Rutgers Law School (Newark) Faculty Papers

Constitutional law grows more complex over time. The complexity is due, in large part, to the rule of stare decisis. When faced with precedents that it does not wish to follow, the Court usually distinguishes the case before it. Thus, the constitutional landscape is littered with cases that do not fit well together. Navigating past these shoals is often difficult for courts following the Supreme Court’s lead. One example is the law governing instructions that a trial judge can give a deadlocked jury in a criminal case. The right to a jury trial entails the right to have the jury …

The U.S. And The International Criminal Court (Icc), Paul R. Rickert

Faculty Publications and Presentations

This paper is a discussion of the notable issues the U.S. points out regarding the Rome Treaty, the treaty establishing the International Criminal Court.

Train Our Jurors, Jonathan Koehler

Faculty Working Papers

Lay jurors are often legally and logically unprepared for trial. In response, it is recommended that jurors receive training in how to make better legal decisions. This chapter suggests that jurors should receive comprehensive training in critical legal doctrines and in how to reason with legal evidence. Jurors who cannot be trained to achieve minimal levels of competence (in the law or in basic reasoning) should be excused from jury service. Suggestions are given as to how policy makers and researchers who are interested in jury reform may wish to proceed.

Mental Health Courts And Title Ii Of The Ada: Accessibility To State Court Systems For Individuals With Mental Disabilities And The Need For Diversion, S. Elizabeth Malloy

Faculty Articles and Other Publications

Access to the judicial system, a fundamental right that has paramount importance in our society, can often present obstacles to people with disabilities in a variety of significant ways. Yet Title II mandates that state and local judicial facilities be accessible to individuals with disabilities. Recent shifts in paradigmatic approaches to special populations such as drug offenders and offenders with mental disabilities have lead to the creation of mental health courts specifically designed to address the needs of the persons with mental disabilities in order to avoid incarceration. Early outcomes in states like Ohio suggest mental health courts may better …

Decentralized Proliferation Of International Judicial Bodies, Sang Wook Daniel Han

Florida State University Journal of Transnational Law & Policy

No abstract provided.