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Full-Text Articles in Courts

Justice Court Appeals: The Good, The Bad, And The Unintended, Samuel P. Newton Jan 2005

Justice Court Appeals: The Good, The Bad, And The Unintended, Samuel P. Newton

Articles

No abstract provided.

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Globalizing Savigny: The State In Savigny’S Private International Law, And The Challenge Of Europeanization And Globalization, Ralf Michaels Jan 2005

Globalizing Savigny: The State In Savigny’S Private International Law, And The Challenge Of Europeanization And Globalization, Ralf Michaels

Faculty Scholarship

How can conflict of laws respond to the challenges from globalization? Some argue that state-based approaches like governmental interest analysis are inadequate, and advocate a return to the approach taken by the German scholar Savigny in the 19th century. The article shows that the assumption is correct: state-based approaches have indeed become problematic. However, a return to Savigny's approach will not help: While Savigny's approach is multilateral and pays little regard to governmental interest, closer analysis reveals how central the state is to his theory. The consequences are shown in an analysis of a recent European case. It follows that …

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Why States Create International Tribunals: A Response To Professors Posner And Yoo, Laurence R. Helfer, Anne-Marie Slaughter Jan 2005

Why States Create International Tribunals: A Response To Professors Posner And Yoo, Laurence R. Helfer, Anne-Marie Slaughter

Faculty Scholarship

A recent article in the California Law Review by Professors Eric Posner and John Yoo, Judicial Independence in International Tribunals, argues that the only effective international tribunals are dependent tribunals, by which the authors mean ad hoc tribunals staffed by judges closely controlled by governments through the power of reappointment or threats of retaliation. Independent tribunals, by contrast, meaning tribunals staffed by judges appointed on similar terms as those in domestic courts, pose a danger to international cooperation. According to Posner and Yoo, independent tribunals are suspect because they are more likely to allow moral ideals, ideological imperatives or the …

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The Crime Victim's Right To Attend The Trial: The Reascendant National Consensus, Douglas Evan Beloof, Paul Cassell Jan 2005

The Crime Victim's Right To Attend The Trial: The Reascendant National Consensus, Douglas Evan Beloof, Paul Cassell

Utah Law Faculty Scholarship

This article contends that crime victims should have an unequivocal right to attend a criminal trial, even in cases where they will be called as witnesses. A victim's right to attend trial has strong historical support, as at common law victims attended trial as private prosecutors. More recently, crime victims' rights legislation passed in the majority of states recognizes the victim's right to attend. Nothing in the Constitution prevents victims from attending trial, and strong public policy reasons support such an approach. Observing the trial can have import therapeutic and other benefits for victims. Any risk of prejudice to a …

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Compromising Liberty: A Structural Critique Of The Sentencing Guidelines, Jackie Gardina Jan 2005

Compromising Liberty: A Structural Critique Of The Sentencing Guidelines, Jackie Gardina

University of Michigan Journal of Law Reform

This Article contends that the federal sentencing guidelines-whether mandatory or discretionary-violate the constitutional separation of powers by impermissibly interfering with a criminal jury's constitutional duty to act as a check against government overreaching. This Article posits that the inclusion of the criminal jury in Article III of the Constitution was intended as an inseparable element of the constitutional system of checks and balances. This Article also submits a proposal for restoring the constitutional balance through the creation of a "guideline jury system" within the current guideline structure. The implementation of a guideline jury system would fill the constitutional void created …

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Mediation And Justice: What Standards Govern?, Joseph B. Stulberg Jan 2005

Mediation And Justice: What Standards Govern?, Joseph B. Stulberg

Cardozo Journal of Conflict Resolution

I find it challenging to write about mediation and justice for several perplexing reasons. The concept of justice is constitutionally ambiguous; trying to analyze it concretely is a challenging task for both writer and reader. Despite the concept's ambiguity, however, each of us can readily describe situations that instantly appall us for reasons that we intuitively identify as constituting acts or occasions of injustice. The irony then, and hence the challenge, is that we know that the concept of justice is an important phenomenon to address, yet we have difficulty saying something constructive or useful about it.

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“Stop Me Before I Get Reversed Again”: The Failure Of Illinois Appellate Courts To Protect Their Criminal Decisions From United States Supreme Court Review, 36 Loy. U. Chi. L.J. 893 (2005), Timothy P. O'Neill Jan 2005

“Stop Me Before I Get Reversed Again”: The Failure Of Illinois Appellate Courts To Protect Their Criminal Decisions From United States Supreme Court Review, 36 Loy. U. Chi. L.J. 893 (2005), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Decline Of Title Vii Disparate Impact: The Role Of The 1991 Civil Rights Act And The Ideologies Of Federal Judges, Michael J. Songer Jan 2005

Decline Of Title Vii Disparate Impact: The Role Of The 1991 Civil Rights Act And The Ideologies Of Federal Judges, Michael J. Songer

Michigan Journal of Race and Law

This study employs various statistical techniques to test the efficacy of the 1991 Civil Rights Act in moderating the highly restrictive disparate impact regime imposed by Wards Cove, and to evaluate the hypothesis that political ideology should be a more powerful predictor of case outcomes following the 1991 Act. Part I of the paper describes the evolution of disparate impact doctrine from 1971 to the present. Part II analyzes data from randomly selected disparate impact cases brought by African American plaintiffs and finds that the current disparate impact doctrine emanating from the 1991 Civil Rights Act dramatically decreases the likelihood …

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A Call For Change: Improving Judicial Selection Methods, Jason J. Czarnezki Jan 2005

A Call For Change: Improving Judicial Selection Methods, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

Empirical data show that, despite the significant electoral success of state court judges, elections still impact judicial decision making. Using the State of Wisconsin as an example, this Essay suggests that Wisconsin and other state legislatures, with the support of bar associations and academics, should revisit the historical underpinnings of judicial elections and consider both whether electing judges conforms with the historical goals of having an elected judiciary and whether the available empirical data support the belief that elected judges can be systematically consistent and independent in the decision making process.

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The Supreme Court Report 2004-05: The End Of The Rehnquist Era, Julie M. Cheslik Jan 2005

The Supreme Court Report 2004-05: The End Of The Rehnquist Era, Julie M. Cheslik

Faculty Works

No abstract provided.

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Plea Bargaining At The International Criminal Tribunal For The Former Yugoslavia, Ralph Henham, Mark Drumbl Jan 2005

Plea Bargaining At The International Criminal Tribunal For The Former Yugoslavia, Ralph Henham, Mark Drumbl

Scholarly Articles

The International Criminal Tribunal for the former Yugoslavia (ICTY) increasingly has turned to plea bargains to resolve the cases before it. A number of factors motor this trend. One is administrative: the ICTY has been subject to considerable pressure from the United Nations Security Council and donor states to accelerate its work. Another is the desire to obtain acknowledgements of responsibility from perpetrators. Moreover, there is concern that, as time passes, the memories of witnesses dim. The rigours of direct and cross-examination may retraumatise those who have survived mass atrocity. ICTY judges also have expressed their understanding that guilty pleas …

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Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report (Introduction And Participants) Jan 2005

Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report (Introduction And Participants)

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

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Report Of The Governor's Council On Capital Punishment, Joseph L. Hoffmann, Fredrick R. Bieber, Robert Barton, Ralph Boyd Jr., Timothy J. Cruz, Donald R. Hayes Jr., Dr. Henry Lee, Henry Moniz, Kathleen O'Toole, Carl M. Selavka, Michael J. Sullivan Jan 2005

Report Of The Governor's Council On Capital Punishment, Joseph L. Hoffmann, Fredrick R. Bieber, Robert Barton, Ralph Boyd Jr., Timothy J. Cruz, Donald R. Hayes Jr., Dr. Henry Lee, Henry Moniz, Kathleen O'Toole, Carl M. Selavka, Michael J. Sullivan

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

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Strategy And Remorse In Capital Trials, Andrew D. Leipold Jan 2005

Strategy And Remorse In Capital Trials, Andrew D. Leipold

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

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A Psychologist's Perspective On Capital Juries, Steven J. Sherman Jan 2005

A Psychologist's Perspective On Capital Juries, Steven J. Sherman

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

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Substantive Appellate Review In Capital Cases, Joseph L. Hoffmann Jan 2005

Substantive Appellate Review In Capital Cases, Joseph L. Hoffmann

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

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The History Of Capital Appeals In Massachusetts, William J. Meade Jan 2005

The History Of Capital Appeals In Massachusetts, William J. Meade

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

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Procedural Default In Capital Cases, F. Thomas Schornhorst Jan 2005

Procedural Default In Capital Cases, F. Thomas Schornhorst

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

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Ethics, Science, And The Law Of Capital Punishment, Fredrick R. Bieber Jan 2005

Ethics, Science, And The Law Of Capital Punishment, Fredrick R. Bieber

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

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A Scientist's Perspective On Forensic Science, Carl M. Selavka Jan 2005

A Scientist's Perspective On Forensic Science, Carl M. Selavka

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

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Changing The Role Of Appellate Judges In Capital Cases, Sam Kamin Jan 2005

Changing The Role Of Appellate Judges In Capital Cases, Sam Kamin

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

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Open Discussion: Post-Trial Review Jan 2005

Open Discussion: Post-Trial Review

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

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Symbol And Substance In The Massachusetts Commission Report, Franklin E. Zimring Jan 2005

Symbol And Substance In The Massachusetts Commission Report, Franklin E. Zimring

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

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Death Qualification And True Bifurcation: Building On The Massachusetts Governor's Council's Work, Sam Kamin, Jeffrey J. Pokorak Jan 2005

Death Qualification And True Bifurcation: Building On The Massachusetts Governor's Council's Work, Sam Kamin, Jeffrey J. Pokorak

Indiana Law Journal

No abstract provided.

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Response To Professors Kamin And Pokorak, Joseph L. Hoffmann Jan 2005

Response To Professors Kamin And Pokorak, Joseph L. Hoffmann

Indiana Law Journal

No abstract provided.

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Statutes Of Limitations: A Policy Analysis In The Context Of Reparations Litigation, Suzette M. Malveaux Jan 2005

Statutes Of Limitations: A Policy Analysis In The Context Of Reparations Litigation, Suzette M. Malveaux

Publications

This article discusses the underlying policy rationales for statutes of limitations and their exceptions, as demonstrated by Supreme Court precedents. This article explores limitations law in the context of a case brought by African-American survivors of the Tulsa Race Riot of 1921 who sought restitution from the local government for its participation in one of the worst race riots in American history, in violation of their constitutional and federal civil rights. Using the Tulsa case as an exemplar, this article analyzes the propriety of the case’s dismissal as time-barred, and contends that this outcome was unwarranted under precedents and failed …

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Take What You Can, Give Nothing Back: Judicial Estoppel, Employment Discrimination, Bankruptcy, And Piracy In The Courts, Theresa M. Beiner, Robert B. Chapman Jan 2005

Take What You Can, Give Nothing Back: Judicial Estoppel, Employment Discrimination, Bankruptcy, And Piracy In The Courts, Theresa M. Beiner, Robert B. Chapman

Law Faculty Scholarship

No abstract provided.

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Terrorism: The International Response Of The Courts (The Institute For Advanced Study Branigin Lecture), Michael D. Kirby Jan 2005

Terrorism: The International Response Of The Courts (The Institute For Advanced Study Branigin Lecture), Michael D. Kirby

Indiana Journal of Global Legal Studies

The Institute for Advanced Study Branigin Lecture

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Domesticating The Gerrymander: An Essay On Standards, Fair Representation, And The Necessary Question Of Judicial Will, Luis Fuentes-Rohwer Jan 2005

Domesticating The Gerrymander: An Essay On Standards, Fair Representation, And The Necessary Question Of Judicial Will, Luis Fuentes-Rohwer

Articles by Maurer Faculty

The U.S. Supreme Court has moved beyond its cautious intervention in Baker v. Carr and now firmly controls the law of democracy. Yet political gerrymandering questions so understood have traditionally proven difficult for the Court to examine properly. The recent Vieth v. Jubelirer is but a further example of this phenomenon. This Essay situates Vieth within the reapportionment revolution and ultimately concludes that the central question in gerrymandering cases is the question of judicial will and whether the Court will choose to exercise its power. This Essay closes with a cautionary note: in light of the Court's general performance in …

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Reconsidering The Law Of Democracy: Of Political Questions, Prudence, And The Judicial Role, Luis Fuentes-Rohwer Jan 2005

Reconsidering The Law Of Democracy: Of Political Questions, Prudence, And The Judicial Role, Luis Fuentes-Rohwer

Articles by Maurer Faculty

In Vieth v. Jubelirer, the U.S. Supreme Court seemed poised to offer the Court's definitive position on political gerrymandering questions. Yet the Court splintered along familiar lines and failed to offer a definitive answer. This Article focuses on the plurality opinion, and particularly its conclusion that judicially manageable standards are wanting in this area. This conclusion is implausible and masks the real question at the heart of the case. The Vieth plurality is best understood by examining the Court's political and prudential concerns, as cabined by the political question doctrine. One understanding is simply that the plurality is making a …

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