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Full-Text Articles in Courts

Keeping Attorneys From Trashing Identities: Malpractice As Backstop Protection For Clients Under The United States Judicial Conference's Policy On Electronic Court Records, Michael Caughey Feb 2004

Keeping Attorneys From Trashing Identities: Malpractice As Backstop Protection For Clients Under The United States Judicial Conference's Policy On Electronic Court Records, Michael Caughey

Washington Law Review

Federal courts in the United States have embraced electronic access to court records because it promises to allow courts to run more efficiently. At the same time, critics worry that electronically available court records might provide identity thieves with a trove of clients' personal information. The United States Judicial Conference has adopted a policy endorsing electronic access to court records, but the policy does not contain an express enforcement mechanism to protect clients' privacy. While court-directed protections, such as Rule I 1 sanctions, might help prevent identity theft, they will not help clients after the crime occurs. To recover their …


Toward A New Constitutional Anatomy, Victoria Nourse Feb 2004

Toward A New Constitutional Anatomy, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

There is an important sense in which our Constitution's structure is not what it appears to be--a set of activities or functions or geographies, the 'judicial" or the "executive" or the "legislative" power, the "truly local and the truly national. "Indeed, it is only if we put these notions to the side that we can come to grips with the importance of the generative provisions of the Constitution: the provisions that actually create our federal government; that bind citizens, through voting, to a House of Representatives, to a Senate, to a President, and even, indirectly, to a Supreme Court. In …


Rise Of The Machines: Justice Information Systems And The Question Of Public Access To Court Records Over The Internet, Gregory M. Silverman Feb 2004

Rise Of The Machines: Justice Information Systems And The Question Of Public Access To Court Records Over The Internet, Gregory M. Silverman

Washington Law Review

In the first half of the present Article, I introduce the reader to this technology (Part II) and its likely role in evolving justice information systems (Parts I and III). In the second half of the Article, I enter the debate over whether the public should be permitted access to court records over the Internet. After explaining the origins, history, and principal sides of this debate (Part IV), I argue, first, that when used properly, XML permits the public to have access to court records over the Internet while promoting public safety and protecting personal security (Part V) and, second, …


Designing An Accessible, Technology-Driven Justice System: An Exercise In Testing The Access To Justice Technology Bill Of Rights, T. W. Small, Robert Boiko, Richard Zorza Feb 2004

Designing An Accessible, Technology-Driven Justice System: An Exercise In Testing The Access To Justice Technology Bill Of Rights, T. W. Small, Robert Boiko, Richard Zorza

Washington Law Review

The Access to Justice Technology Bill of Rights project, sponsored by the Access to Justice Board of Washington State, included a committee composed of attorneys, judges, technologists, and librarians charged with envisioning an ideal civil justice system. Our goals were to design a system with certain core values (e.g., due process and access to justice), test the system using a complex family law scenario, determine what opportunities technology brings to the table, and identify what barriers technology creates for persons using the system. This Article describes an idealized civil justice system (System) unlike anything that presently exists. The System is …


Does History Defeat Standing Doctrine?, Ann Woolhandler, Caleb Nelson Feb 2004

Does History Defeat Standing Doctrine?, Ann Woolhandler, Caleb Nelson

Michigan Law Review

According to the Supreme Court, the Federal Constitution limits not only the types of matters that federal courts can adjudicate, but also the parties who can bring those matters before them. In particular, the Court has held that private citizens who have suffered no concrete private injury lack standing to ask federal courts to redress diffuse harms to the public at large. When such harms are justiciable at all, the proper party plaintiff is the public itself, represented by an authorized officer of the government. Although the Court claims historical support for these ideas, academic critics insist that the law …


Volume 71 Jan 2004

Volume 71

Tennessee Law Review

No abstract provided.


Symbolic Counter-Speech, Howard M. Wasserman Jan 2004

Symbolic Counter-Speech, Howard M. Wasserman

Faculty Publications

No abstract provided.


Prosecutor V Radislav Krstić: Icty Authenticates Genocide At Srebrenica And Convicts For Aiding And Abetting, Mark Drumbl Jan 2004

Prosecutor V Radislav Krstić: Icty Authenticates Genocide At Srebrenica And Convicts For Aiding And Abetting, Mark Drumbl

Scholarly Articles

The Krstić Appeals Chamber decision makes two major contributions to international criminal law. It also provides a number of additional insights and clarifications. In this case note, I will critically examine the two major contributions. Firstly, Krstić authenticates that genocide was in fact perpetrated against the Bosnian Muslims of Srebrenica. This serves an important didactic purpose. Srebrenica is the only incidence of genocide the ICTY has found amidst the pervasive violence that roiled the former Yugoslavia. Secondly, Krstić narrows the scope of joint criminal enterprise as a mechanism to attribute individual criminal liability for acts perpetrated by groups acting collectively. …


The Pace And Cause Of Change, 37 J. Marshall L. Rev. 357 (2004), Larry D. Kramer Jan 2004

The Pace And Cause Of Change, 37 J. Marshall L. Rev. 357 (2004), Larry D. Kramer

UIC Law Review

No abstract provided.


Reflections On Judicial Review And The Plight Of The Poor In A World Where Nothing Works, 37 J. Marshall L. Rev. 555 (2004), Walter J. Kendall Iii Jan 2004

Reflections On Judicial Review And The Plight Of The Poor In A World Where Nothing Works, 37 J. Marshall L. Rev. 555 (2004), Walter J. Kendall Iii

UIC Law Review

No abstract provided.


Public Access To Juvenile Dependency Proceedings In Washington State: An Important Piece Of The Permanency Puzzle, Sara Vanmeter Jan 2004

Public Access To Juvenile Dependency Proceedings In Washington State: An Important Piece Of The Permanency Puzzle, Sara Vanmeter

Seattle University Law Review

This Comment argues that the Washington State legislature took an important step along the road to permanency for abused and neglected children in the state's care when it revised its Juvenile Court Act in 2003. This Act created the presumption that dependency proceedings are open to the public unless a judge determines that excluding the public is in the best interest of the child. This change in Washington state law represents one piece of the puzzle of reforms necessary to reach permanency goals for children in our child welfare system. Those states whose juvenile dependency hearings remainclosed should now consider …


A Law Librarian's Guide To Unpublished Judicial Opinions, Joseph L. Gerken Jan 2004

A Law Librarian's Guide To Unpublished Judicial Opinions, Joseph L. Gerken

Law Librarian Journal Articles

Mr. Gerken provides readers with an overview of the rules and practice related to the nonpublication of judicial decisions. Using a question-and-answer format, he offers a convenient reference source for librarians to consult when responding to patron inquiries about unpublished opinions. A selective annotated bibliography of articles on the subject is included.


Foreword, 37 J. Marshall L. Rev. 317 (2004), Samuel R. Olken Jan 2004

Foreword, 37 J. Marshall L. Rev. 317 (2004), Samuel R. Olken

UIC Law Review

No abstract provided.


The Province Of The Judiciary, 37 J. Marshall L. Rev. 325 (2004), William E. Nelson Jan 2004

The Province Of The Judiciary, 37 J. Marshall L. Rev. 325 (2004), William E. Nelson

UIC Law Review

No abstract provided.


The Secret Life Of The Political Question Doctrine, 37 J. Marshall L. Rev. 441 (2004), Louis Michael Seidman Jan 2004

The Secret Life Of The Political Question Doctrine, 37 J. Marshall L. Rev. 441 (2004), Louis Michael Seidman

UIC Law Review

No abstract provided.


The Ironies Of Marbury V. Madison And John Marshall's Judicial Statesmanship, 37 J. Marshall L. Rev. 391 (2004), Samuel R. Olken Jan 2004

The Ironies Of Marbury V. Madison And John Marshall's Judicial Statesmanship, 37 J. Marshall L. Rev. 391 (2004), Samuel R. Olken

UIC Law Review

No abstract provided.


Marbury V. Madison As The First Great Administrative Law Decision, 37 J. Marshall L. Rev. 481 (2004), Thomas W. Merrill Jan 2004

Marbury V. Madison As The First Great Administrative Law Decision, 37 J. Marshall L. Rev. 481 (2004), Thomas W. Merrill

UIC Law Review

No abstract provided.


Consular Absolutism: The Need For Judicial Review In The Adjudication Of Immigrant Visas For Permanent Residence, 37 J. Marshall L. Rev. 577 (2004), Maria Zas Jan 2004

Consular Absolutism: The Need For Judicial Review In The Adjudication Of Immigrant Visas For Permanent Residence, 37 J. Marshall L. Rev. 577 (2004), Maria Zas

UIC Law Review

No abstract provided.


Erisa: Re-Thinking Firestone In Light Of Great-West - Implications For Standard Of Review And The Right To A Jury Trial In Welfare Benefit Claims, 37 J. Marshall L. Rev. 629 (2004), Donald T. Bogan Jan 2004

Erisa: Re-Thinking Firestone In Light Of Great-West - Implications For Standard Of Review And The Right To A Jury Trial In Welfare Benefit Claims, 37 J. Marshall L. Rev. 629 (2004), Donald T. Bogan

UIC Law Review

No abstract provided.


The Cash Balance Plan: An Integral Component Of The Defined Benefit Plan Renaissance, 37 J. Marshall L. Rev. 753 (2004), Barry Kozak Jan 2004

The Cash Balance Plan: An Integral Component Of The Defined Benefit Plan Renaissance, 37 J. Marshall L. Rev. 753 (2004), Barry Kozak

UIC Law Review

No abstract provided.


The Boundary Of Personal Jurisdiction: The "Effects Test" And The Protection Of Crazy Horse's Name, 38 J. Marshall L. Rev. 381 (2004), Scott Fruehwald Jan 2004

The Boundary Of Personal Jurisdiction: The "Effects Test" And The Protection Of Crazy Horse's Name, 38 J. Marshall L. Rev. 381 (2004), Scott Fruehwald

UIC Law Review

No abstract provided.


Remaining Silent: A Right With Consequences, 38 J. Marshall L. Rev. 649 (2004), Jeffrey D. Waltuck Jan 2004

Remaining Silent: A Right With Consequences, 38 J. Marshall L. Rev. 649 (2004), Jeffrey D. Waltuck

UIC Law Review

No abstract provided.


When A Good Idea Is Poorly Implemented: How The International Criminal Court Fails To Be Insulated From International Politics And To Protect Basic Due Process Guarantees, Andrew J. Walker Jan 2004

When A Good Idea Is Poorly Implemented: How The International Criminal Court Fails To Be Insulated From International Politics And To Protect Basic Due Process Guarantees, Andrew J. Walker

West Virginia Law Review

No abstract provided.


The European Court Of Human Rights: A Success Story?, Leo F. Zwaak, Therese Cachia Jan 2004

The European Court Of Human Rights: A Success Story?, Leo F. Zwaak, Therese Cachia

Human Rights Brief

No abstract provided.


Unilateral Multilateralism: United States Policy Toward The International Criminal Court, Diane Orentlicher Jan 2004

Unilateral Multilateralism: United States Policy Toward The International Criminal Court, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Resisting Retreat: The Struggle For Equity In Educational Opportunity In The Post-Brown Era, Lia Epperson Jan 2004

Resisting Retreat: The Struggle For Equity In Educational Opportunity In The Post-Brown Era, Lia Epperson

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Inter-American System, Claudia Martin Jan 2004

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Will Employment Discrimination Class Actions Survive?, Melissa Hart Jan 2004

Will Employment Discrimination Class Actions Survive?, Melissa Hart

Publications

Recent years have witnessed increasing attacks on the appropriateness of certification of employment discrimination class action claims. The shift is often attributed to amendments to federal antidiscrimination laws in the Civil Rights Act of 1991. This paper argues, however, that the changes wrought by the 1991 amendments need not pose a barrier to resolution of employment discrimination claims through class litigation. The addition of compensatory and punitive damages and a jury-trial right may increase the level of scrutiny and perhaps the level of judicial involvement necessary in an employment discrimination class action. But they do not render such a class …


Proportionality Between Crimes, Offenses, And Punishments, James Headley Jan 2004

Proportionality Between Crimes, Offenses, And Punishments, James Headley

St. Thomas Law Review

Blackstone said of the Roman Empire, after it embraced unjust laws, "and then the Empire Fell. The United States Supreme Court embraces unjust laws and is inconsistent regarding substantive due process and proportionality in criminal cases, and substantive due process and proportionality in civil cases. The Due Process Clause and the Eighth Amendment's prohibition against cruel and unusual punishment require proportionality and fairness, meaning that the punishment must fit the crime, and that the penalty must be appropriate to the offense. Throughout a long history of jurisprudence, the Supreme Court has developed or embraced two varying theories of due process …


A Tournament Of Judges?, Stephen Choi, Mitu Gulati Jan 2004

A Tournament Of Judges?, Stephen Choi, Mitu Gulati

Faculty Scholarship

We suggest a Tournament of Judges where the reward to the winner is elevation to the Supreme Court. Politics (and ideology) surely has a role to play in the selection of justices. However, the present level of partisan bickering has resulted in delays in judicial appointments as well as undermined the public's confidence in the objectivity of justices selected through such a process. More significantly, much of the politicking is not transparent, often obscured with statements on a particular candidate's "merit"- casting a taint on all those who make their way through the judicial nomination process. We argue that the …