Courts Commons^™

First Argument In The United States Supreme Court, Talbot D'Alemberte

The Journal of Appellate Practice and Process

No abstract provided.

Preface, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.

Once Is Not Enough, Or How About Arguing Your First Two Supreme Court Cases Back To Back . . . And Losing?, Ian A. Macpherson

The Journal of Appellate Practice and Process

No abstract provided.

Advocacy Before The United States Supreme Court, Robert H. Jackson

The Journal of Appellate Practice and Process

No abstract provided.

First Argument Impressions Of The Supreme Court, Stuart M. Riback

The Journal of Appellate Practice and Process

No abstract provided.

A First Argument In The Tradition Of Many, Beth S. Brinkmann

The Journal of Appellate Practice and Process

No abstract provided.

Virginia's Capital Jurors, Stephen P. Garvey, Paul Marcus

Cornell Law Faculty Publications

Next to Texas, no state has executed more capital defendants than Virginia. Moreover, the likelihood of a death sentence actually being carried out is greater in Virginia than it is elsewhere, while the length of time between the imposition of a death sentence and its actual execution is shorter. Virginia has thus earned a reputation among members of the defense bar as being among the worst of the death penalty states. Yet insofar as these facts about Virginia's death penalty relate primarily to the behavior of state and federal appellate courts, they suggest that what makes Virginia's death penalty unique …

Lay Participation In Legal Decision Making: Introduction To Law & Policy Special Issue, Valerie P. Hans

Cornell Law Faculty Publications

United States scholarship on lay participation revolves around one predominant form of lay participation, the jury (Hans & Vidmar forthcoming 2004). However, in the legal systems of many countries, laypeople participate as decision makers in other ways. Laypersons serve as judges (Provine 1986), magistrates (Diamond 1993), and private prosecutors (Perez Gil 2003). Lay and law-trained judges may also decide cases together in mixed tribunals (Kutnjak Ivkovi6 2003; Machura 2003; Vidmar 2002). Although diverse in structure, these methods share with the jury a set of animating ideas about lay involvement in legal decision making.

Many of these ideas appear to be …

The Choice-Of-Law Revolution In The United States: Notes On Rereading Von Mehren, Gary J. Simson

Cornell Law Faculty Publications

No abstract provided.

Renvoi In Multinational Cases In New York Courts: Does Its Past Preclude Its Future?, Matthew Chait

Cardozo Journal of International and Comparative Law

The doctrine of renvoi, which requires courts to consider both the internal laws and conflict of laws rules of a foreign jurisdiction, has been a contentious issue in New York courts. While cases like In re Tallmadge rejected renvoi due to concerns of creating an endless cycle, In re Schneider embraced it, emphasizing the need to apply the whole law of the foreign jurisdiction. Modern approaches aim to integrate renvoi into interest analysis, focusing on practical applications to ascertain foreign interests accurately and promote reciprocity, while addressing concerns about sovereignty and forum shopping.

In Schultz We Trust: The Future Of Criminal Prosecution For Importers Of Illicit Cultural Property Under The National Stolen Property Act, Robert S. Schwartz

Cardozo Journal of International and Comparative Law

The National Stolen Property Act (NSPA) is a cornerstone in prosecuting individuals involved in the illegal trade of cultural property, though its effectiveness is constrained by the requirement that source countries nationalize ownership of their cultural heritage. The Cultural Property Implementation Act (CPIA), as the U.S. implementation of the 1970 UNESCO Convention, introduces a certification system and criminal penalties for document falsification, potentially overlapping with the NSPA. The interplay between these laws, particularly in cases like *United States v. McClain* and *United States v. Schultz*, shapes the future of criminal prosecutions in cultural property cases, emphasizing the need to address …

I'M Innocent: Addressing Freestanding Claims Of Actual Innocence In State And Federal Courts, Eli Paul Mazur

North Carolina Central Law Review

No abstract provided.

Rethinking Judicial Elections, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.

Law Between The Lines, Thomas L. Fowler

Campbell Law Review

This article takes the position that the law can be found between the lines of appellate opinions. Several North Carolina cases admit to sub silentio overrulings, and one court of appeals case explicitly found error when a trial court did not find that a case had been overruled sub silentio. Additionally, North Carolina appellate courts regularly avoid explicitly detailing the impact an opinion has on the precedential value of an earlier case, and instead invite the lower courts to make that determination for themselves.

A Six-Three Rule: Reviving Consensus And Deference On The Supreme Court, Jed Handelsman Shugerman

Faculty Scholarship

Over the past three decades, the Supreme Court has struck down federal statutes by a bare majority with unprecedented frequency. This Article shows that five-four decisions regularly overturning acts of Congress are a relatively recent phenomenon, whereas earlier Courts generally exercised judicial review by supermajority voting.

One option is to establish the following rule: The Supreme Court may not declare an act of Congress unconstitutional without a two-thirds majority. The Supreme Court itself could establish this rule internally, just as it has created its nonmajority rules for granting certiorari and holds, or one Justice who would otherwise be the fifth …

The Federal Court System: A Principal-Agent Perspective, Tracey E. George, Albert H. Yoon

Vanderbilt Law School Faculty Publications

Professor Merrill ably demonstrates that Supreme Court decisions should be examined as the product of an inherently political institution. Observers who assert that Justices are best understood as prophets of the law are practicing an intellectual sleight of hand that allows them to ignore the non­ doctrinal factors that affect judicial behavior. Such an effort is understandable. The Court is a much more complicated subject if its rulings reflect nonlegal factors as well as legal ones. The desire, however, to ignore the true character of the Court produces accounts of its behavior that are inadequate, incorrect, or wholly without content. …

Congress And The Making Of The Second Rehnquist Court, Neal Devins

Faculty Publications

No abstract provided.

On The Road: The Supreme Court And The History Of Circuit Riding, Joshua Glick

Cardozo Law Review

No abstract provided.

Mass Torts: Lessons In Competing Strategies And Unintended Consequences, Paula Hannaford-Agor, G. Thomas Munsterman, Barbara Kelly

Popular Media

Most of the existing problems associated with the management of mass tort litigation are the result of fundamentally incompatible strategies that plaintiffs’ lawyers, defense lawyers, and state and federal judges have each adopted over time to deal with the logistics of resolving hundreds, even thousands, of similar cases filed in state and federal courts. Indeed, competing strategies can be found not only between the various players in litigation, but even within subgroups of players. Described in this article are the various strategies employed by different players and the consequences when those strategies have succeeded.

Criminalization Of People With Mental Illnesses: The Role Of Mental Health Courts In System Reform, Robert Bernstein, Tammy Seltzer

University of the District of Columbia Law Review

No abstract provided.

Threats Made, Threats Posed School And Judicial Analysis In Need Of Redirection, Sarah E. Redfield

Brigham Young University Education and Law Journal

No abstract provided.

Special Juries: Deterring Spurious Medical Malpractice Litigation In State Courts, Alan Feigenbaum

Cardozo Law Review

No abstract provided.

Advisory Juries And Their Use And Misuse In Federal Tort Claims Act Cases, Matthew L. Zabel

BYU Law Review

No abstract provided.

Intervening In The Case (Or Controversy): Article Iii Standing, Rule 24 Intervention, And The Conflict In The Federal Courts, Tyler R. Stradling, Doyle S. Byers

BYU Law Review

No abstract provided.

The Replacement Dilemma: An Argument For Eliminating A Non-Class Replacement Requirement In The Prima Facie Stage Of Title Vii Individual Disparate Treatment Discrimination Claims, Marla Swartz

Michigan Law Review

Although manifestations of discrimination in the workplace have changed greatly over time, employment discrimination continues to be a tremendous problem in society. By enacting Title VII of the Civil Rights Act of 1964 ("Title VII"), Congress shielded employees from arbitrary adverse employment actions arising from discrimination related to race, color, religion, sex, or national origin. Three years later, Congress passed the Age Discrimination in Employment Act ("ADEA"), guaranteeing the same protections against discrimination based on age.4 Finally, the Americans with Disabilities Act ("ADA"), passed in 1990, prohibited discrimination based on personal disability. Ten years after Congress enacted the Civil Rights …

Ub Viewpoint – Creation Of A Caring Justice System, Barbara A. Babb

All Faculty Scholarship

No abstract provided.

Introduction To The Jury At A Crossroad: The American Experience (Symposium Editor), Nancy S. Marder

All Faculty Scholarship

No abstract provided.

Reply: The Institutional Dimension Of Statutory And Constitutional Interpretation, Richard A. Posner

Michigan Law Review

Cass Sunstein and Adrian Vermeule argue in Interpretation and lnstitutions that judicial interpretation of statutes and constitutions should take account both of the institutional framework within which interpretation takes place and of the consequences of different styles of interpretation; they further argue that this point has been neglected by previous scholars. The first half of the thesis is correct but obvious; the second half, which the authors state in terms emphatic to the point of being immodest, is incorrect. Moreover, the authors offer no feasible suggestions for how the relation between interpretation and the institutional framework might be studied better …

Interpretation And Institutions, Cass R. Sunstein, Adrian Vermeule

Michigan Law Review

Suppose that a statute, enacted several decades ago, bans the introduction of any color additive in food if that additive "causes cancer" in human beings or animals. Suppose that new technologies, able to detect low-level carcinogens, have shown that many potential additives cause cancer, even though the statistical risk is often tiny - akin to the risk of eating two peanuts with governmentally-permitted levels of aflatoxins. Suppose, finally, that a company seeks to introduce a certain color additive into food, acknowledging that the additive causes cancer, but urging that the risk is infinitesimal, and that if the statutory barrier were …

Interpretive Theory In Its Infancy: A Reply To Posner, Cass R. Sunstein, Adrien Vermeule

Michigan Law Review

In law, problems of interpretation can be explored at different levels of generality. At the most specific level, people might urge that the Equal Protection Clause forbids affirmative action, or that the Food and Drug Act applies to tobacco products. At a higher level of generality, people might argue that the Equal Protection Clause should be interpreted in accordance with the original understanding of its ratifiers, or that the meaning of the Food and Drug Act should be settled with careful attention to its legislative history. At a still higher level of generality, people might identify the considerations that bear …