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Full-Text Articles in Courts

Envisioning A Global Legal Culture, Charles H. Koch Jr. Jan 2003

Envisioning A Global Legal Culture, Charles H. Koch Jr.

Michigan Journal of International Law

To encourage all, but particularly U.S., lawyers to think about transformation of the law, this Article will envision a global legal regime. The purpose is more reflective than predictive. Nominally, the Article has three parts. The first Part offers an overview description of the emerging supranational legal institutions and the major forces moving them. The next Part will outline civil law legal concepts and provide background for common law readers. To further the goal of this Article, it will do so as it suggests some issues that will arise as the civil law system is incorporated into the global legal …

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Can The U.S. Courts Learn From Failed Terrorist Trials By Military Commission In Turkey And Peru?, Richard Wilson Jan 2003

Can The U.S. Courts Learn From Failed Terrorist Trials By Military Commission In Turkey And Peru?, Richard Wilson

Human Rights Brief

No abstract provided.

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Inter-American System, Claudia Martin Jan 2003

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Tax Stories And Tax Histories: Is There A Role For History In Shaping Tax Law?, Reuven S. Avi-Yonah Jan 2003

Tax Stories And Tax Histories: Is There A Role For History In Shaping Tax Law?, Reuven S. Avi-Yonah

Reviews

The teaching of law is usually rather ahistorical. Teachers commonly focus on current doctrine and policy debates, discarding on the "garbage pile of history" any law that has been repealed or superseded. And yet, much of law teaching is still based on reading cases. And cases are by definition historical artifacts - they arise from a specific time and place, and reflect a frequently long-gone historical context. Thus, it is hard to imagine a modern law course completely devoid of history, even if the history gets short shrift. A constitutional law course, for example, will likely include some discussion of …

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From Presumed Fathers To Lesbian Mothers: Sex Discrimination And The Legal Construction Of Parenthood, Susan E. Dalton Jan 2003

From Presumed Fathers To Lesbian Mothers: Sex Discrimination And The Legal Construction Of Parenthood, Susan E. Dalton

Michigan Journal of Gender & Law

In Part I of this article, Dalton briefly reviews the way legal scholars commonly define sex-based discrimination, particularly as it pertains to issues of reproduction. Part II is a brief historical review of legal constructions of parenthood. In Part III, Dalton examines two legal concepts: retroactive legitimation and presumed fatherhood. Both concepts were introduced in 1872 and each independently encouraged judges to think of fatherhood as consisting of two distinct spheres, the biological and the social. She then traces the legal development of these concepts through a series of presumed father, retroactive legitimation, and putative father cases. In Part IV …

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Compliance With Icj Provisional Measure And The Meaning Of Review And Reconsideration Under The Vienna Convention On Consular Relations: Avena And Other Mexican Nationals (Mex. V. U.S.), Linda E. Carter Jan 2003

Compliance With Icj Provisional Measure And The Meaning Of Review And Reconsideration Under The Vienna Convention On Consular Relations: Avena And Other Mexican Nationals (Mex. V. U.S.), Linda E. Carter

Michigan Journal of International Law

Many aspects of the Avena case could lead to significant developments, there are two that will be addressed in this essay. The first issue has an immediate impact on the pending executions. What must the United States do to comply with the provisional measures order? What are "all measures necessary"? The second issue will have an impact in later litigation in the cases of the fifty-two Mexican defendants named in Avena and on other future defendants. What must the United States do to provide "review and reconsideration of the conviction and sentence by taking account of the violation of the …

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The Discreet Charm Of The Mixed Jury: The Epistemology Of Jury Selection And The Perils Of Post-Modernism, Peter J. Richards Jan 2003

The Discreet Charm Of The Mixed Jury: The Epistemology Of Jury Selection And The Perils Of Post-Modernism, Peter J. Richards

Seattle University Law Review

The first section of this Article will introduce the dynamics of the relationship between two competing visions of impartiality as it has played out in the opinions of federal and state courts, including secondary sources. I call the two approaches "modernist" and "post- modernist" and examine the arguments that have sought to broaden the scope of the fair cross-section requirement in the name of the latter view, a perspective similar to that motivating the district judge in the Crown Heights case. Part II identifies the Supreme Court's opening gestures in the direction of the "post-modernist" model. Part III carries the …

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A Three-Dimensional Model For The Use Of Expert Psychiatric And Psychological Evidence In False Confession Defenses Before The Trier Of Fact, Major Joshua E. Kastenberg Jan 2003

A Three-Dimensional Model For The Use Of Expert Psychiatric And Psychological Evidence In False Confession Defenses Before The Trier Of Fact, Major Joshua E. Kastenberg

Seattle University Law Review

Part I of this Article delineates a defendant's right to present voluntariness and credibility evidence against his or her confession. This section analyzes the basic constitutional framework of how a defendant can present this evidence and describes the traditional safeguards against false confessions. This background information provides a context for the overarching issue of expert testimony admissibility. Part II provides a basic understanding of differences between the psychiatric (medical model) and psychological (social model) approach to false confessions. It then examines the types of false confession defenses used by defendants and the interrogation techniques challenged by defendants. Part III reviews …

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Winning The Battle While Losing The War: Ramifications Of The Foreign Intelligence Surveillance Court Of Review's First Decision, Stephanie Kornblum Jan 2003

Winning The Battle While Losing The War: Ramifications Of The Foreign Intelligence Surveillance Court Of Review's First Decision, Stephanie Kornblum

Seattle University Law Review

This Note will outline the history preceding the passage of FISA, including a discussion of the cases from which the "primary purpose test" arose. The Note will then explore the language of the FISA statute, and the U.S. Circuit Courts of Appeals' continuing reliance on the "primary purpose" test in the analysis of cases decided following the passage of FISA. Following a discussion of the historic FISC and FISA Review Court opinions in Parts III and IV, including an articulation of the Patriot Act amendments to FISA, Part V of the Note will focus on the ramifications of the Review …

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Judicial Independence In Family Courts, Barbara A. Babb, Judith D. Moran Jan 2003

Judicial Independence In Family Courts, Barbara A. Babb, Judith D. Moran

All Faculty Scholarship

No abstract provided.

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Modeling Supreme Court Strategic Decision Making: The Congressional Constraint, Barak D. Richman, Mario Bergara, Pablo T. Spiller Jan 2003

Modeling Supreme Court Strategic Decision Making: The Congressional Constraint, Barak D. Richman, Mario Bergara, Pablo T. Spiller

Faculty Scholarship

This paper addresses the contradictory results obtained by Segal (1997) and Spiller and Gely (1992) concerning the impact of institutional constraints on the U.S. Supreme Court's decision making. By adapting the Spiller and Gely maximum likelihood model to the Segal dataset, we find support for the hypothesis that the Court adjusts its decisions to presidential and congressional preferences. Data from 1947 to 1992 indicate that the average probability of the Court being constrained has been approximately one-third. Further, we show that the results obtained by Segal are the product of biases introduced by a misspecified econometric model. We also discuss …

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Intellectual Property Law Decisions Of The Seventh Circuit, 36 J. Marshall L. Rev. 857 (2003), Molly Mosley-Goren Jan 2003

Intellectual Property Law Decisions Of The Seventh Circuit, 36 J. Marshall L. Rev. 857 (2003), Molly Mosley-Goren

UIC Law Review

No abstract provided.

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A Search For Clarity And Consistency In Judicial Process: The Maryland Court Of Appeals Decides Whether To Change Common-Law Rules, C. Christopher Brown Jan 2003

A Search For Clarity And Consistency In Judicial Process: The Maryland Court Of Appeals Decides Whether To Change Common-Law Rules, C. Christopher Brown

Maryland Law Review

No abstract provided.

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The Dormant Commerce Clause And The Hormones Problem, Donald H. Regan Jan 2003

The Dormant Commerce Clause And The Hormones Problem, Donald H. Regan

Book Chapters

It is obvious that no anti-discrimination regime can stop at forbidding explicit discrimination of the relevant sort. If only explicit discrimination is forbidden, lawmakers who want to discriminate can hide their discriminatory intentions behind facially neutral classifications that are nonetheless chosen because they differentially burden the protected class. So, we must be prepared to invalidate some facially neutral laws that have "discriminatory effect" or, as American lawyers often call it, "disparate impact." On the other hand, we cannot possibly invalidate all laws which have a disparate impact on a protected class; many perfectly reasonable laws adopted for completely innocent purposes …

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Democracy, Judicial Review And The Rule Of Law In The Age Of Terrorism: The Experience Of Israel - A Comparative Perspective, 31 Ga. J. Int'l & Comp. L. 493 (2003), Ralph Ruebner Jan 2003

Democracy, Judicial Review And The Rule Of Law In The Age Of Terrorism: The Experience Of Israel - A Comparative Perspective, 31 Ga. J. Int'l & Comp. L. 493 (2003), Ralph Ruebner

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Diversity Class Actions, Common Relief, And The Rule Of Individual Valuation, Steven S. Gensler Jan 2003

Diversity Class Actions, Common Relief, And The Rule Of Individual Valuation, Steven S. Gensler

Faculty Articles

No abstract provided.

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Social Reform For Kentucky's Judicial System: The Creation Of Unified Family Courts, Erin J. May Jan 2003

Social Reform For Kentucky's Judicial System: The Creation Of Unified Family Courts, Erin J. May

Kentucky Law Journal

No abstract provided.

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Abandoning The Pia Standard: A Comment On Gila V, Galen Lemei Jan 2003

Abandoning The Pia Standard: A Comment On Gila V, Galen Lemei

Michigan Journal of Race and Law

Part I of this Note examines the development of Indian reserved water rights, and the practicably irrigable acreage method of quantifying those rights, as defined by the Court. Part II describes the arguments of state and private interests that oppose broad Indian water rights. Part III discusses Gila V, including the Arizona Supreme Court's rationale for abandoning the standard set forth by the U.S. Supreme Court and the standard for quantifying Indian reserved rights that the court applied in its place. Part IV analyzes the Arizona Supreme Court's justifications for abandoning the standard, and considers alternate grounds for the …

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Voting And Electoral Politics In The Wisconsin Supreme Court, Jason J. Czarnezki Jan 2003

Voting And Electoral Politics In The Wisconsin Supreme Court, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

This Article examines criminal cases decided by the Wisconsin Supreme Court over a fifteen-year period in an effort to discern whether judicial elections undercut judicial independence by affecting the ways justices vote. Wisconsin was chosen for this study because the state's mix of appointed and elected judges allows a researcher to control for different judicial selection systems. Specifically, this Article questions whether voting patterns may be affected by a justice's proximity to judicial elections, election margins, and whether a justice was appointed or elected in the initial term, since the governor may appoint a justice to fill a vacancy on …

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Assessing Clashes And Interplays Of Regines From A Distributive Perspective: Ip Rights Under The Strengthened Embargo Against Cuba And The Agreement On Trips, Robert Dufresne Jan 2003

Assessing Clashes And Interplays Of Regines From A Distributive Perspective: Ip Rights Under The Strengthened Embargo Against Cuba And The Agreement On Trips, Robert Dufresne

Michigan Journal of International Law

This Article examines the clash of the two regulatory frameworks from the angle of distributive justice. By doing so, I suggest that in addition to the important issues of legitimacy, substantive norms, and hierarchy of legal orders, clashes between potential regulatory frameworks should also be conceptualized in the way in which they allocate goods (here the rights associated with IP) or recognize claims to or interests in such goods. The reasons for being concerned with distributive justice are threefold.

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The Creativity Of The Common-Law Judge: The Jurisprudence Of William Mitchell, Charles J. Reid Jr. Jan 2003

The Creativity Of The Common-Law Judge: The Jurisprudence Of William Mitchell, Charles J. Reid Jr.

William Mitchell Law Review

Mitchell's presence graced the Minnesota Supreme Court for nearly nineteen years, from 1881 to 1900. His output was prodigious. He produced nearly 1600 judicial opinions. It has been estimated “that excluding Sundays, and allowing a month in each year for vacation, Judge Mitchell wrote one opinion in every three days for nineteen years.” Indeed, “[i]n point of numbers, his opinions exceed those of any other justice of the Supreme Court of his state, or the nation.” It is one aspect, perhaps the central aspect, the unifying theme of this prolific body of work, that is the focus of this essay: …

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Foreword, Sam Hanson Jan 2003

Foreword, Sam Hanson

William Mitchell Law Review

Introduction to issue of Recent Decisions of the Minnesota Supreme Court (from 2002-03 term).

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Alarmism Versus Moderation In Responding To The Rehnquist Court, Mark Tushnet Jan 2003

Alarmism Versus Moderation In Responding To The Rehnquist Court, Mark Tushnet

Indiana Law Journal

Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.

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Electing The Supreme Court, Barry Friedman, Anna Harvey Jan 2003

Electing The Supreme Court, Barry Friedman, Anna Harvey

Indiana Law Journal

Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.

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Environmental Law, Congress, And The Court's New Federalism Doctrine, Christopher H. Schroeder Jan 2003

Environmental Law, Congress, And The Court's New Federalism Doctrine, Christopher H. Schroeder

Indiana Law Journal

Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.

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Congruence And Proportionality For Congressional Enforcement Powers: Cosmetic Change Or Velvet Revolution?, Elisabeth Zoller Jan 2003

Congruence And Proportionality For Congressional Enforcement Powers: Cosmetic Change Or Velvet Revolution?, Elisabeth Zoller

Indiana Law Journal

Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.

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Augustus Van Wyck (1850-1922), Janet Butler Munch Jan 2003

Augustus Van Wyck (1850-1922), Janet Butler Munch

Publications and Research

Augustus Van Wyck (1850-1922) was a judge and NY gubernatorial candidate.

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Citations To Authority By The Arkansas Appellate Courts, 1950-2000, A. Michael Beaird Jan 2003

Citations To Authority By The Arkansas Appellate Courts, 1950-2000, A. Michael Beaird

University of Arkansas at Little Rock Law Review

No abstract provided.

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Due Process And Problem Solving Courts, Eric Lane Jan 2003

Due Process And Problem Solving Courts, Eric Lane

Fordham Urban Law Journal

This article addresses the model of the problem-solving courts, beginning with the 1989 Dade County, Florida drug court and the role of the pro-active problem solving judge as presented by Judge Lederman of the Dade County drug court. The article reviews the role of the pro-active problem-solving judge in light of the defendants due process rights. After reviewing several case studies, transcripts, and literature on the issue, the article concludes that problem-solving judging and lawyering need not be in conflict with due process standards.

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Theorizing Community Justice Through Community Courts, Jeffrey Fagan, Victoria Malkin Jan 2003

Theorizing Community Justice Through Community Courts, Jeffrey Fagan, Victoria Malkin

Fordham Urban Law Journal

This article reports on research conducted on the Red Hook Community Justice Center in Brooklyn, New York. It theorizes the structure and process of community justice, focusing on the model offered by community courts and examining how the Red Hook Community Justice Center's development and implementation are products of its immersion in the intersection of societal, spatial, and political dynamic within the Red Hook neighborhood. The article begins by reviewing the sociological perspectives that converge in the historical development of "community justice." It continues by setting forth a framework of social regulation and control that shapes the internal workings of …

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