Courts Commons^™

Thermal Imaging And The Fourth Amendment: The Role Of The Katz Test In The Aftermath Of Kyllo V. United States, Gregory Gomez

NYLS Law Review

No abstract provided.

Book Review, David S. Tanenhaus

Scholarly Works

This concise book explores the origins and early history of the Cook County Juvenile Court, the world’s first such court. The court, which opened on July 3, 1899, in Chicago, reflected its founders’ profound faith both in science to solve social problems and the power of the state to provide for the best interests of its children. Yet, as Getis argues, the juvenile court did not live up to its initial promise, and “instead of a place of experimentation and reform—which it could have been—or a place of individualized justice guided by science—perhaps an unattainable goal—the court became an institution …

How Much Do We Really Know About Race And Juries? A Review Of Social Science Theory And Research, Samuel R. Sommers, Phoebe C. Ellsworth

Articles

The past decade has witnessed numerous high-profile criminal trials in which controversial verdicts have been attributed to racethe race of the defendant, the racial composition of a jury, an attorney "playing the race card," and so on. A predominantly Black jury's acquittal of O.J. Simpson and White jurors' leniency in the police brutality cases of Rodney King and Amadou Diallo not only sparked public debate, but also led to rioting and violence. In the wake of trials such as these, many have questioned the viability of the American jury system.' More specific questions regarding the influence of race on jury …

Civil Procedure: Class Certification And The Predominance Requirement Under Oklahoma Section 2023(B)(3), Steven S. Gensler

Faculty Articles

No abstract provided.

The Law Is Straight And Narrow, How American Courts Define Families, Elisa Laird

Cardozo Journal of Equal Rights & Social Justice

The article argues that American law is inherently biased toward traditional heterosexual family structures, creating significant barriers for same-sex couples and non-traditional families seeking legal recognition and rights. The legal system's "straight and narrow" framework often excludes these families from accessing benefits and protections granted to heterosexual families, reflecting deeply entrenched religious and historical influences.

Which Wave Are You? Comments On The Collected Essays From The Seminar "To Do Feminist Legal Theory", Deborah W. Post

Cardozo Journal of Equal Rights & Social Justice

The article discusses the challenges and opportunities in teaching feminist legal theory to law students, particularly those who may be entering formal education later in life. It highlights the importance of engaging students through innovative teaching methods and fostering critical thinking skills. The author reflects on their own teaching strategies, including the use of Socratic methods and the integration of feminist sensibilities, while acknowledging the risks and criticisms associated with these approaches. The central argument emphasizes the need for a restorative and redistributive vision of justice in legal education.

What Does It Mean To Remain Silent?, Alexis Reed

Public Interest Law Reporter

No abstract provided.

Pictures At A Global Exhibition, Noah Leavitt

Michigan Journal of International Law

Review of We are the Poors by Ashwin Desai and In America's Court: How a Civil Lawyer Who Likes to Settle Stumbled Into a Criminal Trial by Thomas Geoghegan

Wrongful Convictions And The Accuracy Of The Criminal Justice System, H. Patrick Furman

Publications

No abstract provided.

Goldwasser, The Telecom Act, And Reflections On Antitrust Remedies, Philip J. Weiser

Publications

No abstract provided.

Protecting The Constitution From The People: Juricentric Restrictions On Section Five Power, Robert C. Post, Reva B. Siegel

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.

Federalism And The Public Good: The True Story Behind The Religious Land Use And Institutionalized Persons Act, Marci A. Hamilton

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.

Appellate Jurisdiction In Ohio Over Final Appealable Orders , Gary L. Garrison

Cleveland State Law Review

This article focuses on the rules for determining finality and appealability of judgments under section 2505.02 and Ohio R. Civ. P. 54(B). To that end, this article addresses not only the various categories of "final orders" but also the procedural mechanisms by which interlocutory appeals are taken from judgments on one part of a case while the rest of the case remains pending. The objective of this article is two-fold. First and foremost, it provides a resource and guide to appellate practitioners and trial court judges for understanding the "final order rule" and for navigating its various provisions in the …

In Praise Of The Rule Of Law, The Role Of Judges, And The Right To Shop, Nadine Strossen

NYLS Law Review

No abstract provided.

Jon O. Newman And The Abortion Decisions: A Remarkable First Year, Andrew D. Hurwitz

NYLS Law Review

No abstract provided.

Jon Newman’S Theory Of Disparagement And The First Amendment In The Administrative State, Edward L. Rubin

NYLS Law Review

No abstract provided.

The Role Of Workplace Culture Evidence In Hostile Workplace Environment Sexual Harassment Litigation: Does Title Vii Mean New Management Or Just Business As Usual?, Christopher Massaro

NYLS Law Review

No abstract provided.

The Shape Of The Universe: The Impact Of Unpublished Opinions On The Process Of Legal Research, William R. Mills

NYLS Law Review

No abstract provided.

American Servicemembers' Protection Act Of 2002, Lilian V. Faulhaber

Georgetown Law Faculty Publications and Other Works

On July 1, 2002, the Rome Statute of the International Criminal Court ("ICC") entered into force, establishing the first permanent international criminal tribunal. Although seventy-six countries had ratified the Rome Statute by that date, the United States was not among them. Instead, Congress responded to the creation of the ICC by passing a bill sponsored by House Majority Whip Tom DeLay (R-Tex.) that Republican legislators had been trying to get through the House and Senate for several years. On August 2, 2002, the American Servicemembers' Protection Act of 2002 ("ASPA") became law. The Act was designed to prevent United States …

"Sir, Yes, Sir!": The Courts, Congress And Structural Injunctions, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

This is a deeply confused book. Not that the authors' stance is unclear: They have seen federal courts in action, and they don't like what they see. Their subject is federal judicial supervision of state and local governments through injunctive decrees. The authors' position wouldn't be confused - or at least would be confused in a different way - if they dealt with injunctive decrees aimed at enforcing what the judges took to be constitutional requirements. In such cases there's at least something coherent that can be said about judges displacing democratic decision-making. Sandler and Schoenbrod, though, don't deal with …

Remarks Of Seth P. Waxman At The Memorial Observance For Justice Byron R. White, United States Supreme Court, Seth P. Waxman

Georgetown Law Faculty Publications and Other Works

Members of the Court, members of the family, and friends of Justice White- Alone among today's speakers, I met Justice White only late in his life. Growing up in the law, my relationship with him was the one many kids today have with Michael Jordan - I wanted to be "like White" -like the kind of man he was. I still have that aspiration. Like Byron White, I served in the Department of Justice and was altered forever by that honorable institution. And - like Justice White, in my own lesser way, I strove within the walls of this institution …

Responding To Developments In Economics And The Courts: Entry In The Merger Guidelines, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Research On Self-Represented Litigation: Preliminary Results And Methodological Considerations, Paula Hannaford-Agor, Nicole Mott

Faculty Publications

As various programs for self-represented litigants proliferate and costs increase, fund­ing agencies are beginning to demand that programs demonstrate their effectiveness through empirical evaluation. This article recounts some of the lessons learned from a National Center for State Courts' research project on improving access to justice for self-represented litigants. First, the article briefly describes the problems faced by courts as a result of the influx of self-represented litigants. The article then describes automated case-level data and litigant self-reported data from five jurisdictions and some preliminary findings. We conclude with a discussion of problems that we encoun­tered in analyzing those data.

Advancing U.S. Interests With The International Criminal Court, David J. Scheffer

Vanderbilt Journal of Transnational Law

It is a great pleasure to be here in this beautiful lecture hall at Vanderbilt University Law School and to have the opportunity to speak to you this afternoon about the International Criminal Court (ICC). In recent months, one newspaper or magazine article after another, in examining the foreign policy of the current administration and the gulf (which seems to be so pronounced now) between the United States and even its closest allies throughout the rest of the world, has listed a basic set of treaties as being partly explanatory of that gulf. The Kyoto Protocol, for example, is always …

The Ftaia And Subject Matter Jurisdiction Over Foreign Transactions Under The Antitrust Laws: The New Frontier In Antitrust Litigation, Edward D. Cavanagh

Faculty Publications

(Excerpt)

The aggressive antitrust enforcement activities by the United States Department of Justice Antitrust Division against international cartels in the last decade, coupled with the increasingly global character of commercial markets, have spawned significant private antitrust treble damages litigation in American courts by foreign plaintiffs. Not surprisingly, the jurisdictional reach of the Sherman Act has been a threshold issue in these cases. While jurisdictional questions are not new to American courts, this latest round of antitrust cases has posed novel issues of subject matter jurisdiction, including the extent to which foreign plaintiffs claiming antitrust damages based on foreign transactions may …

Musical Courts: Plaintiff Picks A Court But Can Defendant Trump The Choice? An Analysis Of Breuer V. Jim's Concrete Of Brevard, Inc., Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Brewer v. Jim's Concrete of Brevard, 538 U.S. 691 (2003). The author expected the Court to address the issue of whether the language of the Fair Labor Standards Act providing that "an action . . . may be maintained in any federal or state court" constitutes an express provision prohibiting removal to federal court when the plaintiff has chosen to maintain its lawsuit in state court.

The Evolution Of The United Nations Position On Terrorism: From Exempting National Liberation Movements To Criminalizing Terrorism Wherever And By Whomever Committed, Malvina Halberstam

Articles

No abstract provided.

Introductory Note To U.S. Court Of Appeals For The District Of Columbia Circuit: Nemariam, Et. Al. V. Ethiopia, Roger P. Alford

Journal Articles

Nemariam v. Ethiopia is one of the most important United States decisions to date addressing whether an international tribunal may be an adequate forum for purposes of dismissing pending litigation based on forum non conveniens. The decision essentially suggests that diplomatic espousal claims before international tribunals can never afford claimants an adequate forum justifying dismissal based on forum non conveniens absent some guarantee of individual relief for meritorious claims.

Stare Decisis And Due Process, Amy Coney Barrett

Journal Articles

In this Article, I argue that the preclusive effect of precedent raises due-process concerns, and, on occasion, slides into unconstitutionality. The Due Process Clause requires that a court give a person notice and an opportunity for a hearing before depriving her of life, liberty or property. Because of this requirement, courts have held in the context of issue preclusion that as a general rule, judicial determinations can bind only parties. The preclusion literature asserts that this parties only requirement does not apply to stare decisis because stare decisis, in contrast to issue preclusion, is a flexible doctrine. Yet stare decisis …

Rationalizing The Commission: The Philosophical Premises Of The U.S. Sentencing Guidelines, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.