Courts Commons^™

Come Back To The Nickel And Five:* Tracing The Warren Court's Pursuit Of Equal Justice Under Law, Jim Chen

Washington and Lee Law Review

No abstract provided.

The Warren Court, Criminal Procedure Reform, And Retributive Punishment, Darryl K. Brown

Washington and Lee Law Review

No abstract provided.

Irreparability Resurrected?: Does A Recalibrated Irreparable Injury Rule Threaten The Warren Court's Establishment Clause Legacy?, Doug Rendleman

Washington and Lee Law Review

No abstract provided.

How The Supreme Court Delivers Fire And Ice To State Criminal Justice, Ronald F. Wright

Washington and Lee Law Review

No abstract provided.

The Rehnquist Court, Structural Due Process, And Semisubstantive Constitutional Review, Dan T. Coenen

Scholarly Works

Semisubstantive review, as I use that label, entails four key features. First, the subject matter of judicial inquiry is not the process applied in adjudicating a discrete dispute; rather, the matter at hand is the constitutionality of a statute or other generalized expression of legal policy. Second, some procedural omission by the lawmaker -- rather than an incurably substantive flaw in the end product of its work -- lays the groundwork for a judicial intervention that invalidates the challenged rule or negates how that rule otherwise would operate. It may be, for example, that a federal statute read as a …

Are Hung Juries A Problem?, Paula Hannaford-Agor, Valerie P. Hans, Nicole L. Mott, G. Thomas Munsterman

Faculty Publications

Providing an empirical picture of hung juries was the principal objective for this 4-year study by the National Center for State Courts (NCSC) with funding by the National Institute of Justice (NIJ). The research methodology was envisioned as a two-phase process. In the first phase, the NCSC proposed to conduct a broad-based survey of hung jury rates in state and federal courts while the second phase consisted of an in-depth examination of jury behavior in 10 jurisdictions to compare case and jury characteristics in felony trials that result in a verdict to those that result in jury deadlock. The types …

No Longer Safe At Home: Preventing The Misuse Of Federal Common Law Of Foreign Relations As A Defense Tactic In Private Transnational Litigation, Lumen N. Mulligan

Faculty Works

No abstract provided.

Uncertain Risk: The United States Military And The International Criminal Court, Christopher M. Van De Kieft

Cardozo Law Review

No abstract provided.

Productive Silence On Carl Schmitt: Constrained Ignorance Or Concluded Reappraisal? A Reply To Detlev F. Vagts, Carl Schmitt In Context: Reflections On A Symposium, Emanuel Richter

Cardozo Law Review

No abstract provided.

The Linguist On The Witness Stand: Forensic Linguistics In American Courts, Lawrence Solan, Peter Tiersma

Faculty Scholarship

No abstract provided.

Marbury Ascendant: The Rehnquist Court And The Power To "Say What The Law Is", Timothy Zick

Washington and Lee Law Review

No abstract provided.

Judicial Minimalism And The National Dialogue On Immigration: The Constitutional Avoidance Doctrine In Zadvydas V. Davis, Sanford G. Hooper

Washington and Lee Law Review

No abstract provided.

Proposed Amendments To Fed. R. Crim. P. 26: An Exchange: Remote Testimony - A Prosecutor's Perspective, Lynn Helland

University of Michigan Journal of Law Reform

Although the Supreme Court has declined, for now, to endorse the Judicial Conference proposal to add a Rule 26(b) of the Federal Rules of Criminal Procedure to permit live video testimony under limited circumstances, I agree with Professor Friedman that the matter is far from over. This is both because the potential benefits to be realized from the use of remote video testimony are too large to ignore and because, on closer inspection, any Confrontation Clause concerns that might underlie the Court's hesitation to adopt the proposal are not warranted. My purpose in writing is to summarize some of the …

The Digital Divide And Courtroom Technology: Can David Keep Up With Goliath?, Michael E. Heintz

Federal Communications Law Journal

The federal judiciary recently embraced the technological revolution. Select courts are now equipped with state-of-the-art technology to aid in trial presentations. Before the judiciary made the improvements, litigants had to keep pace with the technological advancements themselves, often at a great cost. One might think that the recent technological improvements made to federal courtrooms would have widened the gap between large and small firms where the available resources are vastly different, but that is not the case. In fact, the installation of new technology into courtrooms serves to equalize what would otherwise be a "digital divide."

Part II of this …

Do Attorneys Really Matter? The Empirical And Legal Case For The Right Of Counsel At Bail, Douglas L. Colbert, Ray Paternoster, Shawn Bushway

Cardozo Law Review

No abstract provided.

How Is Constitutional Law Made?, Tracey E. George, Robert J. Pushaw Jr.

Michigan Law Review

Bismarck famously remarked: "Laws are like sausages. It's better not to see them being made." This witticism applies with peculiar force to constitutional law. Judges and commentators examine the sausage (the Supreme Court's doctrine), but ignore the messy details of its production. Maxwell Stearns has demonstrated, with brilliant originality, that the Court fashions constitutional law through process-based rules of decision such as outcome voting, stare decisis, and justiciability. Employing "social choice" economic theory, Professor Stearns argues that the Court, like all multimember decisionmaking bodies, strives to formulate rules that promote both rationality and fairness (p. 4). Viewed through the lens …

The Privileges And Immunities Of The International Criminal Court: Are They Sufficient For The Proper Functioning Of The Court Or Is There Still Room For Improvement, Stuart Beresford

San Diego International Law Journal

[T]o determine whether the ICC has the privileges and immunities necessary to ensure the proper functioning of the organization, this Article will first discuss the historical development of privileges and immunities for international organizations, including the legal foundation of the privileges and immunities of the Court. It will then examine the privileges and immunities of the organization as a legal entity, before turning to the privileges and immunities accorded to the various categories of individuals who have to attend the institution in an official capacity. Lastly, because a number of other categories of individuals play an essential role in the …

"Can We Go Home Now?" Expediting Adoption And Termination Of Parental Rights Appeals In Ohio State Courts, Susan C. Wawrose

The Journal of Appellate Practice and Process

No abstract provided.

Taking Its Toll: Partisan Judging And Judicial Review, Jeff Broadwater

The Journal of Appellate Practice and Process

No abstract provided.

Preface: Expedited Appeals In Selected State Appellate Courts, Coleen M. Barger

The Journal of Appellate Practice and Process

No abstract provided.

The Expedited Appeals Process For The District Of Columbia Court Of Appeals, Bonny L. Tavares

The Journal of Appellate Practice and Process

No abstract provided.

From Anastasoff To Hart To West's Federal Appendix: The Ground Shifts Under No-Citation Rules, Stephen R. Barnett

The Journal of Appellate Practice and Process

No abstract provided.

Expedited Appeals In Kentucky, Susan Hanley Kosse, Kristen S. Miller

The Journal of Appellate Practice and Process

No abstract provided.

To Expediency And Beyond: Vermont's Rocket Docket, Tracy Bach

The Journal of Appellate Practice and Process

No abstract provided.

Appellate Mediation In New Mexico: An Evaluation, Roger A. Hanson, Richard Becker

The Journal of Appellate Practice and Process

No abstract provided.

The Supreme Court Of Canada: Its History, Powers And Responsibilities, Frank Iacobucci

The Journal of Appellate Practice and Process

No abstract provided.

Objective Analysis Of Advocacy Preferences And Prevalent Mythologies In One California Appellate Court, Charles A. Bird, Webster Burke Kinnaird

The Journal of Appellate Practice and Process

No abstract provided.

New Hampshire's Three-Judge Expedited Docket, Joseph P. Nadeau

The Journal of Appellate Practice and Process

No abstract provided.

Appellate Procedure In West Virginia: Why Rule 4a'S Expedited Petition Process Isn't Attractive To Attorneys, Grace Wigal

The Journal of Appellate Practice and Process

No abstract provided.

Freestyle Lawyering: Taking An Expedited Appeal In The New York State Courts, Alicia R. Ouellette

The Journal of Appellate Practice and Process

No abstract provided.