Courts Commons^™

Expedited Appeals In Indiana: Too Little, Too Late, Joel M. Shumm

The Journal of Appellate Practice and Process

No abstract provided.

Appellate Review Of Multi-Claim General Verdicts: The Life And Premature Death Of The Baldwin Principle, Ryan Patrick Phair

The Journal of Appellate Practice and Process

No abstract provided.

The Right To Trial By Jury In Arkansas After Merger Of Law And Equity, John J. Watkins

University of Arkansas at Little Rock Law Review

No abstract provided.

Possible, But Not Likely: Expedited Appeals In Massachusetts, Davalene Cooper

The Journal of Appellate Practice and Process

No abstract provided.

A Practitioner's Guide To Arkansas's New Judicial Article, Larry Brady, J.D. Gingerich

University of Arkansas at Little Rock Law Review

No abstract provided.

The Koon Trap: Why Imperfect Entrapment Fails To Justify Departure From The Federal Sentencing Guidelines, Joseph M. Meadows

Indiana Law Journal

No abstract provided.

The Steel Seizure Case: One Of A Kind?, Neal Devins, Louis Fisher

Faculty Publications

No abstract provided.

Crossing The Line: Juvenile Transfer And Prison Violence, Jessica M. Huffman

Sociology & Criminal Justice Theses & Dissertations

The juvenile court has long held caring and rehabilitation as it's objective for those persons who commit crimes while under age 18. However, arguably, that goal has been compromised with the use of juvenile transfers. Some research has been done on the use of transfers, but little has studied the effects of incarcerating juveniles with adult prisoners at the state level. This thesis examines the use of the juvenile transfer and the effects it has with respect to prison violence using states in the U.S. as the unit of analysis. It was hypothesized that prison violence would increase with an …

The Unhappy History Of Civil Rights Legislation, Fifty Years Later, Jack M. Beermann

Faculty Scholarship

Seldom, if ever, have the power and the purposes of legislation been rendered so impotent.... All that is left today are afew scattered remnants of a once grandiose scheme to nationalize the fundamental rights of the individual.

These words were written fifty years ago by Eugene Gressman, now William Rand Kenan, Jr. Professor Emeritus, University of North Carolina School of Law, as a description of what the courts, primarily the Supreme Court of the United States, had done with the civil rights legislation passed by Congress in the wake of the Civil War. Professor Gressman's article, The Unhappy History of …

Judiciary School: A Proposal For A Pre-Judicial Ll.M. Degree, Marc T. Amy

Journal of Legal Education

No abstract provided.

A Moment In The Times: Law Professors And The Court-Packing Plan, Kyle Graham

Journal of Legal Education

No abstract provided.

Book Review Of What Brown V. Board Of Education Should Have Said: The Nation's Top Legal Experts Rewrite America's Landmark Civil Rights Recision, Wendy Parker

Journal of Legal Education

No abstract provided.

Small Claims Courts, Steve Averett

Brigham Young University Journal of Public Law

No abstract provided.

Different Strokes For Different Folks: Balancing The Treatment Of Employers And Employees In Employment Discrimination Cases In Courts Within The Tenth Circuit Court Of Appeals, Ruben H. Arredondo

Brigham Young University Journal of Public Law

No abstract provided.

One Small Step For Women: Female-Friendly Provisions In The Rome Statute Of The International Criminal Court, Rana Lehr-Lehnardt

Brigham Young University Journal of Public Law

No abstract provided.

Waiting For Daubert: The Nevada Supreme Court And The Admissibility Of Expert Testimony, Brian Irvine

Nevada Law Journal

No abstract provided.

The Expiration Of The Civil Justice Reform Act Of 1990, Carl Tobias

Washington and Lee Law Review

No abstract provided.

Keeping Courts Afloat In A Rising Sea Of Litigation: An Objective Approach To Imposing Rule 38 Sanctions For Frivolous Appeals, Scott A. Martin

Michigan Law Review

As their dockets swell, federal judges' tolerance for attorney misconduct wears thin. More than ever, judges are willing to impose sanctions for abuses of federal court processes, including frivolous appeals. As one judge explained, "[w]ith courts struggling to remain afloat in a constantly rising sea of litigation, a frivolous appeal can itself be a form of obscenity." Aside from the need to reduce caseloads, other factors underlie the courts' willingness to impose sanctions for frivolous appeals. One concern is that the costs to responsible, ethical litigants increase sharply when the court system's resources are diverted to meritless claims. Another motivating …

Locating Inevitable Disclosure's Place In Trade Secret Analysis, Jennifer L. Saulino

Michigan Law Review

For ten years, William Redmond, Jr., worked for PepsiCo, the maker of the sports drink All-Sport. Redmond's status as General Manager gave him access to trade secrets. PepsiCo protected those trade secrets by contract, and, as is typical, PepsiCo required Redmond to sign a confidentiality agreement covering all "confidential information relating to the business of [PepsiCo]." This confidentiality agreement, like most of its kind, protected the company from the danger that an employee who knew secret information would change jobs and disclose that information. In late 1994, Redmond accepted a position with Quaker's Gatorade division, a major competitor of PepsiCo's …

Losing Sight Of The Utilitarian Forest For The Retributivist Trees: An Analysis Of The Role Of Public Opinion In A Utilitarian Model Of Punishment, Andrew R. Strauss

Cardozo Law Review

No abstract provided.

Regulating Federal Prosecutors' Ethics, Bruce A. Green, Fred C. Zacharias

Vanderbilt Law Review

To what extent should federal prosecutors be regulated by states, by federal courts, or by the U.S. Department of Justice ("DOJ) as a matter of self-regulation? This Article concludes that, subject to congressional oversight, federal courts should have the ultimate authority to regulate federal prosecutors. However, it also acknowledges the legitimacy of competing claims by the states and DOJ. Sometimes, federal courts should defer to state court regulation, given traditional state regulation of the practice of law and a host of practical considerations. At other times, federal prosecutors have compelling reasons to seek freedom from both state regulation and regulation …

Juries, Justice And Multiculturalism, Nancy S. Marder

All Faculty Scholarship

No abstract provided.

Juries, Drug Laws & Sentencing (Symposium), Nancy S. Marder

All Faculty Scholarship

No abstract provided.

Federal Guilty Pleas Under Rule 11: The Unfilled Promise Of The Post-Boykin Era, Julian A. Cook

Scholarly Works

Rule 11 of the Federal Rules of Criminal Procedure governs perhaps the most essential and common practice in the federal criminal justice system--the guilty plea. Despite the public's focus on the excitement and drama engendered by real and fictional criminal trials, the overwhelming majority of criminal matters reach a negotiated resolution. Indeed, the importance of the guilty plea to the judiciary, prosecutors, and even defense attorneys cannot be overstated. Without guilty pleas, the criminal justice system would malfunction; the system is simply incapable of accommodating the constitutional exercise of a defendant's trial right in each instance.

The federal plea process …

Brief Amicus Curiae Of The Idaho Conservation League And The Louisiana Environmental Action Network In Support Of Neither Side, Republican Party Of Minnesota V. Kelly, No. 01-521 (U.S. Jan. 17, 2002), John D. Echeverria

U.S. Supreme Court Briefs

No abstract provided.

Military Commissions And Courts-Martial: A Brief Discussion Of The Constitutional And Jurisdictional Distinctions Between The Two Courts, Timothy C. Macdonnell

Scholarly Articles

On 13 November 2001, President George W. Bush signed Military Order 222, authorizing the trial of non-U.S. citizens for war crimes by military commission.' Since the signing of that order, a contentious debate has raged over the possible use of military commissions to try suspected terrorists. As part of that debate, the media has used various terms to describe the proposed military commissions. They have called them "Secret Military Trials,"' "Military Tribunals,"' and "U.S. Military Court[s]." A Cable News Network internet story described military commissions as "essentially a courts-martial, or a military trial, during a time of war." This quotation …

Respecting Pandora's Box, Erica Beecher-Monas

Law Faculty Research Publications

No abstract provided.

Volume 69

Tennessee Law Review

No abstract provided.

International Criminal Courts And Fair Trials: Difficulties And Prospects, Jacob Katz Cogan

Faculty Articles and Other Publications

The question "Can international criminal courts provide defendants with fair trials?" is one that has barely been posed, let alone answered. The realm of international criminal justice is distinguished from domestic criminal justice not simply because accountability and sovereignty weigh heavier in this context, but also because of the absence of an effective counterweight to check these interests. One approach to the fair trial issue focuses on the rights delineated in the tribunals' statutes, rules of procedure and evidence, and case law. A second approach to the problem of fair trials asks, instead, whether these international courts have the independence …

The Adversary System As A Means Of Seeking Truth And Justice, 35 J. Marshall L. Rev. 147 (2002), Robert G. Johnston, Sara Lufrano

UIC Law Review

No abstract provided.