Courts Commons^™

Capital Punishment: 21st Century Lynching, Serena L. Hargrove

University of the District of Columbia Law Review

No abstract provided.

When Lawyers Break The Law: How The District Of Columbia Court Of Appeals Disciplines Members Of The Bar Who Commit Crimes, Larry Cunningham

University of the District of Columbia Law Review

No abstract provided.

Judicial Nomination And Confirmation Process: Hearing Before The S. Comm. On The Judiciary, 107th Cong., Sept. 4, 2001 (Statement Of Mark V. Tushnet, Prof. Of Law, Geo. U. L. Center), Mark V. Tushnet

Testimony Before Congress

No abstract provided.

Picking Federal Judges: A Note On Policy And Partisan Selection Agendas, Micheal W. Giles, Virginia A. Hettinger, Todd C. Peppers

Scholarly Articles

The importance of lower federal courts in the policymaking process has stimulated extensive research programs focused on the process of selecting the judges of these courts and the factors influencing their decisions. The present study employs judicial decisionmaking in the U.S. Courts of Appeals as a window through which to reexamine the politics of selection to the lower courts. It differs from previous studies of selection in three ways. First, it takes advantage of recent innovations in measurement to go beyond reliance on political party as a measure of the preferences of actors in the selection process. Second, employing these …

Single-Sex "Marriage": The Role Of The Courts, Lino A. Graglia

BYU Law Review

No abstract provided.

Balancing "Parents Are" And "Parents Do" In The Supreme Court's Constitutionalized Family Law: Some Implications For The Ali Proposals On De Facto Parenthood, David M. Wagner

BYU Law Review

No abstract provided.

Citizen Participation In Judicial Decision Making: Juries, Lay Judges And Japan, Richard O. Lempert

Articles

In the late 1920s and 1930s Japan had a jury system. It was suspended in 1943 as a wartime measure, but it had fallen into desuetude long before that. Arguably it was like the Spanish jury, which has several times risen during periods of relative political liberalism or populism and been suppressed during periods of militarism and autocracy. That is, it may be more than a coincidence that use of the Japanese jury fell precipitously during the 1930s as militarism took hold of the Japanese nation. Now the reinstatement of the Japanese jury is again being seriously considered. Similarly it …

Can We Talk?: Removing Counterproductive Ethical Restraints Upon Ex Parte Communication Between Attorneys And Adverse Expert Witnesses, Stephen D. Easton

Indiana Law Journal

No abstract provided.

Artificial Intelligence, Mindreading, And Reasoning In Law, John A. Barnden, Donald M. Peterson

Cardozo Law Review

No abstract provided.

Explaining Relevance, Paolo Garbolino

Cardozo Law Review

No abstract provided.

The Supreme Court's Plenary Docket, Margaret Meriwether Cordray, Richard Cordray

Washington and Lee Law Review

No abstract provided.

Supreme Court Power Play: Assessing The Appropriate Role Of The Senate In The Confirmation Process, Jeff Yates, William Gillespie

Washington and Lee Law Review

The Bush Administration will likely have the opportunity to make a number of appointments to the Supreme Court; however, such nominations may lead to contentious confirmation hearings in the Senate. When such an appointment opportunity does present itself, questions are bound to arise concerning the appropriate role of the United States Senate in the confirmation of Supreme Court nominees under the "advice and consent" provisions of article H of the Unite States Constitution. Disputes over the Senate 's proper role and scope of inquiry seem to emerge whenever a nominee has faced the confirmation process and have been a timeworn …

Introductory Essay: The Relevance Of Gender Bias Studies, Blake D. Morant

Washington and Lee Law Review

No abstract provided.

Gender Bias Task Force: Comments On Family Law Issues, Philip Trompeter

Washington and Lee Law Review

No abstract provided.

Gender Bias Task Force: Comments On Courtroom Environment, Sam W. Coleman, Iii

Washington and Lee Law Review

No abstract provided.

Gender Bias Task Force: Comments On The Final Report, Elizabeth B. Lacy

Washington and Lee Law Review

No abstract provided.

Gender Bias Task Force: Comments On Substantive Law Issues, Jane Marum Roush

Washington and Lee Law Review

No abstract provided.

Daubert's Backwash: Litigation-Generated Science, William L. Anderson, Barry M. Parsons, Drummond Rennie

University of Michigan Journal of Law Reform

In the 1993 landmark case Daubert v. Merrell Dow Pharmaceuticals, the United States Supreme Court articulated its position on the admissibility of scientific evidence. The Court reasoned that federal judges should rely on the processes scientists use to identify unreliable research, including the process of peer review, to determine when scientific evidence should be inadmissible. In response, lawyers and their clients, seeking to rely on such evidence, have begun funding and publishing their own research with the primary intention of providing support to cases they are litigating. This Article examines the phenomenon of litigation-generated science, how it potentially undermines …

Privatization And Political Accountability, Jack M. Beermann

Faculty Scholarship

This article is an attempt to draw some general connections between privatization and political accountability. Political accountability is to be understood as the amenability of a government policy or activity to monitoring through the political process. Although the main focus of the article is to examine different types of privatization, specifically exploring the ramifications for political accountability of each type, I also engage in some speculation as to whether there are there situations in which privatization might raise constitutional concerns related to the degree to which the particular privatization reduces political accountability for the actions or decisions of the newly …

Listing And Delisting Processes Under The Endangered Species Act: Hearing Before The S. Subcomm. On Fisheries, Wildlife And Water, 107th Cong., May 9, 2001 (Statement Of John D. Echeverria, Dir. Environmental Policy Project, Geo. U. L. Center), John D. Echeverria

Testimony Before Congress

No abstract provided.

Perspectives On Freedom Of Conscience And Religion In The Jurisprudence Of Constitutional Courts, Leszek Lech Garlicki

BYU Law Review

No abstract provided.

Freedom Of Religion In The Case Law Of The Spanish Constitutional Court, Javier Martinez-Torron

BYU Law Review

No abstract provided.

Chief Judge Edward R. Becker: A Truly Remarkable Judge, Marci A. Hamilton

Articles

No abstract provided.

After Steel Co.: 'Hypothetical Jurisdiction' In The Federal Appellate Courts, Joan E. Steinman

All Faculty Scholarship

In Steel Co. v. Citizens for a Better Environment, the United States Supreme Court, sua sponte, denounced the doctrine of "hypothetical jurisdiction," a doctrine that, in some circumstances, allowed courts to assume, arguendo, the existence of jurisdiction and to address the merit questions presented by cases. Several of the Justices distanced themselves from the denunciation, however, and despite the vociferousness of the position taken by the majority, even it found that there were exceptional circumstances in which the Court had acted properly (and presumably in which other courts would act appropriately) in assuming jurisdiction arguendo and addressing merits questions. The …

Appellate Rule 16(B): The Scope Of Review In An Appeal Based Solely Upon A Dissent In The Court Of Appeals, Thomas L. Fowler

North Carolina Central Law Review

No abstract provided.

The Judiciary In The United States: A Search For Fairness, Independence And Competence, Stephen J. Shapiro

All Faculty Scholarship

Alexander Hamilton referred to the judiciary as “the least dangerous branch” because it could neither make nor enforce the law without help from the other two branches of government. In the years since then, however, courts and judges in the United States have assumed a much more prominent role in society. American judges preside over criminal trials and sentence those convicted, decide all kinds of civil disputes, both large and small, and make important decisions involving families, such as child custody. They have also become the primary guarantors of the civil and constitutional rights of American citizens.

The case of …

Are Some Words Better Left Unpublished?: Precedent And The Role Of Unpublished Decisions, K.K. Duvivier

The Journal of Appellate Practice and Process

The practice of unpublished decisions and their precedential value causes much controversy. The practice of unpublished opinions creates a solution for how to deal effectively with heavy caseloads. Electronic databases make unpublished decisions readily available, which removes any secrecy that critics fear. Unpublished opinions are treated in one of three ways by the courts. In addition, three pragmatic issues are created by allowing opinions to go unpublished: 1) the availability of these decisions, 2) the quality of the reasoning in unpublished decisions, and 3) the treatment of unpublished opinions as precedent.

Preface: Anastasoff, Unpublished Opinions, And "No-Citation" Rules, Coleen M. Barger

The Journal of Appellate Practice and Process

In the wake of the publication of Anastasoff v. United States a new round of debate has begun over the propriety of unpublished opions and their status as precedent. Circuit courts across the nation vary widely in how this "principle of policy" is treated, thus prompting the Journal of Appellate Practice and Process to call for papers, which are included herein.

A Closer Look At Unpublished Opinions In The United States Courts Of Appeals, Michael Hannon

The Journal of Appellate Practice and Process

Some legal researchers may assume that all cases decided by federal courts are published. However, many United States courts of appeals’ decisions go unpublished. United States courts of appeals’ decisions are important sources of law since they are the court of last resort for most litigants. By making a survey of Westlaw and LEXIS, the author sheds light on some aspects of unpublished opinions.

Unpublished Decisions In The Federal Courts Of Appeals: Making The Decision To Publish, Stephen L. Wasby

The Journal of Appellate Practice and Process

The rise of cases brought before federal appellate courts has caused most opinions to be designated as unpublished. This practice has created much controversy. This essay addresses the decision to publish, guidelines for publication, and enforcement of those guidelines within courts.