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Articles 121 - 150 of 309
Full-Text Articles in Jurisprudence
Court Review: Volume 43, Issue 2 – Judicial Reform In Texas: A Look Back After Two Decades, Anthony Champagne
Court Review: Volume 43, Issue 2 – Judicial Reform In Texas: A Look Back After Two Decades, Anthony Champagne
Court Review: Journal of the American Judges Association
One of the most frequently quoted comments on judicial reform is the late New Jersey Chief Justice Arthur T. Vanderbilt’s remark, “Judicial reform is not for the short-winded.” Vanderbilt’s remark illustrates a key point about judicial selection reform. Reforms do not occur simply because someone or some group in a state decides that change in the system of selection is desirable; rather, it is necessary for key interest groups in the judicial politics of a state to reach a sufficient political consensus that change can occur. A variety of factors may lead to such a consensus on the need for …
Court Review: Volume 43, Issue 2
Court Review: Volume 43, Issue 2
Court Review: Journal of the American Judges Association
Judges vs. Juries by Brian H. Bornstein
Thoughts About Enriching Judicial Independence by Improving the Retention Vote Phase of Appointive Selection Systems by Hon. John F. Irwin and Daniel L. Real
Judicial Reform in Texas: A Look Back After Two Decades by Anthony Champagne
Appointive Selection of Judges, Limited-Jurisdiction Courts with Non-Lawyer Judiciaries, and Judicial Independence by Norman L. Greene
The Legislatures, the Ballot Boxes, and the Courts by William E. Raftery
Editor’s Note
President’s Column
The Resource Page
Court Review: Volume 43, Issue 2 – Table Of Contents
Court Review: Volume 43, Issue 2 – Table Of Contents
Court Review: Journal of the American Judges Association
Judges vs. Juries by Brian H. Bornstein
Thoughts About Enriching Judicial Independence by Improving the Retention Vote Phase of Appointive Selection Systems by Hon. John F. Irwin and Daniel L. Real
Judicial Reform in Texas: A Look Back After Two Decades by Anthony Champagne
Appointive Selection of Judges, Limited-Jurisdiction Courts with Non-Lawyer Judiciaries, and Judicial Independence by Norman L. Greene
The Legislatures, the Ballot Boxes, and the Courts by William E. Raftery
Editor’s Note
President’s Column
The Resource Page
Court Review: Volume 43, Issue 2 – The Resource Page
Court Review: Volume 43, Issue 2 – The Resource Page
Court Review: Journal of the American Judges Association
Websites
Publications
Court Review: Volume 43, Issue 2 – The Legislatures, The Ballot Boxes, And The Courts, William Raftery
Court Review: Volume 43, Issue 2 – The Legislatures, The Ballot Boxes, And The Courts, William Raftery
Court Review: Journal of the American Judges Association
As a separation-of-powers matter, the nation’s framers and their state counterparts placed some distance between the legislative and judiciary branches so that each might better serve the people. Of course, the separation between the two branches has not prevented legislation impacting the courts year in and year out, much of which could reasonably be described as changes that potentially infringe on the independence, fairness, and impartiality of the courts. (I term these “attacks on the courts.”) Moreover, the issue has been compounded lately by a series of efforts in initiative and referendum states to achieve by the ballot box what …
Court Review: Volume 43, Issue 2 – President’S Column, Steve Leben
Court Review: Volume 43, Issue 2 – President’S Column, Steve Leben
Court Review: Journal of the American Judges Association
By the time you read this, Eileen Olds will have been busy working as the American Judges Association's president for some time. That means two things for me. First, I’ll no longer be on the treadmill-like travel schedule that accompanies that office. Second, I’ll be back at work as the editor of Court Review, getting its publication schedule back on track.
But before relinquishing this space, allow me a few moments to talk about the AJA and its work over the past year.
Like most professional associations, our potential is hindered a bit by the one-year term of our …
Thoughts About Enriching Judicial Independence By Improving The Retention Vote Phase Of Appointive Selection Systems, Jon F. Irwin, Daniel Real
Thoughts About Enriching Judicial Independence By Improving The Retention Vote Phase Of Appointive Selection Systems, Jon F. Irwin, Daniel Real
Court Review: Journal of the American Judges Association
In August 1979, Time magazine featured an article titled, “Judging the Judges.” In that article, nearly 30 years ago, was a discussion about a number of problems facing the judiciary as well as a discussion about potential reforms to address the problems. One of the problems discussed at some length was public perception that the judiciary lacked sufficient impartiality. While recognizing the emergence of judicial discipline systems to address partiality problems of sitting judges, the article also noted “a convincing argument for getting better judges to begin with.” The article also recognized that, at that time, “half the states [had] …
Court Review: Volume 43, Issue 2 – Judges Vs. Juries, Brian H. Bornstein
Court Review: Volume 43, Issue 2 – Judges Vs. Juries, Brian H. Bornstein
Court Review: Journal of the American Judges Association
This article introduces a new feature for Court Review, “Social Science Research for (and in) the Courts,” the purpose of which is to summarize recent research on social science topics that judges might encounter. Social science research has a long-standing, and sometimes tense, relationship with the law. Nonetheless, there are signs that the courts’ receptivity to social science research is growing. The fields of psychology and the law and economics and the law have expanded considerably in the last 20 or so years. Because judges are increasingly likely to encounter social science issues, the goal of these columns is to …
Court Review: Volume 41, Issue 3-4 - Complete Issue
Court Review: Volume 41, Issue 3-4 - Complete Issue
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 41, Issue 3-4 - Balancing Act: Can Judicial Independence Coexist With Court Accountability?, Michael W. Manners, Michael Buenger, Kevin S. Burke, Bobby B. Delaughter
Court Review: Volume 41, Issue 3-4 - Balancing Act: Can Judicial Independence Coexist With Court Accountability?, Michael W. Manners, Michael Buenger, Kevin S. Burke, Bobby B. Delaughter
Court Review: Journal of the American Judges Association
The fifth panel discussion at the National Forum on Judicial Independence explored the intersection between judicial independence and public accountability. The discussion was led by Michael W. Manners, a circuit judge on the Jackson County Circuit Court in Independence, Missouri. Panelists were Michael L. Buenger, Missouri state court administrator, Kevin S. Burke, a district judge in Hennepin County District Court in Minneapolis, Minnesota, Bobby B. DeLaughter, a circuit judge on the Hinds County Circuit Court in Jackson, Mississippi, Malcolm Feeley, professor of law at the University of California-Berkeley, Michael R. McAdam, judge on the Kansas City (Mo.) Municipal Court, Mary …
Court Review: Volume 41, Issue 3-4 - Friends Of The Court? The Bar, The Media, And The Public, Steve Leben, John Russonello, Malcom Feeley
Court Review: Volume 41, Issue 3-4 - Friends Of The Court? The Bar, The Media, And The Public, Steve Leben, John Russonello, Malcom Feeley
Court Review: Journal of the American Judges Association
The fourth panel discussion at the National Forum on Judicial Independence explores the way the public thinks about judicial independence and ways in which the media and members of the bar may affect judicial independence. The discussion was led by then-AJA secretary Steve Leben, a state general-jurisdiction trial judge from Kansas. Panelists were John Russonello, a pollster and consultant to nonprofit organizations, political campaigns, and other clients, and Malcolm Feeley, professor at the Boalt Hall School of Law at the University of California-Berkeley. The National Forum on Judicial Independence was supported by a generous grant from the Joyce Foundation of …
Court Review: Volume 41, Issue 3-4 - Judicial Independence: The Freedom To Be Fair, Steve Leben, Michael R. Mcadam, Leo Bowman, Kevin S. Burke, Michael Cicconetti, Malcom Feeley, Jack Ford, Gayle Nachtigal, Tam Nomoto Schumann, William C. Vickrey
Court Review: Volume 41, Issue 3-4 - Judicial Independence: The Freedom To Be Fair, Steve Leben, Michael R. Mcadam, Leo Bowman, Kevin S. Burke, Michael Cicconetti, Malcom Feeley, Jack Ford, Gayle Nachtigal, Tam Nomoto Schumann, William C. Vickrey
Court Review: Journal of the American Judges Association
The final panel discussion at the National Forum on Judicial Independence was moderated by Jack Ford, host of the syndicated Public Broadcasting System program, Inside the Law. The discussion explores topics of judicial independence in a manner designed for use with the public at large and formed the basis for the onehour PBS program, “Judicial Independence: The Freedom to Be Fair.” Panelists were Leo Bowman, chief judge of the District Court in Pontiac, Michigan, Kevin Burke, district judge and former chief judge of the Hennepin County (Minn.) District Court, Michael Cicconetti, judge of the Painesville (Ohio) Municipal Court, Malcolm Feeley, …
Court Review: Volume 41, Issue 3-4 - Cover
Court Review: Volume 41, Issue 3-4 - Cover
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 41, Issue 3-4 - Table Of Contents
Court Review: Volume 41, Issue 3-4 - Table Of Contents
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 41, Issue 3-4 - Working On The Components Of Judicial Independence, Ronald M. George
Court Review: Volume 41, Issue 3-4 - Working On The Components Of Judicial Independence, Ronald M. George
Court Review: Journal of the American Judges Association
Courts have often been cited as the weakest of the three branches of government. I do not necessarily agree with that assessment, but increasingly courts are realizing that that does not, in any event, mean they can or should remain silent or passive and allow our sister branches to determine our fate. Court governance and leadership, eliminating bias, improving access, and judicial independence are critical areas upon which we all must focus. They are necessary factors not only in preserving the strength of the judicial branch in our state and federal governmental structures, but also in ensuring that our nation …
Court Review: Volume 41, Issue 3-4 - Is Judicial Independence A Casualty In State And Local Budget Battles?, Michael A. Cicconetti, Michael Buenger, Lawrence G. Myers, Robert Wessels
Court Review: Volume 41, Issue 3-4 - Is Judicial Independence A Casualty In State And Local Budget Battles?, Michael A. Cicconetti, Michael Buenger, Lawrence G. Myers, Robert Wessels
Court Review: Journal of the American Judges Association
The first panel discussion at the National Forum on Judicial Independence reviews the budget pressures encountered by the judiciary and their impact on judicial independence. The discussion was led by then-AJA vice president Michael A. Cicconetti, a municipal judge from Painesville, Ohio. Panelists were Michael L. Buenger, Missouri state court administrator, Lawrence G. Myers, court administrator for Joplin, Missouri, and Robert Wessels, court manager for the County Criminal Courts at Law in Houston, Texas. The National Forum on Judicial Independence was supported by a generous grant from the Joyce Foundation of Chicago, Illinois.
Court Review: Volume 41, Issue 3-4 - Problem-Solving Courts: Do They Create Judicial Independence Problems Or Opportunities Or Both?, Michael R. Mcadam, Kevin S. Burke, Mary Campbell Mcqueen
Court Review: Volume 41, Issue 3-4 - Problem-Solving Courts: Do They Create Judicial Independence Problems Or Opportunities Or Both?, Michael R. Mcadam, Kevin S. Burke, Mary Campbell Mcqueen
Court Review: Journal of the American Judges Association
The third panel discussion at the National Forum on Judicial Independence explores the tension between setting up specialized, problem-solving courts and maintaining judicial independence for the judges assigned to such courts. The discussion was led by then-AJA president Michael R. McAdam, a judge on the Kansas City (Mo.) Municipal Court. Panelists were Kevin S. Burke, a district judge and past chief judge of the Hennepin County (Minn.) District Court, and Mary Campbell McQueen, president of the National Center for State Courts. The National Forum on Judicial Independence was supported by a generous grant from the Joyce Foundation of Chicago, Illinois.
Court Review: Volume 41, Issue 3-4 - The Resource Page
Court Review: Volume 41, Issue 3-4 - The Resource Page
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 41, Issue 3-4 - President’S Column, Gayle A. Nachtigal
Court Review: Volume 41, Issue 3-4 - President’S Column, Gayle A. Nachtigal
Court Review: Journal of the American Judges Association
Over their lifetime, most citizens will never see the inside of a jail or be a participant in a criminal trial. They may come to the courthouse for traffic violations and for domestic relations cases, to pay property taxes, deal with landlord-tenant matters, or obtain documents for other events in their lives. As a result, their understanding and appreciation for the judicial system must be gathered from other sources. We must provide accurate information. Citizens receive information about the judicial system from the media, particularly television. Television cases are resolved in approximately 22 minutes; on at least one show, that …
Court Review: Volume 42, Issue 2 - Resource Page
Court Review: Volume 42, Issue 2 - Resource Page
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 42, Issue 2 - Complete Issue
Court Review: Volume 42, Issue 2 - Complete Issue
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 42, Issue 2 - Table Of Contents
Court Review: Volume 42, Issue 2 - Table Of Contents
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 42, Issue 2 - Editor's Note
Court Review: Volume 42, Issue 2 - Editor's Note
Court Review: Journal of the American Judges Association
Our lead article will be of interest to all judges who made child-custody decisions as part of their work. Psychologist Ira Turkat notes a seldom- discussed but critical point about child-custody evaluations conducted by psychologists—there is no scientific data demonstrating the validity of these reports. Given that fact, he discusses questions judges should ask and the framework within which these reports should be viewed. He also notes a recent Florida Court of Appeals case, Higginbotham v. Higginbotham (reprinted at page 9), in which the court noted that a court-ordered psychological evaluation had cost $20,000, an amount equal to the parties’ …
Court Review: Volume 42, Issue 2 - Courtroom 302: How America’S Criminal Justice System Really Works, Angela M. Brouse
Court Review: Volume 42, Issue 2 - Courtroom 302: How America’S Criminal Justice System Really Works, Angela M. Brouse
Court Review: Journal of the American Judges Association
1998 was to be a big year for Courtroom 302 and the Cook County Criminal Courthouse—the biggest and busiest felony courthouse in the nation. Cook County alone would send nearly 16,000 convicted criminals to prison. Courtroom 302 and Judge Daniel Locallo would hear the controversial Bridgeport trial, known as a “heater” case for attracting publicity. The case revolved around three young white men, with supposed mafia ties, charged with the brutal beating of a 13-year-old black boy—the alleged motive being that the black boy was not welcome in the predominately white neighborhood. Due to the violent and racial undertones in …
Court Review: Volume 42, Issue 2 - On The Limitations Of Child-Custody Evaluations, Ira Daniel Turkat
Court Review: Volume 42, Issue 2 - On The Limitations Of Child-Custody Evaluations, Ira Daniel Turkat
Court Review: Journal of the American Judges Association
Child-custody litigation is typically hostile, stressful, and expensive. For thousands of years, society has wrestled with the issue of properly assigning custody of children when parents fight over it. In King Solomon’s court, there were no licensed psychologists to extensively interview families, apply psychological tests, and offer recommendations. Today, it is commonplace in our society to have psychologists evaluate families litigating over custody. In the United States, approximately 100,000 custody battles take place each year. However, psychological evaluations are not ordered in all contested custody cases. By and large, a custody investigation is ordered when it is unclear who should …
Court Review: Volume 42, Issue 2 - Recent Civil Decisions Of The United States Supreme Court: The 2004-2005 Term, Charles H. Whitebread
Court Review: Volume 42, Issue 2 - Recent Civil Decisions Of The United States Supreme Court: The 2004-2005 Term, Charles H. Whitebread
Court Review: Journal of the American Judges Association
As I noted in reviewing the past term’s criminal decisions, what turned out to be the final year for the Rehnquist Court produced no blockbuster rulings. Nonetheless, there were several civil decisions of note. The Court’s 5-4 ruling upholding the taking of private property for economic development purposes and two First Amendment cases involving public display of the Ten Commandments in a courthouse and in a school were among those receiving the most public attention.
Court Review: Volume 42, Issue 2 - Eroding Fourth Amendment Protections At The Border: An Analysis Of United States V. Cortez-Rocha, Ryan Farley
Court Review: Journal of the American Judges Association
Recently, the Ninth Circuit Court of Appeals decided the government can destroy personal property during a search at the border without restraint or probable cause. The Ninth Circuit’s holding in United States v. Cortez-Rocha represents a dangerous precedent not only for border searches, but for the reasonableness standard embedded in the Fourth Amendment. However, this power should not eliminate all Fourth Amendment protections against unreasonable searches. Although the federal government may have the ability to conduct searches without probable cause at the border, that power does not allow federal agents to destroy personal property when agents can open a container …
Court Review: Volume 42, Issue 2 - President’S Column, Michael Cicconetti
Court Review: Volume 42, Issue 2 - President’S Column, Michael Cicconetti
Court Review: Journal of the American Judges Association
It seems as if our Annual Conference in Anchorage took place about a month ago, but it has been many months now since we returned home and my job as president of AJA began. Time seems to disappear and days become a blur when balancing the bench, AJA, and family. Your officers and Executive Committee have totally immersed themselves in revitalizing the AJA beginning with plans for a great educational and fun-filled annual conference in New Orleans in October. In January, the Executive Committee met for two days discussing our priorities and goals for this year and the future of …
Court Review: Volume 42, Issue 2 - Cover
Court Review: Volume 42, Issue 2 - Cover
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 42, Issue 1 - Table Of Contents
Court Review: Volume 42, Issue 1 - Table Of Contents
Court Review: Journal of the American Judges Association
No abstract provided.