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Articles 151 - 180 of 309
Full-Text Articles in Jurisprudence
Court Review: Volume 42, Issue 1 - Cover
Court Review: Volume 42, Issue 1 - Cover
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 42, Issue 1 - Complete Issue
Court Review: Volume 42, Issue 1 - Complete Issue
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 42, Issue 1 - Editor's Note
Court Review: Volume 42, Issue 1 - Editor's Note
Court Review: Journal of the American Judges Association
We begin this issue with remarks given by Roger Warren on the need to tie preservation of judicial independence with a healthy dose of judicial accountability. Warren is a former judge and the former president of the National Center for State Courts. He argues that we focus on the things we can control, not those we don’t. He urges us to take a leadership role in getting our own house in order and in making sure we’re accountable to the public both for our use of funds and for our fidelity to fairness.
Court Review: Volume 42, Issue 1 - Judicial Accountability, Fairness, And Independence, Roger K. Warren
Court Review: Volume 42, Issue 1 - Judicial Accountability, Fairness, And Independence, Roger K. Warren
Court Review: Journal of the American Judges Association
Much attention has focused of late on unfair attacks on judges leveled in nominal pursuit of greater judicial accountability. In response to the refusal of the federal courts to intervene in the Terry Schiavo case, for example, House Majority Leader Tom DeLay angrily declared that Congress has for many years “shirked its responsibility to hold the judiciary accountable.”
Court Review: Volume 42, Issue 1 - Judicial Responses To An Aging America, Max B. Rothman, Burton Dunlop
Court Review: Volume 42, Issue 1 - Judicial Responses To An Aging America, Max B. Rothman, Burton Dunlop
Court Review: Journal of the American Judges Association
In 2000, the authors published a book titled Elders, Crime, and the Criminal Justice System: Myth, Perceptions, and Reality in the 21st Century, in which several chapters were devoted to older adults’ interactions with the court system.1 Those chapters revealed that these interactions could be highly problematic for elders. In follow-up, this article is based on a project designed to address the overarching issue of whether and how judicial systems in the United States ensure that older adults (60 and older) are provided effective access to the courts, including both civil and criminal jurisdictions.2 In order to accomplish this …
American Review: Volume 42, Issue 1 - Dwi Courts: The Newest Problem-Solving Courts, Victor E. Flango
American Review: Volume 42, Issue 1 - Dwi Courts: The Newest Problem-Solving Courts, Victor E. Flango
Court Review: Journal of the American Judges Association
Problem-solving court s — m o re accurately, specialized dockets—are established to deal with problems that may benefit from focused and sustained attention. These courts include a treatment component in an effort to reduce recidivism, which in turn reduces the number of future arrests, prosecutions, and court cases. Specialized drug courts appeared in the late 1980s in response to the dramatic increase in drug offenses. Some drug courts, often referred to as “drug-treatment courts,” emphasize treatment as the way to reduce recidivism. Essential elements of drug courts include: (1) immediate intervention; (2) nonadversarial adjudication; (3) hands-on judicial involvement; (4) treatment …
Court Review: Volume 24, Issue 1 - Recent Criminal Decisions Of The United States Supreme Court: The 2004-2005 Term, Charles H. Whitebread
Court Review: Volume 24, Issue 1 - Recent Criminal Decisions Of The United States Supreme Court: The 2004-2005 Term, Charles H. Whitebread
Court Review: Journal of the American Judges Association
The 2004-2005 Term of the Supreme Court off e red no blockbuster rulings. Nonetheless, in what turned out to be the final year for the Rehnquist Court, there were ru lings of note on topics ranging from securities fraud to sentencing guidelines. In one case, the Court looked to foreign law as a model for determining whether to prohibit the death penalty as a sentence for juvenile criminal offenders. It will be interesting to see, with changes in the Court’s membership, whether this trend to look toward foreign law in constitutional or other criminal cases continues. In this article, I …
Court Review: Volume 42, Issue 1 - President’S Column, Michael Cicconetti
Court Review: Volume 42, Issue 1 - President’S Column, Michael Cicconetti
Court Review: Journal of the American Judges Association
The first 90 days of my term as president of the American Judges Association have had me criss-crossing this country to attend various judicial and court-related conferences. Family, friends, and colleagues constantly pester me on my fortunes as a frequent traveler. However, the reality of traveling is rushing to the airport, long and nervous waits in security lines, subjecting one’s self to non-consensual search and seizure, capacity-filled airplanes with cramped seats, awful microwaved hamburgers, delayed flights, irritable taxi drivers, foreign-speaking intern reservation clerks at the hotel, mini-bars, and “Save the World” notes about reusing your linens and towels. Oh yes, …
Court Review: Volume 42, Issue 1 - Resource Page
Court Review: Volume 42, Issue 1 - Resource Page
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 42, Issue 1 - The Resource Page: Focus On Electronic Discovery
Court Review: Volume 42, Issue 1 - The Resource Page: Focus On Electronic Discovery
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 40, Issue 3-4 - How Useful Is The New Aggressive Driving Legislation?, Victor E. Flango, Ann L. Keith
Court Review: Volume 40, Issue 3-4 - How Useful Is The New Aggressive Driving Legislation?, Victor E. Flango, Ann L. Keith
Court Review: Journal of the American Judges Association
Aggressive driving usually refers to a disregard for others on the road and is distinguished from the more extreme “road rage,” which involves violent, criminal acts. Nevertheless, with an 1,800 reported incidents of violent road behavior involving the use of an automobile in the United States in 1996, it is a national problem requiring attention. Aggressive driving is responsible for more than 27,000 fatalities per year as well as over 3,000,000 injuries, costing over $150 billion dollars. A survey of 6,000 drivers by the National Highway Traffic Safety Administration (NHTSA) found that 60% of the drivers interviewed believed that unsafe …
Court Review: Volume 40, Issue 3-4 - Problem-Solving Supervision: Specialty Probation For Individuals With Mental Illnesses, John Petrila, Jennifer L. Skeem
Court Review: Volume 40, Issue 3-4 - Problem-Solving Supervision: Specialty Probation For Individuals With Mental Illnesses, John Petrila, Jennifer L. Skeem
Court Review: Journal of the American Judges Association
One of the most important developments in American law over the last decade has been the exponential growth of problem-solving courts. Such courts achieve efficiencies by consolidating certain types of cases before specially designated judges. Additionally, in many instances, problem-solving courts adopt a therapeutic focus by attempting to achieve outcomes (e.g., obtaining treatment for a defendant) that go beyond the traditional goals of the judicial system. A recent commentary in this journal noted that “problem-solving courts generally focus on the underlying chronic behaviors of criminal defendants.” These courts include, but are not limited to drug courts, mental health courts, domestic …
Court Review: Volume 40, Issue 3-4 - Table Of Contents
Court Review: Volume 40, Issue 3-4 - Table Of Contents
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 40, Issue 3-4 - Cover
Court Review: Volume 40, Issue 3-4 - Cover
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 40, Issue 3-4 - Complete Issue
Court Review: Volume 40, Issue 3-4 - Complete Issue
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 40, Issue 3-4 - Court Gazing: Features Of Diversity In The U.S. Supreme Court Building, Hongxia Liu
Court Review: Volume 40, Issue 3-4 - Court Gazing: Features Of Diversity In The U.S. Supreme Court Building, Hongxia Liu
Court Review: Journal of the American Judges Association
“Diversity is its strength, just as it is the strength of America itself,” wrote Justice Sandra Day O’Connor about the United States Supreme Court.1 The Court’s strength of diversity is manifested in various ways. To its thousands of visitors, the Supreme Court Building itself is perhaps the first and foremost exhibition of that strength of diversity. In the nation’s highest court, high above the bench, are the figures of 18 historical lawgivers depicted in marble friezes. These 18 lawgivers are of different races and ethnicities, from Hammurabi to Moses to Confucius to John Marshall. They stand parallel, representing diverse legal …
Court Review: Volume 40, Issue 3-4 - Smarter Sentencing: On The Need To Consider Crime Reduction As A Goal, Michael Marcus
Court Review: Volume 40, Issue 3-4 - Smarter Sentencing: On The Need To Consider Crime Reduction As A Goal, Michael Marcus
Court Review: Journal of the American Judges Association
In February, 2004, Oregon Governor Ted Kulongoski directed a newly created “Public Safety Review Steering Committee” to “look at our public safety system from beginning to end” and to develop “strategies to make the system stronger” wherever it does not sufficiently protect Oregonians. In common with many states, Oregon long ago adopted a modification of the penal code to declare crime reduction among the purposes of sentencing. And in common with many states, Oregon has adopted a sentencing guidelines model that roughly directs sentencing to reflect crime seriousness, criminal history, and prison resources—largely or entirely ignoring crime reduction. Apparently in …
Court Review: Volume 40, Issue 3-4 - Racial And Ethnic Bias In The Courts: Impressions From Public Hearings, Elizabeth Neeley
Court Review: Volume 40, Issue 3-4 - Racial And Ethnic Bias In The Courts: Impressions From Public Hearings, Elizabeth Neeley
Court Review: Journal of the American Judges Association
Attitudes toward the courts can affect the way individuals perceive their role in the justice system: their willingness to comply with laws, report crimes, file legal suits, serve as jurors, and so on. In short, a positive public perception of the courts is “critical to the maintenance and operation of the judicial system.” Given the import of these perceptions, a substantial body of research has examined the factors that explain differing levels of support for the court system. Although many of these studies examine national samples or examine attitudes toward the U.S. Supreme Court, it is beyond the scope of …
Court Review: Volume 40, Issue 3-4 - Editor's Note
Court Review: Volume 40, Issue 3-4 - Editor's Note
Court Review: Journal of the American Judges Association
With this double issue—and coming issues on jury reform and judicial independence in the trial court—we will be back on schedule by the time of the American Judges Association’s annual conference in October in San Francisco. I have appreciated your patience as our publication schedule has lagged behind the calendar; I have also appreciated the many kind comments we’ve received regarding the quality of the articles you have received.
Court Review: Volume 40, Issue 3-4 - President’S Column, Michael R. Mcadam
Court Review: Volume 40, Issue 3-4 - President’S Column, Michael R. Mcadam
Court Review: Journal of the American Judges Association
I have just returned from the annual meeting of the Canadian Association of Provincial Court Judges (CAPCJ) in Whitehorse, Yukon Territory. I must first tell you what a wonderful group of judges I met in Canada. I made many new friends and was treated as an old friend. I later realized that this treatment was not due to my overwhelming personality but to the fact that the AJA is respected by Canadian judges and has a great reputation in Canada. Thus the AJA president is treated as a friend.
Court Review: Volume 40, Issue 3-4 - The Resource Page
Court Review: Volume 40, Issue 3-4 - The Resource Page
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 41, Issue 2 - The Tyranny Of The “Or” Is The Threat To Judicial Independence, Not Problem-Solving Courts, Kevin S. Burke
Court Review: Volume 41, Issue 2 - The Tyranny Of The “Or” Is The Threat To Judicial Independence, Not Problem-Solving Courts, Kevin S. Burke
Court Review: Journal of the American Judges Association
If one values freedom, tolerance, and civil liberties, we live at a time when our planet is a dangerous place. Even if one accepts the notion that mankind is composed of decent and good human beings, not all societies place a premium on the values of freedom, tolerance, and civil liberties for all. While there are many factors that promote justice, judicial independence is the cornerstone to freedom and liberty. Now more than at other times in history, a strong, effective, and independent judiciary is imperative. Now more than ever, judges need to realize that maintaining an impartial independent judiciary …
Court Review: Volume 41, Issue 2 - Resource Materials On Judicial Independence, Roy Schotland
Court Review: Volume 41, Issue 2 - Resource Materials On Judicial Independence, Roy Schotland
Court Review: Journal of the American Judges Association
In addition to the articles found in this issue of Court Review, which present the considered views of the authors on various subjects, we also seek to stimulate the thinking of the reader regarding judicial independence. For those attending the annual conference of the American Judges Association this year, this will involve review of the materials in this issue and interchange with authors of the articles and a number of others who have given substantial thought to the topic—as well as interchange with other judges in attendance. For those whose involvement with the National Forum on Judicial Independence will come …
Court Review: Volume 41, Issue 2 - Cover
Court Review: Volume 41, Issue 2 - Cover
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 41, Issue 2 - Complete Issue
Court Review: Volume 41, Issue 2 - Complete Issue
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 41, Issue 2 - Table Of Contents
Court Review: Volume 41, Issue 2 - Table Of Contents
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 41, Issue 2 - A Judiciary That Is As Good As Its Promise: The Best Strategy For Preserving Judicial Independence, Kevin S. Burke
Court Review: Volume 41, Issue 2 - A Judiciary That Is As Good As Its Promise: The Best Strategy For Preserving Judicial Independence, Kevin S. Burke
Court Review: Journal of the American Judges Association
Nearly 100 years ago, Roscoe Pound gave his famous speech entitled “The Causes of Popular Dissatisfaction with the Administration of Justice.” Pound spoke of three things that contributed to the dissatisfaction he perceived during his time: first, a belief by the people that the administration of justice is easy; second, the historical tension between the branches of government; and, finally, what he described as the sporting theory of justice. While Pound’s focus was on why the public was dissatisfied, it is axiomatic that the causes of the popular dissatisfaction with the administration of justice are the fuel for present threats …
Court Review: Volume 41, Issue 2 - Speak To Values: How To Promote The Courts And Blunt Attacks On Judiciary, John Russonello
Court Review: Volume 41, Issue 2 - Speak To Values: How To Promote The Courts And Blunt Attacks On Judiciary, John Russonello
Court Review: Journal of the American Judges Association
This article will outline a number of ideas for communications that could help to promote stronger public support for the courts when they do come under attack. The ideas take into consideration the desires, motivations, and values of the American public that have been learned from years of conducting national and statewide public opinion research on the judicial system for clients such as the ACLU, Justice at Stake Project, the Youth Law Center, and the Open Society Institute, among others. Here are some of the observations on American public opinion that lead to suggestions for court advocates.
Court Review: Volume 41, Issue 2 - The Challenge Of Funding State Courts In Tough Fiscal Times, Michael L. Buenger
Court Review: Volume 41, Issue 2 - The Challenge Of Funding State Courts In Tough Fiscal Times, Michael L. Buenger
Court Review: Journal of the American Judges Association
It has been described as the worst state fiscal crisis since the end of World War II, with officials from across the country likening it to a “perfect storm,” “the Incredible Hulk of budget deficits,” and a “problem of historic proportions.” Beginning in 2001, almost every state experienced a deep fiscal crisis that placed funding of critical services in jeopardy and rendered many previously hallowed programs subject to draconian cuts, if not outright elimination. The fiscal crisis was particularly traumatic for court systems receiving all or a significant portion of their funding directly from state governments. In response to the …
Court Review: Volume 41, Issue 2 - Some Thoughts On The Problems Of Judicial Elections, Jeffrey Rosinek
Court Review: Volume 41, Issue 2 - Some Thoughts On The Problems Of Judicial Elections, Jeffrey Rosinek
Court Review: Journal of the American Judges Association
Election season is within sight again, and with it come the obligatory attacks on the judiciary. Some call it simply campaigning or electioneering, while others believe it is more serious and a form of “judge bashing.” Whatever name the problems are given, the entire election process may have a marked effect on the independence of our judiciary, as well as the ethics of judges and judicial candidates. And in the end, because these problems affect the public’s faith in the judicial system, they must be addressed.