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Articles 241 - 270 of 309

Full-Text Articles in Jurisprudence

Court Review: Volume 39, Issue 2 - Dealing With Complex Evidence Of Domestic Violence: A Primer For The Civil Bench, Jane H. Aiken, Jane C. Murphy Jul 2002

Court Review: Volume 39, Issue 2 - Dealing With Complex Evidence Of Domestic Violence: A Primer For The Civil Bench, Jane H. Aiken, Jane C. Murphy

Court Review: Journal of the American Judges Association

New laws and policies aimed at protecting victims of domestic violence have been adopted across the country throughout the last twenty years. The legal approaches taken to protect battered women and control family violence have brought about significant changes in family law. New laws include statutes permitting civil protection or restraining orders, and laws requiring that domestic violence be considered in custody and visitation decisions. Both of these types of statutory reforms can provide protection to adult victims of domestic violence and their children. Evaluating a parent’s fitness by considering past acts of violence to other family members results in …

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Court Review: Volume 39, Issue 2 - Firearms And Domestic Violence: A Primer For Judges, Darren Mitchell, Susan B. Carbon Jul 2002

Court Review: Volume 39, Issue 2 - Firearms And Domestic Violence: A Primer For Judges, Darren Mitchell, Susan B. Carbon

Court Review: Journal of the American Judges Association

Firearms and domestic violence are a deadly combination. As the examples on the following page show, abusers who gain access to firearms pose a lethal threat both to those they have abused and to the wider community. Even where laws exist to disarm abusers and prevent them from purchasing new firearms, absent effective implementation of the laws—by judges, as well as by others in the civil and criminal justice system— survivors of domestic violence and the broader community continue to remain at risk of death or serious injury.

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Court Review: Volume 39, Issue 2 - Complete Issue Jul 2002

Court Review: Volume 39, Issue 2 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.

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Court Review: Volume 39, Issue 2 - President's Column, Francis X. Halligan Jr. Jul 2002

Court Review: Volume 39, Issue 2 - President's Column, Francis X. Halligan Jr.

Court Review: Journal of the American Judges Association

I have chosen for my initial column a topic that is of importance to all judges, regardless of jurisdiction or locality, yet is often ignored—courtroom and personal security. Given the domestic violence theme of this issue and the special security concerns involving courtrooms that conduct hearings involving domestic violence and family matters, I thought that this subject matter was most appropriate. I have been interested in courtroom security for many years, due to my law enforcement background, having served as a police officer in Washington, D.C., and in New Jersey. Given the limited space I have for this column, I …

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Court Review: Volume 39, Issue 2 - Table Of Contents Jul 2002

Court Review: Volume 39, Issue 2 - Table Of Contents

Court Review: Journal of the American Judges Association

No abstract provided.

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Court Review: Volume 39, Issue 2 - Making A Difference: Tools To Help Judges Support The Healing Of Children Exposed To Domestic Violence, Lavita Nadkarni, Barbara Zeek Shaw Jul 2002

Court Review: Volume 39, Issue 2 - Making A Difference: Tools To Help Judges Support The Healing Of Children Exposed To Domestic Violence, Lavita Nadkarni, Barbara Zeek Shaw

Court Review: Journal of the American Judges Association

Domestic violence has emerged from the privacy of one’s own home, where only the victims were aware of the abuse, to more public domains, where one can witness the impact of such abuse on society through our court system. Judges, in both the civil and criminal arenas, exercise considerable power in instituting a wide range of possible dispositions in cases involving domestic violence. The Family Violence Prevention Fund’s National Judicial Education Advisory Committee concluded that judges made the most significant decisions affecting the lives of victims, abusers, and their children. Judges can also play a significant role in shaping society’s …

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Court Review: Volume 39, Issue 2 - Editor's Note Jul 2002

Court Review: Volume 39, Issue 2 - Editor's Note

Court Review: Journal of the American Judges Association

Domestic violence is a subject about which judges need good initial education and continuing refresher courses. Quite simply, there is much about it that is counterintuitive. Why does a woman who is physically and mentally abused day after day, week after week, stay with the abuser? For most of us, the answer is neither self-evident nor a part of our personal life experience. Yet there is a large—and growing—body of good research in the area.

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Court Review: Volume 39, Issue 2 - The Resource Page: Focus On Domestic Violence Jul 2002

Court Review: Volume 39, Issue 2 - The Resource Page: Focus On Domestic Violence

Court Review: Journal of the American Judges Association

No abstract provided.

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Court Review: Volume 39, Issue 1 - President's Column, Bonnie Sudderth Apr 2002

Court Review: Volume 39, Issue 1 - President's Column, Bonnie Sudderth

Court Review: Journal of the American Judges Association

In my previous column, I asked a simple question: If we would agree that the lawyer who represents himself has a fool for a client, then why are we spending so much time and money trying to assist non-law-trained pro se litigants in representing themselves in court? If we would agree that, generally speaking, justice is best served by access to quality legal representation, then why not focus our efforts on achieving that? Instead of trying to figure out how to make the courthouse more easily maneuverable to pro se litigants, perhaps we should concentrate on making attorneys accessible and …

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Court Review: Volume 39, Issue 2 - Judicial Candidate Speech After Republican Party Of Minnesota V. White, Jan Witold Baran Apr 2002

Court Review: Volume 39, Issue 2 - Judicial Candidate Speech After Republican Party Of Minnesota V. White, Jan Witold Baran

Court Review: Journal of the American Judges Association

The people want to elect judges. Notwithstanding a typical Washington lawyer’s view of the judiciary enshrined in Article III of the Constitution, the citizens of 39 states insist that judges should be subject to electoral accountability and not be given lifetime appointments by the government elites. For that reason, 53% of state appellate judges must run in contested elections for an initial term on the bench (out of 1,243 judges). Likewise, 66% of state trial court judges (8,489) must first run in contested elections. Eight-seven percent of all state appellate and trial judges face some type of election for subsequent …

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Court Review: Volume 39, Issue 1 - Complete Issue Apr 2002

Court Review: Volume 39, Issue 1 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.

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Court Review: Volume 39, Issue 1 - Table Of Contents Apr 2002

Court Review: Volume 39, Issue 1 - Table Of Contents

Court Review: Journal of the American Judges Association

No abstract provided.

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Court Review: Volume 39, Issue 1 - Moving Problem-Solving Courts Into The Mainstream: A Report Card From The Ccj-Cosca Problem-Solving Courts Committee, Daniel J. Becker, Maura D. Corrigan Apr 2002

Court Review: Volume 39, Issue 1 - Moving Problem-Solving Courts Into The Mainstream: A Report Card From The Ccj-Cosca Problem-Solving Courts Committee, Daniel J. Becker, Maura D. Corrigan

Court Review: Journal of the American Judges Association

Five years ago the term “problemsolving courts” was not commonly used or understood in the court community. Today, however, the term describes over a thousand courts around the country. Problem-solving courts generally focus on the underlying chronic behaviors of criminal defendants. Acting on the input of a team of experts from the community, a problem-solving court judge orders the defendant to comply with an individualized plan and then the judge (with the assistance of the community team) exercises intensive supervision over the defendant to ensure compliance with the terms of the plan. Individualized plans may include participating in a treatment …

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Court Review: Volume 39, Issue 1 - Should Judges Be More Like Politicians?, Roy A. Schotland Apr 2002

Court Review: Volume 39, Issue 1 - Should Judges Be More Like Politicians?, Roy A. Schotland

Court Review: Journal of the American Judges Association

Judges sometimes are unrealistic. Whatever one’s view of the recent Pledge of Allegiance decision, do you remember Clinton v. Jones, in which eight justices had no doubt that there were no serious risks in allowing Paula Jones’ lawsuit to proceed against a sitting President?
The Supreme Court’s decision about judicial elections shows how unrealistic five justices can be about what happens in election campaigns, and also—ironically—about how much judges differ from legislators and others who run for office. Reality was captured concisely by Robert Hirshon, president of the American Bar Association, who said, “This is a bad decision. It will …

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Court Review: Volume 39, Issue 1 - The White Decision In The Court Of Opinion: Views Of Judges And The General Public, David B. Rottman Apr 2002

Court Review: Volume 39, Issue 1 - The White Decision In The Court Of Opinion: Views Of Judges And The General Public, David B. Rottman

Court Review: Journal of the American Judges Association

The U.S. Supreme Court’s first decision on judicial elections— Republican Party of Minnesota v. White—came on the heels of the first national opinion survey devoted entirely to judicial selection issues. In late 2001, 1,000 randomly selected members of the public and 2,500 state appellate and trial judges answered questions about their participation in judicial elections, opinions about current practices, and support for various reform proposals. Some questions were asked of judges and public alike, while other questions concentrated on their respective roles in the election process. The surveys were conducted on behalf of the Justice at Stake Campaign, a nationwide …

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Court Review: Volume 39, Issue 1 - Recent Criminal Decisions Of The United States Supreme Court: The 2001-2002 Term, Charles H. Whitebread Apr 2002

Court Review: Volume 39, Issue 1 - Recent Criminal Decisions Of The United States Supreme Court: The 2001-2002 Term, Charles H. Whitebread

Court Review: Journal of the American Judges Association

The United States Supreme Court’s 2001-2002 term at least gave the appearance of a more unified Supreme Court— at least when compared to the previous term, which was marked by an overwhelming number of 5-4 decisions—and featured several unanimous or near unanimous decisions. Specifically in the Fourth Amendment area, but also in other cases, the Court seemed at times to break free from the typical conservative-liberal divide that was so salient a year ago. This term, the Court confronted significant issues regarding the increased susceptibility to searches and seizures of bus passengers, students, and probationers; the death penalty and its …

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Court Review: Volume 39, Issue 1 - Recent Civil Decisions Of The United States Supreme Court: The 2001-2002 Term, Charles H. Whitebread Apr 2002

Court Review: Volume 39, Issue 1 - Recent Civil Decisions Of The United States Supreme Court: The 2001-2002 Term, Charles H. Whitebread

Court Review: Journal of the American Judges Association

The United States Supreme Court’s 2001-2002 term marked Chief Justice Rehnquist’s 30th anniversary on the bench. Given the continuing prominence of 5-4 splits along typically ideological lines, the chief justice’s leadership is as significant as it ever was. In the context of the Court’s civil decisions, the chief justice’s importance to the conservative bloc was demonstrated in the case immunizing states from privateparty complaints adjudicated by administrative agencies and in the Court’s acceptance of a policy permitting public vouchers to be used for religious school tuition. The Court also confronted significant issues regarding the First Amendment and limitations on protecting …

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Court Review: Volume 39, Issue 1 - A Crack At Federal Drafting, Joseph Kimble Apr 2002

Court Review: Volume 39, Issue 1 - A Crack At Federal Drafting, Joseph Kimble

Court Review: Journal of the American Judges Association

This will not be the first or last article that criticizes the style of drafting in federal statutes. But it will, I believe, be different in at least one respect: it will scrutinize the style in just one small slice of federal drafting in a way that should edify drafters of any legal document. In fact, this inspection should open the eyes of all legal writers—for I’ll identify some of the persistent, inexcusable failings that pervade all legal writing. I did this kind of thing once before in Court Review, using the final orders from the Clinton impeachment trial. If …

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Court Review: Volume 39, Issue 1 - Editor's Note Apr 2002

Court Review: Volume 39, Issue 1 - Editor's Note

Court Review: Journal of the American Judges Association

Most state court judges in the United States stand for election, whether it be one in which an opposing candidate can run or one in which an appointed judge stands for retention. Accordingly, questions concerning what judicial candidates can say during an election campaign are of great significance. At the end of its past term, the United States Supreme Court issued its first decision regarding the tension between the First Amendment and restrictions that have been placed by states on the speech of judicial candidates.

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Court Review: Volume 39, Issue 1 - The Resource Page Apr 2002

Court Review: Volume 39, Issue 1 - The Resource Page

Court Review: Journal of the American Judges Association

No abstract provided.

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Court Review: Volume 39, Issue 1 - Cover Apr 2002

Court Review: Volume 39, Issue 1 - Cover

Court Review: Journal of the American Judges Association

No abstract provided.

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Court Review: Volume 38, Issue 4 - Age Differences Among Judges Regarding Maternal Preference In Child Custody Decisions, Leighton Stamps Jan 2002

Court Review: Volume 38, Issue 4 - Age Differences Among Judges Regarding Maternal Preference In Child Custody Decisions, Leighton Stamps

Court Review: Journal of the American Judges Association

Over the last 30 to 40 years, sweeping changes have occurred in societal attitudes toward divorce. These changes have been reflected in the laws governing divorce and child custody as well as in the increasing rate of divorce in the United States. Just as divorce laws have changed, making the divorce process much less difficult, there have also been dramatic changes in custody and visitation statutes. From the mid-1800s until the 1960s, maternal preference was the general rule in the large majority of judicial custody decisions. During this period, the mother’s “natural ability” to nurture the child was considered as …

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Court Review: Volume 38, Issue 4 - Index Of Volume 38 Jan 2002

Court Review: Volume 38, Issue 4 - Index Of Volume 38

Court Review: Journal of the American Judges Association

No abstract provided.

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Court Review: Volume 38, Issue 4 - Complete Issue Jan 2002

Court Review: Volume 38, Issue 4 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.

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Court Review: Volume 38, Issue 4 - Table Of Contents Jan 2002

Court Review: Volume 38, Issue 4 - Table Of Contents

Court Review: Journal of the American Judges Association

No abstract provided.

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Court Review: Volume 38, Issue 4 - Cover Jan 2002

Court Review: Volume 38, Issue 4 - Cover

Court Review: Journal of the American Judges Association

No abstract provided.

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Court Review: Volume 38, Issue 4 - Saving The State Justice Institute, Jose Dimas Jan 2002

Court Review: Volume 38, Issue 4 - Saving The State Justice Institute, Jose Dimas

Court Review: Journal of the American Judges Association

Last fall, Congress seriously undermined efforts to strengthen and improve state court systems. The appropriations bill for FY 2002 funded the State Justice Institute (SJI) at $3 million and called for its demise by September 30, 2003.
SJI is the only federal institution dedicated to improving the state court systems. It does this primarily by funding national-scope court projects and the awarding of educational scholarships to court personnel. A national effort led by the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA) is under way in the court community to reverse this decision and gain …

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Court Review: Volume 38, Issue 4 - The Changing Role Of A Judge And Its Implications, Roger Hanson Jan 2002

Court Review: Volume 38, Issue 4 - The Changing Role Of A Judge And Its Implications, Roger Hanson

Court Review: Journal of the American Judges Association

There is a lot of talk these days about the role of a judge, especially among trial court judges. Frequently the discussion is framed in terms of whether the judiciary should be expected to behave in one of two polar-opposite ways. Should they be primarily almost aloof finders of fact, impartial and nearly devoid of intimate contact with and knowledge of litigants and their circumstances? Or should they be one of many possible partners to a diagnostic, therapeutic oriented response process to ameliorate underlying and messy problems of litigants? These choices confront judges with the creation and development of drug …

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Court Review: Volume 38, Issue 4 - Drug Treatment Programs: Policy Implications For The Judiciary, Arthur H. Garrison Jan 2002

Court Review: Volume 38, Issue 4 - Drug Treatment Programs: Policy Implications For The Judiciary, Arthur H. Garrison

Court Review: Journal of the American Judges Association

Drug use in the United States has been cited for the growth in American prisons over the past decade. Heroin, once considered a drug to be avoided and scorned, has had resurgence in use by middle-class youth and white-collar professionals due to the increased purity of the drug and the lack of need to use needles for ingestion. Naltrexone has been used as a method of helping heroin addicts to end their drug dependency, but such programs have limitations in their use and effectiveness. This paper is drawn from an evaluation of a drug treatment program in Wilmington, Delaware. The …

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Court Review: Volume 38, Issue 4 - Illinois V. Wardlow: The Empowerment Of Police, The Weakening Of The Fourth Amendment, Pamela Richardson Jan 2002

Court Review: Volume 38, Issue 4 - Illinois V. Wardlow: The Empowerment Of Police, The Weakening Of The Fourth Amendment, Pamela Richardson

Court Review: Journal of the American Judges Association

The Fourth Amendment of the United States Constitution protects the right of the people against unreasonable searches and seizures by requiring a probable cause showing in order to obtain a warrant before conducting such searches. Since the United States Supreme Court decided Terry v. Ohio in 1968, however, the words of the Fourth Amendment have been questioned and the rights of the individual challenged. When the Court decided Illinois v. Wardlow in 2000, it was made clear that the words once written to protect all Americans do not pertain to those residing in locations deemed “highcrime areas.”

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