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Court Review: Journal Of The American Judges Association, Vol. 56, No. 1

Court Review: Journal of the American Judges Association

Court Review, the quarterly journal of the American Judges Association, invites the submission of unsolicited, original articles, essays, and book reviews. Court Review seeks to provide practical, useful information to the working judges of the United States and Canada. In each issue, we hope to provide information that will be of use to judges in their everyday work, whether in highlighting new procedures or methods of trial, court, or case management, providing substantive information regarding an area of law likely to be encountered by many judges, or by providing background information (such as psychology or other social science research) …

Court Review: Journal Of The American Judges Association, Vol. 55, No. 3

Court Review: Journal of the American Judges Association

Court Review, the quarterly journal of the American Judges Association, invites the submission of unsolicited, original articles, essays, and book reviews. Court Review seeks to provide practical, useful information to the working judges of the United States and Canada. In each issue, we hope to provide information that will be of use to judges in their everyday work, whether in highlighting new procedures or methods of trial, court, or case management, providing substantive information regarding an area of law likely to be encountered by many judges, or by providing background information (such as psychology or other social science research) that …

Court Review: Journal Of The American Judges Association, Vol. 55, No. 3, Eve M. Brank, David Dreyer, David Prince

Court Review: Journal of the American Judges Association

Civil Cases in the Supreme Court’s October 2018 Term by Todd E. Pettys

Do Judges’ Instructions about Eyewitnesses Really Work?: A 2019 Update by Christine M. McDermott and Monica K. Miller

Elected v. Appointed: Who Wins? Judicial Selection — Book Review/Q&A by David J. Dreyer

Editor’s Note

President’s Column

Crossword

Thoughts from Canada

The Resource Page

Justice Scalia And The Rule Of Law: Originalism Vs. The Living Constitution, Richard F. Duncan

Nebraska College of Law: Faculty Publications

Justice Antonin Scalia's sudden death in February, 2016, was a great loss for his family, a great loss for his friends, and a great loss for the "Written Constitution" of the United States of America. We will have no more of his brilliant, witty, and pugnacious judicial opinions. Instead, we will have to settle for the body of work he left behind as his legacy. But, as one commentator has said, his opinions are "so consistent, so powerful, and so penetrating in their devotion to the rule of law"—the real rule of law, not the political decrees of judges creating …

Procedural Due Process In Modern Problem-Solving Courts: An Application Of The Asymmetric Immune Knowledge Hypothesis, Leah C. Georges

Department of Psychology: Dissertations, Theses, and Student Research

Problem-solving courts, such as drug and mental health courts, function under the model of therapeutic jurisprudence—the idea that legal policies and procedures should help and not harm clients, within the confines of the law (Winick & Wexler, 2002). Although it would seem that the lack of procedural due process in most problem-solving courts is in direct opposition to the best interests of a client, it is possible that observers find this more of a problem than do the court clients themselves. This two-experiment study applied Igou’s (2008) AIK hypothesis to problem-solving courts’ practice of sanctioning in the absence of due …

The Nebraska State Constitution: A Reference Guide (2d Ed. 2009): Table Of Cases, Anthony B. Schutz

Nebraska State Constitution

No abstract provided.

Court Review: Volume 45, Issue 1/2 – Cover

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 45, Issue 1/2 – Complete Issue

Court Review: Journal of the American Judges Association

Table of Contents:
The Case of Standing Bear: Establishing Personhood under the Law by Joe Starita

Sovereign Comity: Factors Recognizing Tribal Court Criminal Convictions in State and Federal Courts by Matthew L.M. Fletcher

Wisconsin’s Experience in Allocating Jurisdiction between State and Tribal Courts by Beth Ermatinger Hanan and William H. Levit, Jr.

Beyond Minimum Standards: Federal Requirements and State Interpretations of the Indian Child Welfare Act by Kathryn E. Fort

American Indian Law Research for State Courts by Nancy Carol Carter

Assumptions Regarding Indians and Judicial Humility: Thoughts from a Property-Law Lens by Ezra Rosser

From Conflict to Cooperation: State …

Court Review: Volume 41, Issue 3-4 - The Resource Page: Focus On Judicial Campaign-Conduct Rules

Court Review: Journal of the American Judges Association

Editor’s Note: There are about 8,500 state general-jurisdiction trial-court judges in the United States; of those, 77% stand for some sort of contestable election and 87% stand for some form of election. There are about 1,250 state appellate judges in the United States; of those, 53% stand for some sort of contestable election and 87% stand for some form of election. (See Court Review, Summer 2004, at 21.) In addition, there are thousands of additional, limited-jurisdiction judges also subject to election. Thus, the rules governing election-campaign conduct by judges are of great significance.

In 2002, in Republican Party of Minnesota …

Civil Case Appellate Standards Of Review (And A Very Few Unavoidable Related Propositions Of Law), Updated And Revised (Current Through August 3, 2007), Alan G. Gless

State of Nebraska Judicial Branch

Why would a district court judge write about or revise an appellate court judge’s work on appellate standards of review and related propositions of law in civil cases? Well, two reasons – a change in legal mind set and fifteen years’ worth of changes in appellate practice. First, and foremost, when Judge Irwin collected in a single work his 1992 Standards of Review and Propositions of Law, Civil, he was the first in recent Nebraska legal history to do so. Those of us who have used his work owe him our thanks; his contribution was invaluable to both the bench …

Recent Criminal Decisions Of The United States Supreme Court: The 2005-2006 Term, Charles Whitebread

Court Review: Journal of the American Judges Association

In this term, as in the previous one, the United States Supreme Court reasserted the rule of law in the context of the detainees in the war on terror. At the same time, however, the addition of two new justices shifted the Court’s ideological balance to the right. In terms of criminal cases, the Court handed down a mixed bag of decisions. It was a bad term for Fourth Amendment claimants with the government prevailing in four of five search-and-seizure cases. Outside the context of the Fourth Amendment, however, criminal defendants fared a little better.
In this article, I review …

Court Review: Volume 43, Issue 1 - Cover

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 43, Issue 1 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 43, Issue 1 - Table Of Contents

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 43, Issue - Editor's Note

Court Review: Journal of the American Judges Association

I’m pleased to announce some long-term changes that I believe will greatly improve Court Review. Alan Tomkins, a law and psychology professor with experience in editing a similar journal, has agreed to join me as coeditor. As you’ll see from a greater description of his background, he brings a great number of valuable contacts throughout both the academic world and the judiciary.

Court Review: Volume 43, Issue 1 - President's Column, Steve Leben

Court Review: Journal of the American Judges Association

The American Judges Association is the Voice of the Judiciary.® So says the United States Patent and Trademark Office, which accepted the AJA’s registration of this service mark on the principal register for patents and trademarks on March 27, 2007. This column will seek to answer two questions: What does this mean? And how did it come about?

Grounding Frequent Filers: The Trend Of Revoking The Special Status Of Overly Litigious Pro Se Litigants, Michael G. Langan

Court Review: Journal of the American Judges Association

Since the early 1990s, federal courts in the Second and Third Circuits have, with increasing frequency, revoked the special status of pro se civil litigants who have been overly litigious. This article discusses the reasons for this trend’s appearance in the Second and Third Circuits, the rationales for the trend, the fairness of the trend, and some practical advice for courts and practitioners wrestling with the issue of whether or not the special status of a particularly litigious pro se litigant should be revoked.

Evaluating Court Processes For Determining Indigency, Elizabeth Neeley, Alan J. Tomkins

Court Review: Journal of the American Judges Association

The Sixth Amendment to the Constitution guarantees all people accused of a crime the right to legal counsel. In the landmark 1963 decision Gideon v. Wainright, ¹ the United States Supreme Court affirmed the right of indigent defendants to have counsel provided. But Gideon did not end the Supreme Court’s discussion of the circumstances in which the state is required to provide defendants with an attorney when they claim not to have the means to pay for one. ² Nor did it end the states’ examination of the requirement of any legal assistance paid for by taxpayers. ³ Moreover, …

Court Review: Volume 43, Issue 1 - The Resource Page

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 44, Issue 1/2 – The Resource Page

Court Review: Journal of the American Judges Association

Websites

Court Review: Volume 43, Issue 4 – Cover

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 44, Issue 4 – Resource Page

Court Review: Journal of the American Judges Association

Websites of Interest
New books

Court Review: Volume 44, Issue 3 – In Memory Of Charles H. Whitebread, Steve Leben

Court Review: Journal of the American Judges Association

On September 16, 2008, the American Judges Association lost its best and most loyal friend. Law professor Charles H. Whitebread died that day of lung cancer at the age of 65.

Court Review: Volume 44, Issue 4 – Editor’S Note, Steve Leben

Court Review: Journal of the American Judges Association

One of the great things about editing the journal of the American Judges Association is that you can ask some of the leading experts in various legal fields to write articles for us, and because they will be speaking directly to judges, they usually agree. Our lead article in this issue is a great example.

Court Review: Volume 44, Issue 3 – Selected Criminal Law Cases In The Supreme Court’S 2007-2008 Term, And A Look Ahead, Charles D. Weisselberg

Court Review: Journal of the American Judges Association

The U.S. Supreme Court’s October 2007 Term had a substantial and notable criminal docket. There were very significant Second, Sixth, and Eighth Amendment decisions as well as important rulings relating to basic habeas corpus principles and federal statutes. This article provides a selected overview of the Term with a heavy emphasis on those cases that may have the greatest impact upon the states. The article also suggests some questions left open by the Court’s opinions and provides some preliminary indications of how several decisions are being received in state and federal courts. It concludes with a preview of some cases …

Court Review: Volume 44, Issue 4 – President’S Column, Tam Schumann

Court Review: Journal of the American Judges Association

As your president, I have attended meetings of the Conference of the Chief Justices and of the National Association for Court Management. The focus of both conferences was the fiscal crisis confronting us. From chief justices to nonjudicial employees, the dominating topic of conversation was how do we survive the harsh reality of our economic times? I thought it would be of interest to share with you information collected by NCSC’s Budget Resource Center as to what some states have done in response.

Nebraska Probation Revocation: A Primer (2007 Revision), Alan G. Gless

State of Nebraska Judicial Branch

The law of probation revocation developed rapidly over the eighteen years preceding this article’s 1989 appearance. While its development has slowed substantially since then, it continues to evolve. The overall field of Nebraska probation revocation remains essentially unchanged from the way it was in 1989 when this article first appeared. The case law has neither burgeoned dramatically nor altered the scenery in major ways, although, it has added a few refinements. But important procedural and substantive wrinkles have appeared through 2003 statutory amendments to the steps probation officers must take in responding to probationers’ violations of the conditions of their …

Court Review: Volume 44, Issue 3 – Table Of Contents

Court Review: Journal of the American Judges Association

Charles H. Whitebread by Steve Leben

Selected Criminal Law Cases in the Supreme Court’s 2007-2008 Term, and a Look Ahead by Charles D. Weisselberg

When Should Judges Use Alcohol Monitoring as a Sentencing Option in DWI Cases? by Victor E. Flango and Fred Cheesman

Roadside Seizures of Medical Marijuana: Public Safety and Public Policy as Limitations upon Transporting and the Return of Lawfully Seized Medical Marijuana by Cameron Mostaghim

Editor’s Note

President’s Column

The Resource Page

Court Review: Volume 44, Issue 1/2 – Adding Color To The White Paper: Time For A Robust Reciprocal Relationship Between Procedural Justice And Therapeutic Jurisprudence, David B. Wexler

Court Review: Journal of the American Judges Association

Judges Kevin Burke and Steve Leben, in Procedural Fairness: A Key Ingredient in Public Satisfaction, have produced a most impressive White Paper. It is handy, brief, crisp, readable, and immensely practical.

The document draws on, and makes most accessible, the research on procedural justice, demonstrating convincingly the importance of judges understanding and implementing in their courtrooms concepts such as “voice” and “respect.” Judges Burke and Leben claim procedural justice to be “the” critical element in public trust and confidence regarding the court system. They note, too, the role procedural fairness likely plays in increased compliance with court orders and even …

Court Review: Volume 44, Issue 1/2 – Children And Procedural Justice, Victoria Weisz, Twila Wingrove, April Faith-Slaker

Court Review: Journal of the American Judges Association

The American Judges Association’s White Paper that forms the centerpiece of this issue begins with the recognition that even first graders have an understanding of procedural fairness. Developmental research has indeed established that young children are able to evaluate the fairness of activities and that they have a more positive perception of activities they deem to be more fair. Until recently, however, there has been little concern in the U.S. regarding children’s experiences of legal processes and procedures. In fact, children were not generally expected or encouraged to directly participate in most legal processes, even those where they were a …