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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
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 …
Court Review: Volume 39, Issue 1 - Should Judges Be More Like Politicians?, Roy A. Schotland
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 …
Court Review: Volume 39, Issue 1 - Cover
Court Review: Volume 39, Issue 1 - Cover
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 1 - President's Column, Bonnie Sudderth
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 …
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: 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 …
Court Review: Volume 39, Issue 1 - Table Of Contents
Court Review: Volume 39, Issue 1 - Table Of Contents
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 1 - Complete Issue
Court Review: Volume 39, Issue 1 - Complete Issue
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 1 - Recent Criminal Decisions Of The United States Supreme Court: The 2001-2002 Term, Charles H. Whitebread
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 …
Court Review: Volume 39, Issue 1 - A Crack At Federal Drafting, Joseph Kimble
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 …
Court Review: Volume 39, Issue 1 - The Resource Page
Court Review: Volume 39, Issue 1 - The Resource Page
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 38, Issue 4 - Age Differences Among Judges Regarding Maternal Preference In Child Custody Decisions, Leighton Stamps
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 …
Court Review: Volume 38, Issue 4 - The Resource Page
Court Review: Volume 38, Issue 4 - The Resource Page
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 38, Issue 4 - Illinois V. Wardlow: The Empowerment Of Police, The Weakening Of The Fourth Amendment, Pamela Richardson
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.”
Court Review: Volume 38, Issue 4 - Complete Issue
Court Review: Volume 38, Issue 4 - Complete Issue
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 38, Issue 4 - Index Of Volume 38
Court Review: Volume 38, Issue 4 - Index Of Volume 38
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 38, Issue 4 - The Changing Role Of A Judge And Its Implications, Roger Hanson
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 …
Court Review: Volume 38, Issue 4 - Saving The State Justice Institute, Jose Dimas
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 …
Court Review: Volume 38, Issue 4 - Editor's Note
Court Review: Volume 38, Issue 4 - Editor's Note
Court Review: Journal of the American Judges Association
In the lead article in this issue, court consultant Roger Hanson examines the implications of the changing role of the judge. He rightly notes that judging today is not exactly what it was 30 years ago and asks how changes in the perceptions of the proper judicial role have affected the behavior of judges. For most of us, we tend to do our jobs on a daily basis without conscious thought about the various roles we play (e.g., law applier, mediator, policy maker), let alone the expectations of others about our performance of each of those roles. Although Hanson draws …
Court Review: Volume 38, Issue 4 - Drug Treatment Programs: Policy Implications For The Judiciary, Arthur H. Garrison
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 …
Court Review: Volume 38, Issue 4 - Cover
Court Review: Volume 38, Issue 4 - Cover
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 38, Issue 4 - President's Column, Bonnie Sudderth
Court Review: Volume 38, Issue 4 - President's Column, Bonnie Sudderth
Court Review: Journal of the American Judges Association
Zeal and tunnel vision replace the cool detachment that law school instills. Just as a doctor should never self-diagnose, a lawyer, too, should not self-represent. This point was never driven home more for me than when, at the end of a lengthy jury trial of a boring commercial dispute involving a self-represented attorney, a juror asked me, “Does he beat his wife?” Not only had the attorney done a poor job in representing himself (he lost), but his over-passionate arguments and extreme positions left the jurors with the distinct impression that he was emotionally unstable, perhaps even dangerous.
Court Review: Volume 38, Issue 4 - Table Of Contents
Court Review: Volume 38, Issue 4 - Table Of Contents
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 38, Issue 3 - “You Don’T Have To Hear, Just Interpret!”: How Ethnocentrism In The California Courts Impedes Equal Access To The Courts For Spanish Speakers, Roxana Cardenas
Court Review: Journal of the American Judges Association
This article analyzes the legal field’s apparent lack of interest in interpreter-related problems as a major barrier to ensuring equal access to the courts for Spanish speakers. It also seeks to dispel certain myths or misinformation about the function of interpreters by delving into a particular infamous case that involved the misuse of interpreters: the O.J. Simpson case.
Court Review: Volume 38, Issue 3 - On The Importance Of Suggestibility Research In Assessing The Credibility Of Children’S Testimony, David A. Martindale
Court Review: Volume 38, Issue 3 - On The Importance Of Suggestibility Research In Assessing The Credibility Of Children’S Testimony, David A. Martindale
Court Review: Journal of the American Judges Association
In the spring of 1999, Professor Thomas Lyon of the University of Southern California Law School published a lengthy law review article in which he argued that the introduction into evidence of research on the suggestibility of child witnesses was not of assistance to triers of fact.1 Lyon’s article has found its way into judicial training packets and has been posted to electronic bulletin boards sponsored by organizations with interest in custody evaluations, psychology and law, and related topics. Because judges are soon likely to encounter arguments based upon Lyon’s article, I wish to alert judges to what I believe …
Court Review: Volume 38, Issue 3 - On Judicial Independence Under Pressure, Procter Hug Jr.
Court Review: Volume 38, Issue 3 - On Judicial Independence Under Pressure, Procter Hug Jr.
Court Review: Journal of the American Judges Association
Although our legal system is the envy of much of the world, we hear much criticism in our own country of lawyers and judges. But we should take real pride in the contribution of judges and lawyers to the formation of our country. Of the 55 delegates to amend the Articles of Confederation, which we now call the Constitutional Convention, 60% were lawyers or judges. Throughout the succeeding years, lawyers and judges have guided the continuing development of our system of government. I stress continuing development because it is not something like climbing a hill when we can say, “Ahhah! …
Court Review: Volume 38, Issue 3 - Complete Issue
Court Review: Volume 38, Issue 3 - Complete Issue
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 38, Issue 3 - Table Of Contents
Court Review: Volume 38, Issue 3 - Table Of Contents
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 38, Issue 3 - Editor's Note
Court Review: Volume 38, Issue 3 - Editor's Note
Court Review: Journal of the American Judges Association
Our issue begins with Judge Procter Hug, Jr.’s thoughts on judicial independence under pressure. We reprint the remarks he gave as the featured speaker at the American Judges Association’s annual educational conference in October 2001. Judge Hug’s comments, as well as those of AJA president Bonnie Sudderth in her president’s column, deal with issues faced by judges in times of crisis, including in the aftermath of the September 11, 2001 terrorist attacks in the United States.
Court Review: Volume 38, Issue 3 - Recent Civil Decisions Of The United States Supreme Court: The 2000-2001 Term, Charles H. Whitebread
Court Review: Volume 38, Issue 3 - Recent Civil Decisions Of The United States Supreme Court: The 2000-2001 Term, Charles H. Whitebread
Court Review: Journal of the American Judges Association
The Supreme Court’s role in the 2000 presidential election sparked intense national debate and will be the sole decision for which this term will be remembered. Although no other decisions rose to same level of political or popular significance, the Court confronted various civil-law topics of particular interest. Among them were issues concerning immigrant rights, interpretation of significant statutes such as the Americans with Disabilities Act, and important matters regarding the First Amendment and federalism.
Court Review: Volume 38, Issue 3 - Let’S Not Exaggerate The Suggestibility Of Children, Thomas D. Lyon
Court Review: Volume 38, Issue 3 - Let’S Not Exaggerate The Suggestibility Of Children, Thomas D. Lyon
Court Review: Journal of the American Judges Association
I’m grateful to Dr. Martindale for introducing the reader to an important and lively debate among practitioners and academics over the relevance of recent research on children’s suggestibility. In my Cornell Law Review article, I argued that the recent research on suggestibility was inspired by highly coercive interviewing techniques in widely publicized cases that are not the norm in child sexual abuse investigations. These techniques include telling children that they have been abused, telling children that a particular person is the abuser, and asking children to imagine details regarding how abuse could have taken place. Moreover, I argued that the …