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Full-Text Articles in Jurisprudence
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 - “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 - President's Column, Bonnie Sudderth
Court Review: Volume 38, Issue 3 - President's Column, Bonnie Sudderth
Court Review: Journal of the American Judges Association
Benjamin Franklin, one of America’s founding fathers, was said to have remarked that anyone who would sacrifice liberty for the sake of safety deserved neither. Yet that is exactly the balancing act that the United States, and indeed other free nations, face as we endure the aftermath of September 11. Will September 11 be remembered as the day that our liberties were tested and lost? Or will it be the day that we began a serious debate over how much, if any, liberty we as a nation can sacrifice for the sake of safety and still be a nation of …
Court Review: Volume 38, Issue 3 - Resource Page
Court Review: Volume 38, Issue 3 - Resource Page
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 38, Issue 2 - Afterword, Bryan A. Garner
Court Review: Volume 38, Issue 2 - Afterword, Bryan A. Garner
Court Review: Journal of the American Judges Association
That said, Judge Posner’s response here is off the mark (he doesn’t distinguish citational from substantive footnotes, and therefore doesn’t address my main thesis), based on an irrelevant standard (our opinions are short enough as it is), self-contradictory (a judge can always use footnotes to shorten the text), and downright quirky (opinions shouldn’t have a “spurious air of scholarship”). Although opinions may not be scholarship, their very essence is reasoning, and the citations that judges now throw on the page can obscure the reasoning for both the reader and the writer.
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 2 - Against Footnotes, Richard A. Posner
Court Review: Volume 38, Issue 2 - Against Footnotes, Richard A. Posner
Court Review: Journal of the American Judges Association
The obvious objection to footnotes is that they force the reader to interrupt the reading of the text with glances down to the bottom of the page. They prevent continuous reading. In doing so they make the reader work harder for the same information. In articles, which are (in law anyway) usually much longer than judicial opinions, and a fortiori in books, bringing citations into the text would elongate the text unduly. But opinions, as I say, usually are short; the two opinions of mine that Garner quotes from in his article are only 1,300 and 2,700 words respectively, while …
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 2 - Editor's Note
Court Review: Volume 38, Issue 2 - Editor's Note
Court Review: Journal of the American Judges Association
In early July, when I opened the Sunday New York Times, I was surprised to see a front- page article devoted to whether legal citations in court opinions should appear in text or be placed in footnotes. Before the end of the day— thanks to the modern miracle of e-mail and people so driven that they are online on Sundays—both Bryan Garner and Judge Richard Posner, each among the best writers the legal world has known, had agreed to write articles on this topic for Court Review. The next day, Justice Rodney Davis joined the group and the debate over …
Court Review: Volume 38, Issue 2 - Cover
Court Review: Volume 38, Issue 2 - Cover
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 38, Issue 2 - Table Of Contents
Court Review: Volume 38, Issue 2 - Table Of Contents
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 38, Issue 2 - Clearing The Cobwebs From Judicial Opinions, Bryan A. Garner
Court Review: Volume 38, Issue 2 - Clearing The Cobwebs From Judicial Opinions, Bryan A. Garner
Court Review: Journal of the American Judges Association
Ipropose that judges, in their opinions, put citations in footnotes and generally abstain from using substantive footnotes. And I propose that courts adopt a rule that brief writers may single-space footnotes if they contain only citations (or parentheticals coupled with citations) but must double space all footnotes that contain sentences. These simple proposals, if widely adopted, would promote better writing within the legal profession by encouraging legal writers to: • Use shorter sentences. • Compose paragraphs that are more coherent and forceful. • Lead their readers to focus on ideas, not numbers. • Lay bare poor writing and poor thinking. …
Court Review: Volume 38, Issue 2 - First Things First: The Lost Art Of Summarizing, Joseph Kimble
Court Review: Volume 38, Issue 2 - First Things First: The Lost Art Of Summarizing, Joseph Kimble
Court Review: Journal of the American Judges Association
If you value clarity, if you insist on lighting the way for your reader, then you’ll provide good summaries where they belong in just about every piece of legal writing: up front. You should always have one at the beginning or near the beginning, and if you’re dealing with multiple issues, you should have one at the beginning of each issue. Call them what you will—summaries, overviews, brief answers, thesis statements, synopses—they are central to clear writing: A vast amount of empirical research has studied the effects of overviews on learning from written prose. The research support for this principle …
Court Review: Volume 38, Issue 2 - Extrajudicial Speech: Navigating Perils And Avoiding Pitfalls, William G. Ross
Court Review: Volume 38, Issue 2 - Extrajudicial Speech: Navigating Perils And Avoiding Pitfalls, William G. Ross
Court Review: Journal of the American Judges Association
In its biting opinion, the U.S. Court of Appeals for the District of Columbia castigated Judge Jackson for giving media interviews and public speeches in which he made remarkably astringent remarks about Microsoft. Among his more colorful comments, the judge mused that Bill Gates had Napoleonic hubris and he likened the break-up of Microsoft to swatting a recalcitrant mule with a two-by-four. Among his more potentially prejudicial remarks were his speculation to reporters— before his order splitting Microsoft—that ‘a break-up is inevitable” and his post-trial comments disparaging the credibility of trial witnesses.
Court Review: Volume 38, Issue 2 - Recent Criminal Decisions Of The United States Supreme Court: The 2000-2001 Term, Charles H. Whitebread
Court Review: Volume 38, Issue 2 - Recent Criminal Decisions Of The United States Supreme Court: The 2000-2001 Term, Charles H. Whitebread
Court Review: Journal of the American Judges Association
The United States Supreme Court’s 2000-2001 term will always be remembered for the Court’s role in deciding the outcome of the contemporaneous presidential election. Despite the notoriety of that decision, the rest of the term was relatively uneventful. Marked by recurrent split decisions, the Court addressed significant issues regarding an individual’s Fourth Amendment rights in the face of technological advance and law enforcement authority, the death penalty, and other topics of criminal procedure.
Court Review: Volume 38, Issue 2 - The President's Column, Bonnie Sudderth
Court Review: Volume 38, Issue 2 - The President's Column, Bonnie Sudderth
Court Review: Journal of the American Judges Association
Every day, all across the United States, Canada, and Mexico, judges go about the business of dispensing justice. But absolute justice, like any other ideal, can never be fully realized, because its achievement would require human infallability. Nevertheless, while it may never be fully realized on this earth, the quest for justice is an endeavor of the noblest order. For judges in courts of law and equity, it is the ultimate endeavor of our profession. It is upon that endeavor that our system of justice is premised, and without which our system of justice would fail.
Court Review: Volume 38, Issue 1 - Table Of Contents
Court Review: Volume 38, Issue 1 - Table Of Contents
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 38, Issue 1 - Coming To A Court Near You: An Unlicensed Immigrant Driver, Mary A. Celeste
Court Review: Volume 38, Issue 1 - Coming To A Court Near You: An Unlicensed Immigrant Driver, Mary A. Celeste
Court Review: Journal of the American Judges Association
There are currently as many as 13 million illegal immigrants in the United States; 5 million are illegal Mexican immigrants, with 46,000 living in my home state of Colorado. There is a push by the Mexican government at both the state and federal levels to change the legal status of those immigrants. President Vicente Fox of Mexico recently added the issue of permitting undocumented migrants to apply for a driver’s license to his agenda for a meeting with governors from the United States. On the federal level, President Bush is now weighing plans to grant legal residency to Mexican illegal …
Court Review: Volume 38, Issue 1 - President's Column, Chris Williams
Court Review: Volume 38, Issue 1 - President's Column, Chris Williams
Court Review: Journal of the American Judges Association
To further this objective, COSCA’s Policy and Liaison Committee appointed Dr. Hugh Collins of Louisiana as liaison to the AJA. It is my hope that we continue this connection with other associations and that we continue our liaison, through our president and president-elect, not only to CCJ and COSCA, but also to the State Justice Institute, the National Association of State Judicial Educators (NASJE), the National Association for Court Management (NACM), the National Conference of Court Public Information Officers, the National College of Probate Judges, the National Conference of Metropolitan Courts, the National Court Reporters Association, the National Association of …
Court Review: Volume 38, Issue 1 - Courting Justice With The Heart: Emotional Intelligence In The Courtroom, Nancy Perry Lubiani, Patricia H. Murrell
Court Review: Volume 38, Issue 1 - Courting Justice With The Heart: Emotional Intelligence In The Courtroom, Nancy Perry Lubiani, Patricia H. Murrell
Court Review: Journal of the American Judges Association
American culture certainly has a word for sadness. In fact, we have several words, depression, dejection, sorrow, melancholy, despondency, and even a few colloquial phrases: “the blues,” “down in the dumps.” Sadness is probably one of the mildest emotions that judges see in their courtroom. On any given day they might also see anger, frustration, fear, impatience, apathy, boredom, awe, respect, intimidation, perhaps even some of the more welcome emotions, such as happiness, relief, or even joy, and that is just when the judge is on the bench. The list could go on and on. Other aspects of judicial work …
Court Review: Volume 38, Issue 1 - Cover
Court Review: Volume 38, Issue 1 - Cover
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 38, Issue 1 - Complete Issue
Court Review: Volume 38, Issue 1 - Complete Issue
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 38, Issue 1 - Chief Justice John Marshall: Soldier Of The Revolution, Stephen J. Mcewen Jr.
Court Review: Volume 38, Issue 1 - Chief Justice John Marshall: Soldier Of The Revolution, Stephen J. Mcewen Jr.
Court Review: Journal of the American Judges Association
John Marshall was an individual of many gifts, versatility, character, and accomplishment. A superb advocate, he served his country as an American Commissioner in Paris, Congressman, Secretary of War, and Secretary of State. Thus, the life of John Marshall goes beyond epochal, while the legend of Chief Justice John Marshall is ageless. All of which has obscured John Marshall the Soldier. By the time that a full decade of British oppression had escalated to the April 1775 battles at Lexington and Concord, and had inspired the bold, stirring declamation of Patrick Henry to “Give me liberty, or give me death,” …
Court Review: Volume 38, Issue 1 - Robes And Rehabilitation: How Judges Can Help Offenders “Make Good”, David B. Wexler
Court Review: Volume 38, Issue 1 - Robes And Rehabilitation: How Judges Can Help Offenders “Make Good”, David B. Wexler
Court Review: Journal of the American Judges Association
Problem-solving courts—such as drug treatment courts, mental health courts, and domestic violence courts—may be the most obvious examples of “therapeutic jurisprudence in action,” but it is crucial to recognize the potential application of therapeutic jurisprudence generally—in civil cases, appellate cases, family law cases, and, of course, in criminal and juvenile cases. The importance of the therapeutic jurisprudence perspective beyond the specialized problem-solving court context was underscored by a “vision statement” recently agreed to by the District Court for Clark County, Washington.
Court Review: Volume 38, Issue 1 - Editor's Note
Court Review: Volume 38, Issue 1 - Editor's Note
Court Review: Journal of the American Judges Association
Reactions to the lead article in this issue may vary greatly. Some will find its conclusions surprising, while others will simply find new labels for concepts they already understand. Nancy Perry Lubiani and Patricia H. Murrell apply the concepts of emotional intelligence to judges, including suggestive evidence that judges who are rated best in bar association surveys are the ones who score highest in emotional intelligence. Another article follows up on our Spring 2000 special issue on therapeutic jurisprudence: David Wexler returns with some specific thoughts on how judges can promote offender rehabilitation.
Court Review: Volume 38, Issue 1 - Letters
Court Review: Volume 38, Issue 1 - Letters
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 38, Issue 1 - The Resource Page
Court Review: Volume 38, Issue 1 - The Resource Page
Court Review: Journal of the American Judges Association
No abstract provided.