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Full-Text Articles in Jurisprudence
Grounding Frequent Filers: The Trend Of Revoking The Special Status Of Overly Litigious Pro Se Litigants, Michael G. Langan
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.
Court Review: Volume 43, Issue 1 - Complete Issue
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: Volume 43, Issue 1 - Table Of Contents
Court Review: Journal of the American Judges Association
No abstract provided.
Recent Criminal Decisions Of The United States Supreme Court: The 2005-2006 Term, Charles Whitebread
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 - President's Column, Steve Leben
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?
Court Review: Volume 43, Issue - Editor's Note
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 - Cover
Court Review: Volume 43, Issue 1 - Cover
Court Review: Journal of the American Judges Association
No abstract provided.
Evaluating Court Processes For Determining Indigency, Elizabeth Neeley, Alan J. Tomkins
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: Volume 43, Issue 1 - The Resource Page
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 44, Issue 3 – President’S Column, Tam Schumann
Court Review: Volume 44, Issue 3 – President’S Column, Tam Schumann
Court Review: Journal of the American Judges Association
In every issue of Court Review, some new members of the American Judges Association are introduced to the AJA through this column. Others turn here for an update. As the AJA’s new president, my first column is a good time to look both backwards at recent activities and forward at the next year’s work.
The AJA today has more than 2,000 members, including judges at all levels of the judiciary—-trial and appellate judges, general-jurisdiction and limited-jurisdiction trial judges, and judges in both the United States and Canada. In fact, we have 150 Canadian members, something that greatly enriches the interchange …
Court Review: Volume 43, Issue 4 – Breaking News: Miller Is Distinguishable From Branzburg, Levon Schlichter
Court Review: Volume 43, Issue 4 – Breaking News: Miller Is Distinguishable From Branzburg, Levon Schlichter
Court Review: Journal of the American Judges Association
Amidst a fog of political divisiveness, Judith Miller found herself in the untenable situation of having to breach the journalists’ code of ethics, as well as her own personal promise of confidentiality, or go to jail. According to the government, she had obtained illegally disclosed information from a high-ranking member of President George W. Bush’s administration. Eventually, a grand jury issued Miller a subpoena that directed her to breach her promise of confidentiality by revealing the identity of her source. Miller claimed that she had a First Amendment right to withhold her confidential information from the grand jury. The court …
Court Review: Volume 43, Issue 4 – A Judges’ Guide To Using Social Science, John Monahan, Laurens Walker
Court Review: Volume 43, Issue 4 – A Judges’ Guide To Using Social Science, John Monahan, Laurens Walker
Court Review: Journal of the American Judges Association
Since the first glimmerings of legal realism early in this century, American courts have been remarkably open to using social science research when that research could help resolve empirical issues that arise in litigation. Increasingly in recent decades, courts have sought out research data on their own when the parties have failed to provide them. Social scientists, for their part, are investigating questions of judicial interest at an accelerating pace. In this article, we examine the three principal uses that courts have found for social science research. For each use, we review early and current approaches to dealing with social …
Court Review: Volume 44, Issue 1/2 – Table Of Contents
Court Review: Volume 44, Issue 1/2 – Table Of Contents
Court Review: Journal of the American Judges Association
Table of Contents:
Procedural Fairness: A Key Ingredient in Public Satisfaction by Kevin Burke and Steve Leben
Procedural Justice and the Courts By Tom R. Tyler
Procedural Fairness as a Court Reform Agenda by David B. Rottman
Children and Procedural Justice by Victoria Weisz, Twila Wingrove, and April Faith-Slaker
Procedural Fairness in the California Courts by Douglas Denton
The Perceptions of Self-Represented Tenants in a Community-Based Housing Court by Rashida Abuwala and Donald J. Farole
Decision Makers and Decision Recipients: Understanding Disparities in the Meaning of Fairness by Diane Sivasubramaniam and Larry Heuer
Fair Procedures, Yes. But We Dare Not …
Court Review: Volume 44, Issue 3 – Table Of Contents
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 43, Issue 4 – Table Of Contents
Court Review: Volume 43, Issue 4 – Table Of Contents
Court Review: Journal of the American Judges Association
A Judges’ Guide to Social Science by John Monahan & Laurens Walker
Mental Illness and the Courts: Some Reflections on Judges as Innovators by John P. Petrila & Allison D. Redlich
Cautions About Applying Neuroscience to Batterer Intervention by Edward Gondolf
Breaking News: Miller is Distinguishable from Branzburg by Levon Q. Schlichter
Editor’s Note
President’s Column
The Resource Page
Court Review: Volume 44, Issue 4 – Complete Issue
Court Review: Volume 44, Issue 4 – Complete Issue
Court Review: Journal of the American Judges Association
Table of Contents:
An American Judge at the European Court of Human Rights by Donald Shaver
Punitive Damages After Philip Morris USA v. Williams by Benjamin C. Zipursky
From Investigation to Implementation: Factors for Successful Commissions on the Elimination of Racial and Ethnic Bias by Elizabeth Neeley
Editor’s Note
President’s Column
Court Review: The Ten-Year Index
The Resource Page
Court Review: Volume 44, Issue 1/2 – President’S Column, Eileen Olds
Court Review: Volume 44, Issue 1/2 – President’S Column, Eileen Olds
Court Review: Journal of the American Judges Association
During this year as your AJA president, my appreciation and respect for the role that we play in our courtrooms has amplified. I have been afforded numerous opportunities to speak with other judges and various community and civic groups to gauge their concerns about our judicial system. Members of the judiciary and the community alike share a common concern for what is viewed as increasingly eroding societal values, as evidenced in courtrooms everywhere. Most conversations eventually evolve to discussions about prevention strategies. How did this happen? What needs to be done? I am convinced that, as judges, we must actively …
Court Review: Volume 44, Issue 1/2 – Procedural Fairness In The California Courts, Douglas Denton
Court Review: Volume 44, Issue 1/2 – Procedural Fairness In The California Courts, Douglas Denton
Court Review: Journal of the American Judges Association
In 2005, California’s judicial branch embarked on a two-part assessment to determine current levels of trust-and-confidence in the state courts and to obtain information concerning expectations and performance of the state courts. The findings were revealing—they highlighted good news for the courts and identified considerable challenges. The trust-and-confidence study not only informed the subsequent strategic and operational planning processes, it also spurred a large-scale initiative focused on one particularly compelling aspect of the public-trust-and-confidence assessment: the significant and important role that perceptions of procedural fairness play in determining court users’ trust and confidence in the California courts.
Court Review: Volume 44, Issue 3 – Editor’S Note, Steve Leben
Court Review: Volume 44, Issue 3 – Editor’S Note, Steve Leben
Court Review: Journal of the American Judges Association
This issue marks a transition of significance. For much longer than I’ve been editor, Professor Charlie Whitebread wrote an annual review of the past Term of the United States Supreme Court. He died in September, and we are left without his help in keeping up with the latest developments. We are also left without his great friendship, which is noted in a tribute on page 88. Because our readers and members have known Professor Whitebread for so long, we also note at page 128 a full obituary you can find online.
Court Review: Volume 44, Issue 4 – Punitive Damages After Philip Morris Usa V. Williams, Benjamin C. Zipursky
Court Review: Volume 44, Issue 4 – Punitive Damages After Philip Morris Usa V. Williams, Benjamin C. Zipursky
Court Review: Journal of the American Judges Association
For a single tort case in which liability is no longer contested, Philip Morris USA v. Williams proved remarkably difficult to bring to closure. Like many plaintiffs since the 1990s, Mayola Williams persuaded a jury that Philip Morris fraudulently concealed the addictive and carcinogenic aspects of its product from the public and thereby killed her husband. The jury awarded $821,000 in compensatory damages and $79.5 million in punitive damages. That is a nearly 100:1 ratio, far greater than the single-digit ratio designated by the Court as a presumptive limit only four years earlier in State Farm Mutual Automobile Insurance Company …
Court Review: Volume 44, Issue 4 – An American Judge At The European Court Of Human Rights, Donald Shaver
Court Review: Volume 44, Issue 4 – An American Judge At The European Court Of Human Rights, Donald Shaver
Court Review: Journal of the American Judges Association
We followed President Barack Obama into Strasbourg, France, last April, but our group of 27 judges and justices did not generate quite as many headlines as he did. Not surprising, since it was only coincidence that our seminar on the European Court of Human Rights (ECHR), sponsored by the International Judicial Academy, happen to follow a NATO summit meeting also occurring in Strasbourg. No worries, we were all excited to be there anyway.
Court Review: Volume 43, Issue 4 – Mental Illness And The Courts: Some Reflections On Judges As Innovators, John Petrila, Allison Redlich
Court Review: Volume 43, Issue 4 – Mental Illness And The Courts: Some Reflections On Judges As Innovators, John Petrila, Allison Redlich
Court Review: Journal of the American Judges Association
Issues raised by the influx of defendants with serious mental illnesses are some of the most important that criminal judges confront. Because of the volume of defendants with mental illnesses, the impact goes beyond that of the individual case and extends to jails, police and sheriff departments, the treatment system, and ultimately to the role of the judge. This article suggests some of the ways in which communities have attempted to respond to these issues, and highlights the fact that judges have become significant leaders as well as innovators in such efforts. Not every judge will decide to adopt one …
Court Review: Volume 44, Issue 3 – Complete Issue
Court Review: Volume 44, Issue 3 – Complete Issue
Court Review: Journal of the American Judges Association
Table of Contents:
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 43, Issue 4 – Cover
Court Review: Volume 43, Issue 4 – Cover
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 44, Issue 1/2 – Fair Procedures, Yes. But We Dare Not Lose Sight Of Fair Outcomes, Brian H. Bornstein, Hannah Dietrich
Court Review: Volume 44, Issue 1/2 – Fair Procedures, Yes. But We Dare Not Lose Sight Of Fair Outcomes, Brian H. Bornstein, Hannah Dietrich
Court Review: Journal of the American Judges Association
Burke and Leben’s White Paper on procedural justice and what judges can do to enhance it in the courtroom is an important work for several reasons, two of which especially stand out. First, their paper illustrates how effectively laboratory-based social-science research (often referred to as basic research) and more naturalistic studies performed in real world contexts (often referred to as applied research) can be combined in addressing public policy matters. Second, it contains practical, feasible, and specific recommendations for improving courtroom practice based on that research. We believe that much goodwill come from Burke and Leben’s calling judges’ attention to …
Court Review: Volume 43, Issue 2 – Appointive Selection Of Judges, Limited-Jurisdiction Courts With Non-Lawyer Judiciaries, And Judicial Independence, Norman L. Greene
Court Review: Volume 43, Issue 2 – Appointive Selection Of Judges, Limited-Jurisdiction Courts With Non-Lawyer Judiciaries, And Judicial Independence, Norman L. Greene
Court Review: Journal of the American Judges Association
The subject of the selection of state court judges has many aspects, including the choice of the selection system, the design of the selection system, the comparison of alternative modes of selection, and the effect of the system on judicial performance or decision making, including “judicial independence.” This article addresses many of these aspects and takes as its starting point a unique symposium of articles published in a special issue of the Fordham Urban Law Journal in the Spring of 2007, preceded in time by a daylong symposium with the authors held at Fordham Law School on April 7, 2006.1 …
Court Review: Volume 44, Issue 3 – Roadside Seizures Of Medical Marijuana: Public Safety And Public Policy As Limitations Upon Transporting And The Return Of Lawfully Seized Medical Marijuana, Cameron Mostaghim
Court Review: Journal of the American Judges Association
In November 2007, a California Court of Appeal issued a decision in Garden Grove v. Superior Court that requires local police officers to return medical marijuana to a qualified patient, despite a lawful search and seizure subsequent to a moving motor vehicle violation. The effect of this ruling, in at least some instances, will be to place marijuana back into the hands of a person who is a risk to public safety while driving under the influence or is engaged in the “diversion” of medical marijuana through unlawful transporting.
Court Review: Volume 44, Issue 1/2 – The Resource Page
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 – The Resource Page
Court Review: Volume 43, Issue 4 – The Resource Page
Court Review: Journal of the American Judges Association
NCSC/NHTSA Website on Handling DWI Cases
www.courtsanddwi.org
Court Review: Volume 44, Issue 4 – From Investigation To Implementation: Factors For Successful Commissions On The Elimination Of Racial And Ethnic Bias, Elizabeth Neeley
Court Review: Volume 44, Issue 4 – From Investigation To Implementation: Factors For Successful Commissions On The Elimination Of Racial And Ethnic Bias, Elizabeth Neeley
Court Review: Journal of the American Judges Association
In the 1980s, states began to study racial and ethnic bias in their judicial systems. Now that more than 25 states, along with scores of academics, have examined issues of racial fairness in the courts, models and strategies exist for effectively conducting these investigations. The National Center for State Courts, in conjunction with the National Consortium on Racial and Ethnic Bias in the Courts, developed a best practices model for establishing and operating a task force or commission on racial and ethnic bias in the courts. The publication provides guidance on: creating the necessary momentum for establishing a task force …