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Full-Text Articles in Jurisprudence
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 - Cover
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: 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.
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 - 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?
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.
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 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 – Cover
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: 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: 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: 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: 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: 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.
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 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: 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 …
Court Review: Volume 44, Issue 1/2 – Cover
Court Review: Volume 44, Issue 1/2 – Cover
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 44, Issue 4 – Cover
Court Review: Volume 44, Issue 4 – Cover
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 44, Issue 1/2 – Procedural Justice And The Courts, Tom R. Tyler
Court Review: Volume 44, Issue 1/2 – Procedural Justice And The Courts, Tom R. Tyler
Court Review: Journal of the American Judges Association
People come to the courts about a wide variety of problems and disputes. Although this has always been the case, in recent years the court system has become the branch of government in which people deal with an ever broader variety of issues and concerns. And the people who bring their problems to court have themselves become increasingly diverse in terms of their ethnic and social backgrounds. In addition, more and more of these people choose to represent themselves, rather than acting through lawyers. Finally, these changes are occurring in an environment in which people have generally lower levels of …
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 1/2 – Procedural Fairness As A Court Reform Agenda, David B. Rottman
Court Review: Volume 44, Issue 1/2 – Procedural Fairness As A Court Reform Agenda, David B. Rottman
Court Review: Journal of the American Judges Association
This essay reflects on the ways in which procedural fairness can provide the direction for a revived court reform agenda. All previous eras of court reform were guided by a theory drawn either from academia or the field of management. Procedural fairness, in my view, is the organizing theory for which 21st-century court reform has been waiting.
Past eras of court reform accomplished a great deal. In 1950, there were 826 trial courts in California. Today, 58 trial courts—one per county—hear all manners of cases. Management theories drawn from the business field provided the blueprint for court reform by (a) …
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 – Decision Makers And Decision Recipients: Understanding Disparities In The Meaning Of Fairness, Diane Sivasubramaniam, Larry Heuer
Court Review: Volume 44, Issue 1/2 – Decision Makers And Decision Recipients: Understanding Disparities In The Meaning Of Fairness, Diane Sivasubramaniam, Larry Heuer
Court Review: Journal of the American Judges Association
Since World War II, psychologists have devoted considerable attention to understanding the factors that shape people’s satisfaction with the outcomes of social or economic exchanges—outcomes of events not unlike the encounters occurring between judges and litigants in civil and criminal courtrooms, encounters between police officers and civilians, or encounters between mediators and disputants in alternative dispute resolution centers throughout the United States every day. In one classic early study, it came as somewhat of a surprise when it was discovered that satisfaction was not easily explained by economic theories of human behavior. This finding launched an inquiry guided by theories …
Court Review: Volume 44, Issue 1/2 – Editor’S Note, Alan J. Tomkins
Court Review: Volume 44, Issue 1/2 – Editor’S Note, Alan J. Tomkins
Court Review: Journal of the American Judges Association
This special issue of Court Review focuses on procedural justice. Tom Tyler has called procedural justice the most powerful explanatory concept for why people obey rules that restrict their behavior in ways they would otherwise find unacceptable. David Rottman has written “having a sense that court decisions are made through processes that are fair is the strongest predictor by far of whether members of the public approve of or have confidence” in courts. Procedural justice is worthy of a deep look, and this issue of Court Review does precisely that—it presents papers from some of the nation’s leading scholars who …
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 1/2 – Procedural Fairness: A Key Ingredient In Public Satisfaction, Kevin Burke, Steve Leben
Court Review: Volume 44, Issue 1/2 – Procedural Fairness: A Key Ingredient In Public Satisfaction, Kevin Burke, Steve Leben
Court Review: Journal of the American Judges Association
Americans are highly sensitive to the processes of procedural fairness. It is no surprise, then, that the perception of unfair or unequal treatment “is the single most important source of popular dissatisfaction with the American legal system.” Even first-graders react negatively to a situation where a mother punishes her child for a broken vase without consulting a witness first. This negative reaction signifies powerfully that children are already sensitive to the principles of procedural fairness. If children in early elementary school already react negatively to perceived violations of procedural fairness, it is only that much more imperative to address the …
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 …