Jurisprudence Commons^™

Lost Maxims Of Equity, Eugene Volokh

Journal of Legal Education

No abstract provided.

Veil Of Secrecy: Public Executions, Limitations On Reporting Capital Punishment, And The Content-Based Nature Of Private Execution Laws, Nicholas Levi

Federal Communications Law Journal

One issue that is often overlooked in the capital punishment debate is the policy to shield the public from the specifics of the application, administration, and resolution of the death sentence. First, this Note provides a brief historical and analytical account of capital punishment in this country, and ultimately argues that this historical backdrop forces courts to characterize regulations as content-based distinctions on free speech. Second, this Note provides a background of the methods of capital punishment from the time of the country's founding through the early parts of the twentieth century. Furthermore, this Note will address the emergence of …

Ties In The Supreme Court Of The United States, Edward A. Hartnett

William & Mary Law Review

No abstract provided.

Threats, Free Speech, And The Jurisprudence Of The Federal Criminal Law, G. Robert Blakey, Brian J. Murray

BYU Law Review

No abstract provided.

The Virtue Of Vagueness In Takings Doctrine, Marc R. Poirier

Cardozo Law Review

In discussions of regulatory takings law, there appears to be an almost universal assumption that its vagueness is a bad thing, a mysterious dysfunction. This article argues that the vagueness in takings doctrine is quite functional and entirely appropriate. Since considerable vagueness turns out to be inevitable, this is just as well. Happily, over time, specific resource use conflicts and transitions sometimes do crystallize out into more predictable forms of law - new rules and customs about specific types of property. Within these specific and limited regimes, we can and should aspire to rules defining the circumstances under which the …

The Physician As A Conscientious Objector, J. David Bleich

Articles

No abstract provided.

Court Review: Volume 39, Issue 3 - Going To Scale: A Conversation About The Future Of Drug Courts, Greg Berman

Court Review: Journal of the American Judges Association

Drug courts are the most prominent example of a wave of “problem-solving” innovation that has sought to change the way courts operate in this country. Alongside drug courts, domestic violence courts, community courts, family treatment courts, mental health courts, and other specialized courts are using the authority of the judicial branch in new ways—in an effort to improve outcomes for victims, communities, and defendants. These problem-solving courts employ new tools and new methods— such as requiring defendants to appear regularly before judges to report on their compliance with court orders, or adding social scientists, drug treatment counselors, and other service …

Legal Orientalism, Teemu Ruskola

Michigan Law Review

Fifty years ago comparative law was a field in search of a paradigm. In the inaugural issue of the American Journal of Comparative Law in 1952, Myres McDougal remarked unhappily, "The greatest confusion continues to prevail about what is being compared, about the purposes of comparison, and about appropriate techniques." In short, there seemed to be very little in the field that was not in a state of confusion. Two decades later, referring to McDougal's bleak assessment, John Merryman saw no evidence of progress: "few comparative lawyers would suggest that matters have since improved." And only a few years ago, …

Court Review: Volume 39, Issue 3 - Trial By Metaphor: Rhetoric, Innovation, And The Juridical Text, Benjamin L. Berger

Court Review: Journal of the American Judges Association

The judicial decision-making process is not one for which resolution arises from counting, measuring, or weighing. Rather, the courtroom is a field for debate about the interpretation and application of values as embodied in or reflected by the law. Decisions reached in court are judgments and not mathematical conclusions in that the inherently contestable nature of the issues at stake precludes an outcome that is selfevident to all. As such, although there is an element of factfinding that emerges in a judicial opinion, there is also always a subjective valuation of the principles at stake; to draw on Socrates, there …

Court Review: Volume 39, Issue 3 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 39, Issue 3 - Cover

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 39, Issue 3 - Table Of Contents

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 39, Issue 3 - Concluding A Successful Settlement Conference: It Ain’T Over Till It’S Over, Morton Denlow

Court Review: Journal of the American Judges Association

Have you ever attended a settlement conference and come away thinking the case was settled, only to later find out that your adversary has a different understanding of the settlement terms than you and your client? This is a frustrating experience, but is completely unnecessary. Careful lawyers and judges prevent such confusion by ironing out the details of a settlement at the time an agreement is reached. Leaving specific settlement terms unresolved to a later date may result in an unenforceable settlement or possible litigation to enforce the settlement.

Settlement conferences play an important role in the resolution of litigated …

Court Review: Volume 39, Issue 3 - Merit Selection And Retention: The Great Compromise? Not Necessarily, Victoria Cecil

Court Review: Journal of the American Judges Association

In the November 2000 election, the citizens of Florida had the opportunity to switch from the nonpartisan elective system to a merit selection and retention system for selecting trial judges in their respective circuits and counties. Although the majority of Florida voters favored electing their trial judges, this issue has spurred intense debate in the legal community concerning which is the better method for judicial selection. The crux of the debate centers on whether the judiciary should be independent or accountable to the public. On one end of the spectrum, judges are seen as heads of a branch of government …

Court Review: Volume 39, Issue 3 - Editor's Note

Court Review: Journal of the American Judges Association

The issue begins with an examination of the development of drug courts, the most highly visible of the many “problem-solving courts” developed in recent years. The first drug court was created little more than a decade ago in 1989; today, there are more than 1,200. No doubt there have been many lessons learned along the way, and we try to find—and explore— those lessons in the lead piece in this issue.

Court Review: Volume 39, Issue 3 - President’S Column, Francis X. Halligan Jr.

Court Review: Journal of the American Judges Association

Since assuming the presidency in Maui last September, I have been invited to attend numerous meetings of other organizations. The AJA reciprocates by inviting the president of these organizations to attend our meetings. This interaction between the AJA and these organizations provides for a closer working relationship between the respective memberships. Listed below are some of the meetings I have attended and a brief description of what occurred at these conferences.

Court Review: Volume 39, Issue 3 - Resource Page

Court Review: Journal of the American Judges Association

No abstract provided.

From Pens To Pixels: Text-Media Issues In Promulgating, Archiving, And Using Judicial Opinions, Kenneth H. Ryesky

The Journal of Appellate Practice and Process

No abstract provided.

Securities Regulation—Fraud—Rule 10b-5 No Longer Scares The Judiciary, But May Scare Corporate Defendants: The United States Supreme Court Switches Directions. Wharf (Holdings) Ltd. V. United International Holdings, Inc., 532 U.S. 588 (2001)., Bhavik R. Patel

University of Arkansas at Little Rock Law Review

No abstract provided.

A Few Thoughts On The Importance Of An Independent Judiciary, Robert E. Hirshon

The Journal of Appellate Practice and Process

No abstract provided.

Expanded Rights Through State Law: The United States Supreme Court Shows State Courts The Way, Robert L. Brown

The Journal of Appellate Practice and Process

No abstract provided.

On The Internet, Nobody Knows You're A Judge: Appellate Courts' Use Of Internet Materials, Coleen M. Barger

Law Faculty Scholarship

No abstract provided.

The Stumbling Block: Freedom, Rationality, And Legal Scholarship, Jeanne L. Schroeder

William & Mary Law Review

No abstract provided.

Comparative Readings Of Roscoe Pound's Jurisprudence, Mitchel De S.-O.-L'E. Lasser

Cornell Law Faculty Publications

Maintaining The Adversarial System: The Practice Of Allowing Jurors To Question Witnesses During Trial, Kristen Debarba

Vanderbilt Law Review

A defendant sits in the witness stand undergoing examination by his attorney. He is accused of armed robbery, among other criminal acts. During the course of the defendant's testimony, a juror blurts out that he has a question. The judge tells the juror to write his question down and advises the juror that he will be able to ask his question upon completion of the attorneys' examinations. When the juror's question is finally asked, the judge indicates to the defendant's attorney that the attorney should address the matter raised by the juror on reexamination. During the reexamination, the attorney turns …

Procedure, Politics, And Power, Stephen B. Burbank

Journal of Legal Education

No abstract provided.

A Subversive Strand Of The Warren Court, Gary Peller

Washington and Lee Law Review

No abstract provided.

Causation, Constitutional Principles, And The Jurisprudential Legacy Of The Warren Court, Michelle Adams

Washington and Lee Law Review

No abstract provided.

Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise

Washington and Lee Law Review

No abstract provided.

Come Back To The Nickel And Five:* Tracing The Warren Court's Pursuit Of Equal Justice Under Law, Jim Chen

Washington and Lee Law Review

No abstract provided.