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2002

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Articles 61 - 90 of 197

Full-Text Articles in Jurisprudence

Court Review: Volume 39, Issue 1 - President's Column, Bonnie Sudderth Apr 2002

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 2 - Judicial Candidate Speech After Republican Party Of Minnesota V. White, Jan Witold Baran Apr 2002

Court Review: Volume 39, Issue 2 - Judicial Candidate Speech After Republican Party Of Minnesota V. White, Jan Witold Baran

Court Review: Journal of the American Judges Association

The people want to elect judges. Notwithstanding a typical Washington lawyer’s view of the judiciary enshrined in Article III of the Constitution, the citizens of 39 states insist that judges should be subject to electoral accountability and not be given lifetime appointments by the government elites. For that reason, 53% of state appellate judges must run in contested elections for an initial term on the bench (out of 1,243 judges). Likewise, 66% of state trial court judges (8,489) must first run in contested elections. Eight-seven percent of all state appellate and trial judges face some type of election for subsequent …


Court Review: Volume 39, Issue 1 - Complete Issue Apr 2002

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 - Table Of Contents Apr 2002

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 - Moving Problem-Solving Courts Into The Mainstream: A Report Card From The Ccj-Cosca Problem-Solving Courts Committee, Daniel J. Becker, Maura D. Corrigan Apr 2002

Court Review: Volume 39, Issue 1 - Moving Problem-Solving Courts Into The Mainstream: A Report Card From The Ccj-Cosca Problem-Solving Courts Committee, Daniel J. Becker, Maura D. Corrigan

Court Review: Journal of the American Judges Association

Five years ago the term “problemsolving courts” was not commonly used or understood in the court community. Today, however, the term describes over a thousand courts around the country. Problem-solving courts generally focus on the underlying chronic behaviors of criminal defendants. Acting on the input of a team of experts from the community, a problem-solving court judge orders the defendant to comply with an individualized plan and then the judge (with the assistance of the community team) exercises intensive supervision over the defendant to ensure compliance with the terms of the plan. Individualized plans may include participating in a treatment …


Court Review: Volume 39, Issue 1 - Should Judges Be More Like Politicians?, Roy A. Schotland Apr 2002

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 - The White Decision In The Court Of Opinion: Views Of Judges And The General Public, David B. Rottman Apr 2002

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 - Recent Criminal Decisions Of The United States Supreme Court: The 2001-2002 Term, Charles H. Whitebread Apr 2002

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 - Recent Civil Decisions Of The United States Supreme Court: The 2001-2002 Term, Charles H. Whitebread Apr 2002

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 - A Crack At Federal Drafting, Joseph Kimble Apr 2002

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 - Editor's Note Apr 2002

Court Review: Volume 39, Issue 1 - Editor's Note

Court Review: Journal of the American Judges Association

Most state court judges in the United States stand for election, whether it be one in which an opposing candidate can run or one in which an appointed judge stands for retention. Accordingly, questions concerning what judicial candidates can say during an election campaign are of great significance. At the end of its past term, the United States Supreme Court issued its first decision regarding the tension between the First Amendment and restrictions that have been placed by states on the speech of judicial candidates.


Court Review: Volume 39, Issue 1 - The Resource Page Apr 2002

Court Review: Volume 39, Issue 1 - The Resource Page

Court Review: Journal of the American Judges Association

No abstract provided.


Court Review: Volume 39, Issue 1 - Cover Apr 2002

Court Review: Volume 39, Issue 1 - Cover

Court Review: Journal of the American Judges Association

No abstract provided.


Taking Its Toll: Partisan Judging And Judicial Review, Jeff Broadwater Apr 2002

Taking Its Toll: Partisan Judging And Judicial Review, Jeff Broadwater

The Journal of Appellate Practice and Process

No abstract provided.


Taking Behavioralism Too Seriously? The Unwarranted Pessimism Of The New Behavioral Analysis Of Law, Gregory Mitchell Apr 2002

Taking Behavioralism Too Seriously? The Unwarranted Pessimism Of The New Behavioral Analysis Of Law, Gregory Mitchell

William & Mary Law Review

Legal scholars increasingly rely on a behavioral analysis of judgment and decision making to explain legal phenomena and argue for legal reforms. The. main argument of this new behavioral analysis of the law is twofold: (1)All human cognition is beset by systematic flaws in the way that judgments and decisions are made, and theseflaws lead to predictable irrational behaviors and (2) these widespread and systematic nonrational tendencies bring into serious question the assumption of procedural rationality underlying much legal doctrine. This Article examines the psychological research relied on by legal behavioralistst o form this argumenta nd demonstratest hat this research …


Religion, The Rule Of Law, And The Good Of The Whole: A View From The Clergy, Marci A. Hamilton Apr 2002

Religion, The Rule Of Law, And The Good Of The Whole: A View From The Clergy, Marci A. Hamilton

Articles

No abstract provided.


Homicide In Aretaic Terms, Kyron J. Huigens Apr 2002

Homicide In Aretaic Terms, Kyron J. Huigens

Articles

No abstract provided.


Judiciary School: A Proposal For A Pre-Judicial Ll.M. Degree, Marc T. Amy Mar 2002

Judiciary School: A Proposal For A Pre-Judicial Ll.M. Degree, Marc T. Amy

Journal of Legal Education

No abstract provided.


Teaching Wesley Hohfeld's Theory Of Legal Relations, Curtis Nyquist Mar 2002

Teaching Wesley Hohfeld's Theory Of Legal Relations, Curtis Nyquist

Journal of Legal Education

No abstract provided.


Bijuralism In Law's Empire And In Law's Cosmos, Nicholas Kasirer Mar 2002

Bijuralism In Law's Empire And In Law's Cosmos, Nicholas Kasirer

Journal of Legal Education

No abstract provided.


On A Theme By René David: Comparative Law As Technique Indispensable, Michael Mcauley Mar 2002

On A Theme By René David: Comparative Law As Technique Indispensable, Michael Mcauley

Journal of Legal Education

No abstract provided.


Masthead, United States-Mexico Law Journal Mar 2002

Masthead, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Creation And Implementation Of The Ley De Concursos Mercantiles, Jose Maria Abascal Mar 2002

Creation And Implementation Of The Ley De Concursos Mercantiles, Jose Maria Abascal

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Que Es La Diferencia?: A Comparison Of The First Days Of A Business Reorganization Case In Mexico And The United States, Nathalie Martin Mar 2002

Que Es La Diferencia?: A Comparison Of The First Days Of A Business Reorganization Case In Mexico And The United States, Nathalie Martin

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Review Of The Development Of Mexican Law On Shareholders Rights From Roman Law Origins To Recent Times, Luis Capin Lopez, Jose Luis Gutierrez Azpe Mar 2002

Review Of The Development Of Mexican Law On Shareholders Rights From Roman Law Origins To Recent Times, Luis Capin Lopez, Jose Luis Gutierrez Azpe

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Question And Comments By Members Of The Institute, Rogelio Ramirez De La O, Gustavo Vega Canovas, Jimmie V. Reyna, Marco Hernandez, Ulice Payne Mar 2002

Question And Comments By Members Of The Institute, Rogelio Ramirez De La O, Gustavo Vega Canovas, Jimmie V. Reyna, Marco Hernandez, Ulice Payne

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Bancomext And The Future Of Mexican Foreign Trade, Jose Luis Romero Hicks Mar 2002

Bancomext And The Future Of Mexican Foreign Trade, Jose Luis Romero Hicks

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Overview Of The New Bankruptcy Law Of Mexico, Michael L. Owen Mar 2002

Overview Of The New Bankruptcy Law Of Mexico, Michael L. Owen

United States - Mexico Law Journal (1993-2005)

No abstract provided.


A Comparison Between The Ley De Quiebras Y Suspencion De Pagos And The Ley De Concursos Mercantiles, Anthony Mccarthy Mar 2002

A Comparison Between The Ley De Quiebras Y Suspencion De Pagos And The Ley De Concursos Mercantiles, Anthony Mccarthy

United States - Mexico Law Journal (1993-2005)

No abstract provided.


Reforms Of The Law Of Secured Transactions In Mexico And The United States, Michael L. Owen Mar 2002

Reforms Of The Law Of Secured Transactions In Mexico And The United States, Michael L. Owen

United States - Mexico Law Journal (1993-2005)

No abstract provided.