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2007

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Articles 121 - 150 of 235

Full-Text Articles in Jurisprudence

Court Review: Volume 44, Issue 1/2 – The Resource Page Jan 2007

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 Jan 2007

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 Jan 2007

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 …


Court Review: Volume 44, Issue 4 – President’S Column, Tam Schumann Jan 2007

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 1/2 – Complete Issue Jan 2007

Court Review: Volume 44, Issue 1/2 – Complete Issue

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 – Cover Jan 2007

Court Review: Volume 44, Issue 1/2 – Cover

Court Review: Journal of the American Judges Association

No abstract provided.


Court Review: Volume 43, Issue 4 – Editor’S Note, Steve Leben Jan 2007

Court Review: Volume 43, Issue 4 – Editor’S Note, Steve Leben

Court Review: Journal of the American Judges Association

Divorce cases were part of my docket when I began my judicial career. I was single then and had not had children. I quickly faced lots of situations well beyond my experience: a breast-feeding mother who wanted the father’s visitation limited to four hours in her presence each week, a parent who wanted t o move across the country with the child, or even a dispute about parent-child access in a “typical” divorce. In the absence of expert testimony, could I look anywhere for answers other than court decisions that may—or may not—have been based on sound research?


Court Review: Volume 44, Issue 4 – Cover Jan 2007

Court Review: Volume 44, Issue 4 – Cover

Court Review: Journal of the American Judges Association

No abstract provided.


Court Review: Volume 44, Issue 4 – Editor’S Note, Steve Leben Jan 2007

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 – In Memory Of Charles H. Whitebread, Steve Leben Jan 2007

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 1/2 – The Perceptions Of Self-Represented Tenants In A Community-Based Housing Court, Rashida Abuwala, Donald J. Farole Jan 2007

Court Review: Volume 44, Issue 1/2 – The Perceptions Of Self-Represented Tenants In A Community-Based Housing Court, Rashida Abuwala, Donald J. Farole

Court Review: Journal of the American Judges Association

This study examines the impact of the Harlem Community Justice Center, a community-based housing court that attempts to achieve speedier and more durable outcomes in landlord-tenant disputes. However, it may be particularly beneficial to pro se litigants (i.e., those who represent themselves without an attorney). In New York City, most landlords are represented, while the vast majority of tenants are not. In fact, one report notes that only 12% of tenants are able to afford counsel while 98% of landlords are represented.

The primary objective of this study was to examine the experiences of pro se tenants whose cases are …


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 Jan 2007

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 1/2 – Procedural Fairness As A Court Reform Agenda, David B. Rottman Jan 2007

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 4 – Cover Jan 2007

Court Review: Volume 44, Issue 4 – Cover

Court Review: Journal of the American Judges Association

No abstract provided.


Court Review: Volume 43, Issue 4 – President’S Column, Eileen Olds Jan 2007

Court Review: Volume 43, Issue 4 – President’S Column, Eileen Olds

Court Review: Journal of the American Judges Association

I can hardly believe that I am halfway through my term as your president. Time really does fly when you’re having fun! Fun I have had, but more importantly, I have had the opportunity to represent this prestigious, premier organization of judges in many different venues. As an organization, we are addressing critical issues facing our judiciary. With our initiatives, such as our “Tell It to the Judge” project, we are also examining those issues relevant to the public that we serve. Through it all, I have been proud to witness the stature that AJA enjoys all over the country.


Court Review: Volume 44, Issue 1/2 – Editor’S Note, Alan J. Tomkins Jan 2007

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: A Key Ingredient In Public Satisfaction, Kevin Burke, Steve Leben Jan 2007

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 43, Issue 4 – Complete Issue Jan 2007

Court Review: Volume 43, Issue 4 – Complete Issue

Court Review: Journal of the American Judges Association

Table of Contents:
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 – Resource Page Jan 2007

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 – When Should Judges Use Alcohol Monitoring As A Sentencing Option In Dwi Cases?, Victor E. Flango, Fred Cheesman Jan 2007

Court Review: Volume 44, Issue 3 – When Should Judges Use Alcohol Monitoring As A Sentencing Option In Dwi Cases?, Victor E. Flango, Fred Cheesman

Court Review: Journal of the American Judges Association

Traditional sentencing sanctions have not been particularly effective against people caught driving while impaired (DWI) and less so against repeat offenders. Technology has provided judges with some new sentencing options, including various forms of electronic home monitoring. This article takes an initial step toward evaluating the effectiveness of alcohol monitoring as a sentencing option in DWI cases with the goal of eventually determining which types of offenders, if any, would benefit most from alcohol monitoring. The constant monitoring of alcohol consumption is thought to aid rehabilitation by providing a deterrent to drinking and a positive reinforcement to sobriety. It permits …


Court Review: Volume 44, Issue 4 – Table Of Contents Jan 2007

Court Review: Volume 44, Issue 4 – Table Of Contents

Court Review: Journal of the American Judges Association

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 – Adding Color To The White Paper: Time For A Robust Reciprocal Relationship Between Procedural Justice And Therapeutic Jurisprudence, David B. Wexler Jan 2007

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 …


An Rsvp To Professor Wexler's Warm Therapeutic Jurisprudence Invitation To The Criminal Defense Bar: Unable To Join You, Already (Somewhat Similarly) Engaged, Mae C. Quinn Jan 2007

An Rsvp To Professor Wexler's Warm Therapeutic Jurisprudence Invitation To The Criminal Defense Bar: Unable To Join You, Already (Somewhat Similarly) Engaged, Mae C. Quinn

Journal Articles

This Article responds to Professor David 13. Wexler's recent suggestion that adopting Therapeutic Jurisprudence ("V) principles to create a new type of "rehabilitative" defense lawyer could improve the criminal defense bar. Contrary to the empirical foundation of the therapeutic justice movement, many of his proposed changes seem unsubstantiated. Others, such as calls for creative plea bargaining, are already part of the practice of quality defense attorneys. The "rehabilitative," -Pi defense lawyer may be overly paternalistic, imposing his interpretation of the facts and his standards of appropriate behavior on the accused; such a lawyer also may not comport with express ethical …


Bargaining With A Hugger: The Weaknesses And Limitations Of A Communitarian Conception Of Legal Dispute Bargaining, Or Why We Can't All Just Get Along, Robert J. Condlin Jan 2007

Bargaining With A Hugger: The Weaknesses And Limitations Of A Communitarian Conception Of Legal Dispute Bargaining, Or Why We Can't All Just Get Along, Robert J. Condlin

Cardozo Journal of Conflict Resolution

The communitarian conception of bargaining now popular with legal academics presupposes a world in which people are always at their best. Clients and lawyers share information about themselves and their situations candidly and fully, construct agreements from the perspective of their common interests and resolve differences according to objectively derived and jointly agreed upon substantive standards. They "connect" as persons and in the process convert what in lesser hands might be a form of stylized combat into a kind of joint venture, and sometimes even a lasting friendship. This, in turn, takes the hard edge off their disputing and makes …


Symposium: Reconstructing The Author-Self: Some Feminist Lessons For Copyright Law, Carys J. Craig Jan 2007

Symposium: Reconstructing The Author-Self: Some Feminist Lessons For Copyright Law, Carys J. Craig

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Responding To Nietzsche: The Constructive Power Of Destruktion, Francis J. Mootz Iii Jan 2007

Responding To Nietzsche: The Constructive Power Of Destruktion, Francis J. Mootz Iii

Scholarly Works

As a student of Hans-Georg Gadamer, and later a translator and important commentator on Gadamer’s philosophy, P. Christopher Smith is widely acknowledged to be a leading hermeneutical philosopher. In a series of works, Smith has argued that Gadamer provides an important corrective to Nietzsche’s caustic critical challenges, but that Gadamer’s hermeneutics has no relevance for legal theory because law is just the manifestation of will to power. In this paper I argue that Smith misunderstands the nature of legal practice. Starting with a re-reading of the debate between Gadamer and Jacques Derrida about the legacy of Nietzsche’s philosophy, I argue …


The Difference A Day Makes: How Courts Circumvent Federal Immigration Law At Sentencing, David S. Keenan Jan 2007

The Difference A Day Makes: How Courts Circumvent Federal Immigration Law At Sentencing, David S. Keenan

Seattle University Law Review

Efforts in criminal courts to avoid deportation as a result of convictions are prevalent throughout the United States. Although defendants in Washington have a statutory right to be advised of the potential immigration consequences of a guilty plea, there is no statutory or constitutional requirement that a judge take immigration consequences into consideration in imposing sentence. Nonetheless, as was the case in the assault on Micah Painter, judges can and do make what are effectively policy judgments when sentencing defendants, with an eye toward helping them avoid deportation.


Chinks In The Armor: Municipal Authority To Enact Shoreline Permit Moratoria After Biggers V. City Of Bainbridge Island, Ryan M. Carson Jan 2007

Chinks In The Armor: Municipal Authority To Enact Shoreline Permit Moratoria After Biggers V. City Of Bainbridge Island, Ryan M. Carson

Seattle University Law Review

Why would a relatively mundane dispute over what amounts to a few cubic yards of concrete warrant the extensive discussion encom passed in this Note? This dispute gives rise to a fundamental question about power: What is the scope of municipal power under one of Washington's most important environmental protection laws? Additionally, questions arise about competing normative values within environmental protection, property rights, and responsible land use and development. Placed against a backdrop of growing contentiousness surrounding these issues in Washington politics, the relevance and timeliness of these questions cannot be doubted.


Brother's Keeper: The Legal Ethics Of Representing Family Members The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Jason W. Whitney Jan 2007

Brother's Keeper: The Legal Ethics Of Representing Family Members The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Jason W. Whitney

St. Mary's Law Journal

This Comment seeks to provide practical guidance in evaluating ethical issues for Texas attorneys considering representing a relative. Attorneys must always look to the relevant rules of professional conduct, advisory opinions, and case law to evaluate whether or not representation adheres to ethical guidelines. The primary sources of guidance are the Texas Disciplinary Rules of Professional Conduct (Texas Disciplinary Rules), advisory opinions from the Supreme Court of Texas Professional Ethics Committee (Texas Professional Ethics Committee), and Texas case law. Part II of this Comment discusses the history of professional responsibility, characteristics of representing family members, and common ethical problems arising …


Threading The Eye Of The Erisa Needle: Erisa Preemption And Alternative Legal Schemes To Fill The Regulatory Vacuum., Bernard D. Reams Jr. Jan 2007

Threading The Eye Of The Erisa Needle: Erisa Preemption And Alternative Legal Schemes To Fill The Regulatory Vacuum., Bernard D. Reams Jr.

St. Mary's Law Journal

Popular consensus suggests that the Employee Retirement Income Security Act (“ERISA”) is a mess, and one of historic proportions. ERISA’s comprehensive reach to protect employer-provided benefits has in practice produced unintended, if not contradictory, results. Congress passed ERISA over thirty years ago to protect the rights of employees who benefit from employer pension and welfare benefit plans. It did so with a series of regulations that promote uniformity in litigation across the various states through “strong preemption language.” The goal of uniformity arguably benefits workers by imposing regular standards of conduct which lend predictability to the scope of litigation, or …