Legal History Commons^™

Thawing Out The Cold Record: Some Thoughts On How Videotaped Records May Affect Traditional Standards Of Deference On Direct And Collateral Review, Robert C. Owen, Melissa Mather

The Journal of Appellate Practice and Process

Appellate courts are unable to “smell the smoke of battle” from a trial. For this reason, a trial court’s decision is owed deference when examining an appeal. Video technology makes this reason for deference less relevant.

Use Of Electronic Appeal Transcripts In The Alberta Court Of Appeal, Roger Philip Kerans, Patrick Keys

The Journal of Appellate Practice and Process

Printed trial transcripts can cost thousands of dollars to produce, use up space, and are only used for short time periods. The Alberta Court of Appeal remedied these issues by launching an electronic appeal book program.

Foreword, Coleen M. Barger

The Journal of Appellate Practice and Process

An overview of this issue of The Journal.

A Vision Of The Future Of Appellate Practice And Process, George Nicholson

The Journal of Appellate Practice and Process

Technology is changing appellate practice in two different ways. The first, is increasing efficiency. Technology is also changing the scope and direction of traditional appellate practice and process.

A Review Of Electronic Court Filing In The United States, Bradley J. Hillis

The Journal of Appellate Practice and Process

The rise of e-commerce has caused many courts to begin filing and storing pleadings electronically. This article discusses e-filing software, the benefits to and development of extensible mark-up language (“XML”) for legal documents, and the impact the future of e-filing.

Minnesota Court Of Appeals Hears Oral Argument Via Interactive Teleconferencing Technology, Edward Toussaint

The Journal of Appellate Practice and Process

In an effort to provide affordable access to the appellate process, the Minnesota Court of Appeals has adopted Interactive Video Teleconferencing. The Chief Judge of the Minnesota Court of Appeals discusses the history behind the decision, implementation, and the benefits along with the challenges of implementing Interactive Video Teleconferencing.

New Technologies And Appellate Practice, Philip A. Talmadge

The Journal of Appellate Practice and Process

Technology can help enhance appellate practices. In particular, technology can improve appellate courts’: (1) electronic filing and argument of appellate cases; (2) digital maintenance of the record; (3) briefs; (4) dissemination of opinions; and (5) record storage.

Technological Developments In Legal Research, Lynn Foster, Bruce Kennedy

The Journal of Appellate Practice and Process

Technology has created new types of legal research and means of access to the law. Specific to appellate practice, technology has changed how decisions are published and the nature of legal research. Technology has even created a debate on who owns the different forms of case law.

Legal Research And The World Of Thinkable Thoughts, Robert C. Berring

The Journal of Appellate Practice and Process

It is difficult to properly describe technology’s impact on legal information. The impact created a generational gap between those who learned their research skills before the change and current students. The habits of the new generation of legal researchers point toward a change in the way that we can think about the law.

The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer

The Journal of Appellate Practice and Process

The information presented to courts has traditionally been written and oral. Many courts are adopting technology into the courtroom. Changing the record from text to multi-media is the most sweeping of these changes.

Electronic Filing In North Carolina: Using The Internet Instead Of The Interstate, Deborah Leonard Parker

The Journal of Appellate Practice and Process

Traditionally, an attorney working down to the wire on an appellate brief has to be done by the courier service’s deadline. If the deadline is missed, the attorney must then race, for possibly hours, down the interstate to reach the courthouse in time. North Carolina has adopted a system that eliminates this pressure.

The Persistent Problem Of Obligation In International Law, Eduardo M. Peñalver

Cornell Law Faculty Publications

My Lai: An American Tragedy, William G. Eckhardt

Faculty Works

No abstract provided.

Christians And The Military, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

The Aba And Mdps: Context, History, And Process, Charles W. Wolfram

Cornell Law Faculty Publications

State Attorney General Actions, The Tobacco Litigation, And The Doctrine Of Parens Patriae, Richard P. Ieyoub, Theodore Eisenberg

Cornell Law Faculty Publications

On November 23, 1998, a master settlement agreement settled the lawsuits of forty-six states against the tobacco industry. The settlement brings about historic public health initiatives, such as the end to outdoor advertising, the ban on using cartoon characters in advertisements, and the creation of public education trusts. It also provides that the settling tobacco manufacturers will pay over $200 billion over the next twenty-five years. Some of the legal theories upon which states relied have implications beyond the tobacco litigation. Of particular importance is the application of the theory of parens patriae in the tobacco litigation. That theory may …

Pleading Under Section 11 Of The Securities Act Of 1933, Krista L. Turnquist

Michigan Law Review

The Securities Act of 1933 ("Securities Act") requires full and fair disclosure of the nature of securities sold in interstate and foreign commerce. Section 11 of the Securities Act prohibits false or misleading registration statements. It also provides buyers a private remedy for false or misleading statements against any signer of the registration statement, any partner or director of the issuer, any professional involved in preparing or certifying the statement, and any underwriter. The rule appears simple: if there is a material misstatement or omission in the registration statement, the buyer may sue the seller. Courts disagree, however, over how …

The Opinion Volume 51 Issue 10 – May 3, 2000, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated May 03, 2000

The Concept Of The Mythical (Schmitt With Sorel), Stathis Gourgouris

Cardozo Law Review

No abstract provided.

Carl Schmitt And His Influence On Historians, Reinhard Mehring

Cardozo Law Review

No abstract provided.

Schmitt, History, And Habermas: Comments On Mehring And Rasch, Joseph W. Bendersky

Cardozo Law Review

No abstract provided.

Human Dignity: From Antiquity To Modern Israel's Constitutional Framework, Izhak Englard

Cardozo Law Review

No abstract provided.

Introduction, Andreas Kalyvas, Jan Müller

Cardozo Law Review

No abstract provided.

Because We Love You, Rosemary B. Quigley

Michigan Law Review

I remember the impotence I felt on the eve of the Gulf War in January 1991. No one could have known at that moment what a brief conflict it would be. We had every reason to believe that the Middle East would be hurled into turmoil. And if protracted war ensued, a draft would surely follow. I watched my college boyfriend sink into despair, with the help of a Bob Mould CD, at the prospect of being called to give his life for his country. I remained uncharacteristically mute. In the face of this battle, our positions were too unequal …

Healing The Blind Goddess: Race And Criminal Justice, Mark D. Rosenbaum, Daniel P. Tokaji

Michigan Law Review

Once again, issues of race, ethnicity, and class within our criminal justice system have been thrust into the public spotlight. On both sides of the country, in our nation's two largest cities, police are being called to account for acts of violence directed toward poor people of color. In New York City, a West African immigrant named Amadou Diallo was killed by four white police officers, who fired forty-one bullets at the unarmed man as he stood in the vestibule of his apartment building in a poor section of the Bronx. Did race influence the officers' decisions to fire the …

The Opinion Volume 51 Issue 9 – April 10, 2000, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 10, 2000

Holocaust Deniers Can't Be Ignored: History: As Victims And Witnesses Of World War Ii Die Off, Revisionist Views Of The Nazi Horrors Could Gain Broader Acceptance, Kenneth Lasson

All Faculty Scholarship

On trial in an English courtroom, where British historian David Irving has sued American professor Deborah Lipstadt for defamation, is not only the scholars' reputations but history itself. Irving claims that he was libeled by Lipstadt's 1993 book, "Denying the Holocaust: The Growing Assault on Truth and Memory," in which she called him "one of the most dangerous of the `revisionists'" because, "familiar with historical evidence, he bends it until it conforms with his ideological leanings and political agenda." But under British law, the burden of proof in defamation is squarely on the defendant, thus making it necessary for Lipstadt …

Franco's Spain, Queer Nation?, Gema Pérez-Sánchez

University of Michigan Journal of Law Reform

This Article discusses how, through its juridical apparatus, the Spanish dictatorship of Francisco Franco sought to define and to contain homosexuality, followed by examples of how underground queer activism contested homophobic laws. The Article concludes by analyzing a literary work to illustrate the social impact of Francoism's homophobic law against homosexuality.

Querying A Queer Spain Under Franco, Peter Kwan

University of Michigan Journal of Law Reform

There should be more articles in the legal journals such as Professor Gema Pérez-Sánchez's. In Franco's Spain, Queer Nation?, Professor Pérez-Sánchez has done a great service to legal scholarship in four respects. Firstly, she has written an appropriately far-ranging piece. In a discipline that has as one of its central missions the broadening of critical legal discourse, LatCrit can sometimes appear to suffer from symptoms of parochialism in its understandable emphasis on the Latina/o experience within American borders, or on the experience of its Latina/o immigrants once they have reached these shores. To be sure, this is not a problem …

Hegemony, Coercion, And Their Teeth-Gritting Harmony: A Commentary On Power, Culture, And Sexuality In Franco's Spain, Ratna Kapur, Tayyab Mahmud

University of Michigan Journal of Law Reform

Professor Gema Pérez-Sánchez's article, Franco's Spain, Queer Nation? focuses on the last years of Francisco Franco's fascist dictatorship and the early years of the young Spanish democracy, roughly from the late 1960's to the early 1980's. The centerpiece of her article looks at how, through law, Franco's regime sought to define and contain what it considered dangerous social behavior, particularly homosexuality. She traces how the state not only exercised hegemonic control over definitions of gender and sexuality, but also established well-defined roles for women and drew clear lines between what constituted legitimate and illegitimate sexualities, namely, the line between heterosexuality …