State and Local Government Law Commons^™

Introduction: Perceived Legitimacy And The State Judiciary, G. Alexander Nunn

Faculty Scholarship

Professor Nunn provides an introduction for the Symposium: The Least Understood Branch: The Demands and Challenges of the State Judiciary.

Corpus Linguistics: Misfire Or More Ammo For The Ordinary - Meaning Canon?, John D. Ramer

Michigan Law Review

Scholars and judges have heralded corpus linguistics—the study of language through collections of spoken or written texts—as a novel tool for statutory interpretation that will help provide an answer in the occasionally ambiguous search for “ordinary meaning” using dictionaries. In the spring of 2016, the Michigan Supreme Court became the first to use corpus linguistics in a majority opinion. The dissent also used it, however, and the two opinions reached different conclusions. In the first true test for corpus linguistics, the answer seemed to be just as ambiguous as before.

This result calls into question the utility of corpus linguistics. …

Measuring Justice In State Courts: The Demographics Of The State Judiciary, Tracey E. George, Albert H. Yoon

Vanderbilt Law Review

For most individuals and organizations, state courts--especially state trial courts-are the "law" for all effective purposes. State courts are America's courts. But, we know surprisingly little about state court judges despite their central and powerful role in lawmaking and dispute resolution. This lack of information is especially significant because judges' backgrounds have important implications for the work of courts. The characteristics of those who sit in judgment affect the internal workings of courts as well as the external perception of those courts and judges. The background of judges will influence how they make decisions and can impact the public's acceptance …

Introduction: The Power Of New Data And Technology, Laura E. Dolbow

Vanderbilt Law Review

Modern technology has revolutionized the law. Computers drastically expanded the scope and speed of access to legal information. Unlike the days when lawyers had to climb ladders in the stacks to find specific statutes or cases in printed reporters, Westlaw brings up thousands of resources at the touch of a fingertip. Beyond transforming legal research, new data and technology have transformed the law in two other powerful ways: they have made the law more accessible to nonlawyers, and they have made it possible for lawyers to gather information about how the law is being executed. The articles in this Section …

Justice Blackmun And Preclusion In The State-Federal Context, Karen Nelson Moore

Dickinson Law Review (2017-Present)

No abstract provided.

Electronic Social Media: Friend Or Foe For Judges, M. Sue Kurita

St. Mary's Journal on Legal Malpractice & Ethics

The use of electronic social communication has grown at a phenomenal rate. Facebook, the most popular social networking website, has over 1,968,000,000 users—a number that has exponentially grown since its inception in 2004. The number of judges accessing and using electronic social media (ESM) has also increased. However, unlike the general population, judges must consider constitutional, ethical, technical, and evidentiary implications when they use and access ESM. The First Amendment forbids “abridging the freedom of speech” and protects the expression of personal ideas, positions, and views. However, the American Bar Association’s Model Code of Judicial Conduct and the Texas Code …

Newsroom: Governor Raimondo On Rwu Law 09-19-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Shifting The Landscape On Access To Justice, Jonathan Lippman

Cardozo Law Review

The essay emphasizes the critical need to address the justice gap faced by the poor and vulnerable, advocating for proactive measures by the judiciary, legal profession, and academia. It highlights initiatives in New York, such as increased public funding, expanded pro bono efforts, and innovative programs, to ensure equal access to justice, potentially leading to a right to counsel in civil cases.

Responding To Judicial And Lawyer Misconduct: Analyzing A Survey Of State Trial Court Judges, Peter M. Koelling

St. Mary's Journal on Legal Malpractice & Ethics

While reported cases or incidents may give us insight into the interpretation of Rule 2.15 of the Model Code of Judicial Conduct, they do not give us a sense of how often judges undertake the obligation to act under the rule. The Judicial Division of the American Bar Association developed a survey to explore the interpretation and the implementation of Rule 2.15 of the Model Code of Judicial Conduct, and to determine how and in what manner state trial court judges responded to ethical violations by lawyers and other judges. The survey looked back over a ten-year period and was …

Grow Up Virginia: Time To Change Our Filial Responsibility Law, Sylvia Macon

University of Richmond Law Review

No abstract provided.

Amendment Creep, Jonathan L. Marshfield

Michigan Law Review

To most lawyers and judges, constitutional amendment rules are nothing more than the technical guidelines for changing a constitution’s text. But amendment rules contain a great deal of substance that can be relevant to deciding myriad constitutional issues. Indeed, judges have explicitly drawn on amendment rules when deciding issues as far afield as immigration, criminal procedure, free speech, and education policy. The Supreme Court, for example, has reasoned that, because Article V of the U.S. Constitution places no substantive limitations on formal amendment, the First Amendment must protect even the most revolutionary political viewpoints. At the state level, courts have …

Issue 1: Table Of Contents

University of Richmond Law Review

No abstract provided.

Reconsidering The History Of Open Courts In The Digital Age, Rory B. O'Sullivan, Catherine Connell

Seattle University Law Review

Article I, Section 10 of the Constitution of the State of Washington guarantees, “Justice in all cases shall be administered openly, and without unnecessary delay.” The Washington State Supreme Court has interpreted this clause to guarantee the public a right to attend legal proceedings and to access court documents separate and apart from the rights of the litigants themselves. Based on this interpretation, the court has struck down laws protecting the identity of both juvenile victims of sexual assault and individuals subject to involuntary commitment hearings. Its interpretation has also compromised the privacy rights of litigants wrongly named in legal …

Constitutional Law - Rights Of Aliens - Citizenship As A Requirement For Admission To The Bar Is A Violation Of Equal Protection, John L. Scott

Georgia Journal of International & Comparative Law

No abstract provided.

The Nevada Supreme Court Between 2010 And 2014, Jordan T. Smith

Nevada Law Journal

No abstract provided.

Online Issue: Table Of Contents

University of Richmond Law Review

No abstract provided.

Opinion: Testimony Concerning The Separation Of Powers And The Judiciary, Lumen N. Mulligan

Faculty Works

Separation of powers and the judiciary - or judicial independence as it is often termed - "refers to the need for courts that are fair and impartial when reviewing cases and rendering decisions, ... [which] requires freedom from outside influence or political intimidation." As recognized by President Ronald Reagan, and scores upon scores of our nation's most preeminent leaders, "[the] independence of the courts from improper political influence is a sacred principle, .... It must always be guarded."

This cornerstone of our free society - judicial independence - has been the bedrock of Kansas' republican form of government since the …

Issue 4: Table Of Contents

University of Richmond Law Review

No abstract provided.

Foreign Policy And The Government Legal Adviser, Henry Darwin

Georgia Journal of International & Comparative Law

No abstract provided.

The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin

Touro Law Review

No abstract provided.

Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams

Touro Law Review

No abstract provided.

Police Misconduct - A Plaintiff's Point Of View, Fred Brewington

Touro Law Review

No abstract provided.

Criminal Prosecution And Section 1983, Barry C. Scheck

Touro Law Review

No abstract provided.

Procedural Due Process Claims, Erwin Chemerinsky

Touro Law Review

No abstract provided.

Qualified Immunity When Facts Are In Dispute, Leon Friedman

Touro Law Review

No abstract provided.

Section 1983 Custom Claims And The Code Of Silence, Myriam Gilles

Touro Law Review

No abstract provided.

Problems Concerning Litigating Custom And Practice Cases, Steve Ryals

Touro Law Review

No abstract provided.

Issue 3: Allen Chair Table Of Contents

University of Richmond Law Review

No abstract provided.

Judge Judith Kaye At Skadden, Arps, Barry H. Garfinkel

Brooklyn Law Review

This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.

For Judith S. Kaye, Susan N. Herman

Brooklyn Law Review

This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.