Beyond Problem-Solving Courts,
2023
University of Richmond - School of Law
Beyond Problem-Solving Courts, Erin Collins
Law Faculty Publications
Problem-solving courts were borne out of a well-meaning experimentalist spirit, one that inspired judges to attempt to close the so-called “revolving door” to the courthouse by providing treatment instead of, or in addition to, incarceration. The problem-solving court movement is now more than thirty years old and the results of this experiment in court reform are underwhelming. Viewed in the most favorable light, studies suggest that problem-solving courts can modestly reduce the likelihood that some court participants will be arrested or convicted again. Meanwhile, the 40% to 60% of people who begin but do not complete problem-solving court programs often …
Brief Amici Curiae Legal Scholars Of Sex And Gender In Support Of Plaintiff-Appellant,
2023
University of Kansas - School of Law
Brief Amici Curiae Legal Scholars Of Sex And Gender In Support Of Plaintiff-Appellant, Kyle Velte, Ezra Young, Jeremiah A. Ho, M. Dru Levasseur, Nancy C. Marcus, Dara E. Purvis, Eliot Tracz, Ann E. Tweedy
All Faculty Scholarship
This amicus brief was filed in Griffith v. El Paso County, Colorado, case no. 23-1135 (10th Circuit) in support of appellant Darlene Griffith. Amici curiae are legal scholars of sex and gender. They offer expertise in their personal capacities to assist the Court of Appeals for the Tenth Circuit in assessing whether the El Paso County Sheriff officials violated Ms. Griffith’s Fourteenth Amendment right to equal protection when they refused to house Ms. Griffith, a transgender woman, in the women's unit of the El Paso County Jail as a pretrial detainee.
Protecting A Real Or Imagined Past: Justice Samuel Alito And The First Amendment,
2023
University of Denver Department of Media, Film and Journalism Studies; University of Denver Sturm College of Law
Protecting A Real Or Imagined Past: Justice Samuel Alito And The First Amendment, Derigan Silver, Dan V. Kozlowski
All Faculty Scholarship
This article examines the First Amendment jurisprudence of Justice Samuel Alito. In this article, we argue that the principles behind his decision-making are not always necessarily traditional methods of constitutional analysis, and litigants should understand the frames and lenses Alito uses to make decisions when making their arguments to him. The article concludes with a discussion of Alito’s overall approach to the law and some thoughts on how he is attempting to reshape the First Amendment. We write that, above all, it is clear he is seeking to protect a real or imagined past that, in his mind, is under …
From Cryptocurrencies To Cryptocourts: Blockchain And The Financialization Of Dispute Resolution Platforms,
2023
Dalhousie University, Schulich School of Law
From Cryptocurrencies To Cryptocourts: Blockchain And The Financialization Of Dispute Resolution Platforms, Matthew Dylag
Articles, Book Chapters, & Popular Press
This paper contributes to emerging discussions of blockchain governance through an analysis of dispute resolution platforms that reimagine justice. We focus specifically on Kleros, a blockchain-enabled dispute resolution platform, that promises to secure, authenticate, and democratize access to justice for the twenty-first century. We advance the concept of cryptocourts whereby jurors, incentivized by accumulating cryptocurrency, rapidly mobilize using principles of on-demand crowdsourcing to resolve disputes. We critique the broader social imaginaries that cryptocourts such as Kleros will result in a more open, trustworthy, transparent, and democratic systems of justice. These platforms instead pose important questions concerning their potential impact …
Bastions Of Independence Or Shields Of Misconduct?: Increasing Transparency In Judicial Conduct Commissions,
2023
Fordham University School of Law
Bastions Of Independence Or Shields Of Misconduct?: Increasing Transparency In Judicial Conduct Commissions, Katarina Herring-Trott
Fordham Law Review
No abstract provided.
Carceral Deference: Courts And Their Pro-Prison Propensities,
2023
University of Nebraska College of Law
Carceral Deference: Courts And Their Pro-Prison Propensities, Danielle C. Jefferis
Fordham Law Review
Judicial deference to nonjudicial state actors, as a general matter, is ubiquitous, both in the law and as a topic of legal scholarship. But “carceral deference”—judicial deference to prison officials on issues concerning the legality of prison conditions—has received far less attention in legal literature, and the focus has been almost entirely on its jurisprudential legitimacy. This Article contextualizes carceral deference historically, politically, and culturally, and it thus adds a piece that has been missing from the literature. Drawing on primary and secondary historical sources and anchoring the analysis in Bourdieu’s field theory, this Article is an important step to …
Constructing The Supreme Court: How Race, Ethnicity, And Gender Have Affected Presidential Selection And Senate Confirmation Hearings,
2023
Washington University School of Law
Constructing The Supreme Court: How Race, Ethnicity, And Gender Have Affected Presidential Selection And Senate Confirmation Hearings, Christina L. Boyd, Paul M. Collins Jr., Lori A. Ringhand, Karson A. Pennington
Scholarship@WashULaw
In February 2022, President Joseph Biden announced his nomination of Ketanji Brown Jackson to serve as an associate justice on the U.S. Supreme Court. In doing so, he said this: “For too long, our government, our courts haven’t looked like America. And I believe it’s time that we have a Court that reflects the full talents and greatness of our nation with a nominee of extraordinary qualifications and that we inspire all young people to believe that they can one day serve their country at the highest level.” In the following days, Jackson’s nomination was discussed with enthusiasm, much like …
Collusive Prosecution,
2023
University of Michigan Law School
Collusive Prosecution, Ben A. Mcjunkin, J.J. Prescott
Articles
In this Article, we argue that increasingly harsh collateral consequences have surfaced an underappreciated and undertheorized dynamic of criminal plea bargaining. Collateral consequences that mostly or entirely benefit third parties (such as other communities or other states) create an interest asymmetry that prosecutors and defendants can exploit in plea negotiations. In particular, if a prosecutor and a defendant can control the offense of conviction (often through what some term a “fictional plea”), they can work together to evade otherwise applicable collateral consequences, such as deportation or sex-offender registration and notification. Both parties arguably benefit: Prosecutors can leverage collateral consequences to …
A “Rhode” Block On The Journey To The American Dream,
2023
Candidate for Juris Doctor, Roger Williams University School of Law
A “Rhode” Block On The Journey To The American Dream, Jesse Manning
Roger Williams University Law Review
No abstract provided.
Changemakers: Elevating Conversations Around Indigenous Peoples' Rights,
2023
Roger Williams University
Changemakers: Elevating Conversations Around Indigenous Peoples' Rights, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Views Of The Irish Judiciary On Technology In Courts: Results Of A Survey,
2023
Technological University Dublin
Views Of The Irish Judiciary On Technology In Courts: Results Of A Survey, Brian M. Barry Dr, Rónán Kennedy Dr
Articles
Technology continues to transform how judges perform their functions, both in Ireland and elsewhere. This article reports the results of a survey of Irish judges on their use of technology in their role, their attitudes towards technology, and their views on how it impacts on the judicial function. The survey, part of a global survey, found that Irish judges habitually used digital technologies, and were broadly satisfied with the technology available in chambers, but less so with what was provided in courtrooms. Although generally happy to embrace change, the majority of respondents were concerned with, and did not prefer, online …
Mistakes With The Mistake Defense In Texas Criminal Law,
2023
St. Mary's University
Mistakes With The Mistake Defense In Texas Criminal Law, Charles Bubany
St. Mary's Law Journal
No abstract provided.
The American Tradition Of Self-Made Arms,
2023
Heartland Institute
The American Tradition Of Self-Made Arms, Joseph G.S. Greenlee
St. Mary's Law Journal
No abstract provided.
Easing The Burden Of Survivors Of Domestic Violence Through The "One Family, One Judge" Court Model: Why Integrated Domestic Violence ("Idv") Courts Should Be Instituted Throughout The United States,
2023
Benjamin N. Cardozo School of Law
Easing The Burden Of Survivors Of Domestic Violence Through The "One Family, One Judge" Court Model: Why Integrated Domestic Violence ("Idv") Courts Should Be Instituted Throughout The United States, Elka B. Blonder
Cardozo Journal of Equal Rights & Social Justice
The note advocates for the implementation of Integrated Domestic Violence (IDV) Courts nationwide, arguing that these courts provide a more efficient and supportive system for survivors of domestic violence by consolidating criminal, civil, and family cases under a single judge. This "one family, one judge" model aims to reduce the fragmentation and trauma survivors face in traditional court systems, offering a holistic approach that enhances survivor safety and offender accountability.
Confirm Rachel Bloomekatz To The Sixth Circuit,
2023
University of Richmond - School of Law
Confirm Rachel Bloomekatz To The Sixth Circuit, Carl Tobias
Law Faculty Publications
Now that the United States Senate is convening after the July Fourth holiday, the upper chamber must promptly appoint Rachel Bloomekatz to the U.S. Court of Appeals for the Sixth Circuit. The nominee, whom President Joe Biden selected in May 2022, provides remarkable experiential, gender, and ideological expertise that she deftly realized in litigating high-profile gun control, environmental, and other significant cases in federal appellate courts and district courts. Over fifteen years, the nominee has reached law’s pantheon across a broad spectrum from extremely prestigious clerkships with Justice Stephen Breyer and particularly distinguished federal court and state court jurists to …
"How Exactly Does It Get Done Here?" Conducting Cross-Jurisdictional Research With Judges And Court Staff,
2023
National Center for State Courts
"How Exactly Does It Get Done Here?" Conducting Cross-Jurisdictional Research With Judges And Court Staff, Paula Hannaford-Agor
Faculty Publications
The legal, political, and organizational environment in which judges and court staff work affects their performance in significant ways. To ensure that researchers control for these effects, it is critical that they take sufficient time in the research design phase to identify relevant factors that might complicate their analyses or distort the interpretation of research findings. This article highlights common challenges of multijurisdictional research, including inconsistent use of terminology, differing organizational structures and procedures, and exogenous factors such as court governance, policymaking authority, funding, and local court culture. It also offers guidance to researchers on identifying and integrating these factors …
Faux Advocacy In Amicus Practice,
2023
William & Mary Law School
Faux Advocacy In Amicus Practice, James G. Dwyer
Faculty Publications
Amicus brief filing has reached “avalanche” volume. Supreme Court Justices and lower court judges look to these briefs particularly for non-case-specific factual information––“legislative facts”—relevant to a case. This Article calls attention to a recurrent yet unrecognized problem with amicus filings offering up legislative facts in the many cases centrally involving the most vulnerable members of society—namely, non-autonomous persons, including both adults incapacitated by mental illness, intellectual disability, or other condition, and children. Some amici present themselves as advocates for such persons but use the amicus platform to serve other constituencies and causes, making false or misleading factual presentations about the …
Constitutional Norms And State Judicial Confirmations,
2023
University of Colorado Law School
Constitutional Norms And State Judicial Confirmations, Adam B. Sopko
Publications
No abstract provided.
Catalyzing Judicial Federalism,
2023
University of Colorado Law School
Catch And Release Jurisdiction,
2023
University of Colorado Law School
