Courts Commons^™

Examining The Effects Of Student Loan Forgiveness And The Christian Perspective, Sarah Rogers

Helm's School of Government Conference - 2021-2024

On August 24, 2022, President Joe Biden announced his plan for federal student loan forgiveness. The program allows individuals who make less than $125,000 a year and families under $250,000 relieve up to $10,000 of their loan debt. Those who fall under the Pell Grant program are able to relieve up to $20,000 of their debt. The reactions to this “revolutionary” program were mixed. Typically, those who the program would directly affect were very enthusiastic about this idea while those, most notably Republicans, were less than thrilled. While the idea is good in theory, the execution of debt forgiveness will …

Using Odr Platforms To Level The Playing Field: Improving Pro Se Litigation Through Odr Design, J.J. Prescott

Law & Economics Working Papers

In a few short years, court-connected ODR has shown itself capable of dramatically improving access to justice by reducing or eliminating barriers rooted in the simple fact that courts have traditionally offered dispute resolution services only during certain hours, only in particular physical places, and primarily through traditional face-to-face proceedings. Given the monopoly that courthouses have long had on resolving many legal issues, too many Americans have discovered their rights are simply too difficult or costly to exercise. As court-connected ODR systems spread, offering new types of dispute resolution services everywhere and often at any time, people will soon find …

Conviction On Interpretation, Advocate Adaptability, And The Future Of Emojis And Emoticons As Evidence, Samantha Lyons

Seattle Journal of Technology, Environmental, & Innovation Law

The dawning of the digital age introduced new and unique interpretive quandaries for judges and litigators alike. These quandaries include (but are not limited to) misinterpretation of pictorial slang as used in instant messaging, new or collateral meanings invented by phrases paired with specific emoticons or emojis, and the existence of emojis alone as communicative accessories.

This Note analyzes how lawyers and judges have essential free reign to treat emojis as they see fit: a prosecutor can argue, even in good faith, that the inclusion of an emoji depicting an open flame means the sender knew the heroin he sold …

Peran Notaris Pada Pembuatan Akta Jaminan Fidusia Dengan Objek Jaminan Berupa Hak Cipta, Abiandri Fikri Akbar

Indonesian Notary

Undang Undang Nomor 28 Tahun 2014 Tentang Hak Cipta mengatur bahwa Hak Cipta sebagai benda bergerak tidak berwujud dapat dijadikan sebagai objek jaminan fidusia. Pada Undang-Undang Nomor 42 Tahun 1999 tentang Jaminan Fidusia diatur bahwa pembebanan benda jaminan fidusia harus dibuat dengan akta notaris dengan setidak-tidaknya memuat nilai benda yang menjadi objek jaminan fidusia.. Hal tersebut menimbulkan permasalahan terutama mengenai mekanisme penilaian dan pemuatan hak cipta sebagai jaminan karena sifatnya yang merupakan benda bergerak tidak berwujud sehingga sulit untuk dinilai. Penelitian ini dilakukan secara yuridis-normatif dengan melakukan lapangan wawancara terhadap pihak yang berkaitan dengan pembuatan akta jaminan fidusia. Tujuan dari …

Konsep Dan Bentuk Perlindungan Hak Penguasaan Atas Tanah Masyarakat Hukum Adat Di Indonesia (Studi Kasus Putusan Pengadilan Negeri Balige No. 42/Pdt.Plw/2016/Pn Blg), Ernila Erfa

Indonesian Notary

Tanah Ulayat merupakan tanah yang dikuasai secara bersama oleh warga masyarakat hukum adat, di mana pengaturan pengelolaannya dilakukan oleh pemimpin adat (Kepala Adat) dan pemanfaatannya diperuntukan baik bagi warga masyarakat hukum adat yang bersangkutan maupun orang luar. Untuk dapat menyatakan bahwa suatu hak ulayat di suatu tempat tertentu masih eksis, ada tiga unsur pokok yang harus dipenuhi yaitu unsur masyarakat, unsur wilayah dan unsur hubungan antara masyarakat hukum adat dengan wilayahnya. Terdapat dua permasalahan dalam penelitian ini yakni pembuktian atas pemilikan tanah adat berdasarkan UUPA dan pertimbangan hakim pada Putusan Pengadilan Negeri No. 42/Pdt.Plw/2016/Pn Blg serta konsep dan bentuk perlindungan …

Vol. 6, Issue 1 Table Of Contents

SAIPAR Case Review

No abstract provided.

Death By Detox: Substance Withdrawal, A Possible Death Row For Individuals In Custody, Dorothea R. Carleton

Journal of Law and Health

Suffering through substance withdrawal is a major problem for the majority of individuals in custody, yet there are no guidelines or standards to ensure their safety. Instead, individuals in custody are having their Constitutional rights violated and many die at the hands of the justice system. When their families seek accountability for the lack of adequate care provided by correctional facilities and employees, families are faced with a lack of consistency from one circuit to the next for knowing as to the correct standard to have a successful claim. Strain v. Regalado was a chance for the Supreme Court to …

Use Of Natural Language Processing (Nlp) In Civil Case Management: A Report On Three Proof Of Concept Projects, Paula Hannaford-Agor, Jannet Okazaki

Faculty Publications

In 2016, the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA) endorsed recommendations to leverage technology to improve civil case management. In particular, Natural Language Processing (NLP) and related tools could be used to support two areas of civil case processing: sorting cases at filing based on the anticipated level of judicial involvement in case management, and confirming that essential procedural requirements have been satisfied before entering final judgments in cases.

To explore the feasibility of NLP to support court operations in these two areas, the National Center for State Courts (NCSC) designed three distinct …

The Impact Of The Justice & Treatment Industry Upon My Father—A Researched Auto-Ethnography, Megan Bruce

Whittier Scholars Program

In this researched memoir, I will be writing about my childhood growing up with my father being incarcerated and a drug addict. I’m writing about my story to let everyone know it isn’t easy but you can get through it and there are a lot more children and families that go through this too. I’m also going to bring in my dad’s perspective a little bit while throwing in research on the recovery process and the stages, the brain, and the justice system. I chose to write about my experience and emotional struggles to show readers that addiction and the …

Judicial Diversity, Equity, And Inclusion: How Do Diverse Judges Affect Sentencing Guidelines In The State Of Minnesota, Morgan Bausman

Political Science Theses and Capstones

Equal representation within the judicial system is very important. The state of Minnesota has four-hundred-forty-one judges, all different. When the legal system was created, the stereotypical judge was a white male. The legal system that represents the country should grow and diversify along with society. The issue of diversified judicial representation, with a focus on the race and gender of such judges, is a contentious debate across the country. Prior research has studied judges at the federal level and showed that diversity matters, but there have been no studies done at the state level, specifically in Minnesota. I gather data …

Fill The Virginia Federal District Court Vacancies, Carl Tobias

University of Richmond Law Review

On July 13, 2022, President Joe Biden nominated United States District Court for the Western District of Virginia United States Magistrate Judge Robert Ballou to replace this district's Judge James Jones, who realized senior status in August 2021; the President concomitantly proposed United State District Court for the East District of Virginia Assistant U.S. Attorney ("AUSA") Jamar Walker to replace that district court's Judge Raymond Jackson, who assumed senior status during November 2021. The four individual have constantly engaged in rigorous public service. Because the federal court vacancies have persisted over more than a year and the 118th Congress began …

Editorial Note, O'Brien Kaaba, Kafumu Kalyalya

SAIPAR Case Review

No abstract provided.

Editorial Board

SAIPAR Case Review

No abstract provided.

Catalyst Pharms., Inc. V. Becerra: When The Food And Drug Administration Repeatedly Ignores The Plain Language Of The Orphan Drug Act (Oda), Yifan Wang

Journal of Law and Health

In Catalyst Pharms., Inc. v. Becerra, the court held that the scope of orphan drug exclusivity applies to the disease or conditions for which the drug is designated because the plain language of the 21 U.S.C. § 360cc(a) is clear. The decision is in contrast to the practice of the FDA to narrowly construe the exclusivity to apply only to the uses or indications for which the drug is approved. The court correctly reached its holding using a plain language approach and rejected the FDA’s argument based on legislative history and purpose. The FDA has repeatedly ignored courts interpretations …

White-Collar Courts, Merritt E. Mcalister

Vanderbilt Law Review

Article III courts are white-collar courts. They are, scholars have said, "special." They sit atop the judicial hierarchy, and they are the courts of the one percent. We inculcate that sense of specialness in a variety of ways: federal courts are courts of limited jurisdiction; they are the subject of a (perhaps overrated) class in law school; we privilege clerkships with federal judges more than with state-court judges; and we focus more scholarly attention on federal courts than state courts. They are, in short, the courts of the elite- jurisdictionally, doctrinally, and socially. Perhaps the singular importance of federal courts …

The Role Of Virginia Law In Colas V. Tyree, John F. Preis

University of Richmond Law Review

The Supreme Court of Virginia recently decided a significant case involving an all-too-common circumstance: a police officer's use of deadly force against a person suffering a mental health crisis. The case was Colas v. Tyree and the court was bitterly divided, with four justice finding in favor of the officer and three justices siding with the defendant, Jeffrey Tyree. There is much that could be said about law and policy in this area, but here I would like to focus on the role that Virginia evidence law played--or perhaps did not play--in the court's majority opinion. ...

Face Off: Overcoming The Fifth Amendment Conflict Between Cybersecurity And Self-Incrimination, Zachary E. Jacobson

Journal of Law and Health

The Founders included the privilege against self-incrimination in the Constitution to protect individual privacy and ensure a fair judicial process. Courts have failed U.S. citizens by neglecting to protect them from compelled unlocking of biometrically encrypted devices. This inaction has created a loophole that contradicts the framework of the privilege against self-incrimination. To correct this mistake courts should reconsider the trend they have set for the Constitution and the Fifth Amendment and consider adopting a forward-thinking cybersecurity lens to conclude that biometric authentication is testimonial. Courts should consider that biometric encryption is akin to a compelled password entry for the …

Acknowledgements, Matthew L. Brock

University of Richmond Law Review

Each year, in a tradition dating back twenty-three years to Volume 33, the Editor-in-Chief of the University of Richmond Law Review authors acknowledgements to be included in their volume’s final publication. In keeping with tradition, I offer below my gratitude to those who have contributed to this publication and to the overall success of the Law Review, and reflect upon the fifty-seventh volume of our journal.

Unavoidable Necessities: How Covid-19 And Ali V. Commonwealth Illustrate The Need For A New Balancing Test For Speedy Trial Right Claims, Roger D. Herring

University of Richmond Law Review

The COVID-19 pandemic is still an ever-present phenomenon in the United States. Since the pandemic began in March 2020, over one million Americans have died as a result of this disease. During that time period, the pandemic impacted the everyday lives of Americans and the institutions we depend on. The judicial system in particular was affected by COVID-19. In Virginia, the Supreme Court of Virginia declared a judicial emergency in response to the pandemic. As a result of this judicial emergency, the trial of many criminal defendants were postponed for an indefinitie period of time. This resulted in many criminal …

Analyzing The Post-Marchand "Expansion" Of Mission Critical Risks: Cybersecurity, Climate Change, And Caremark, Kelly S. O'Brien

University of Richmond Law Review

We are currently seeing an environment in which the public is holding corporations to a higher standard and has rising expectations about the role of corporations in today's society. Large corporations are under attack, and stakeholders and shareholders alike are pressing corporations about their social responsibility, in addition to their corporation governance responsibility. In re Caremark International Inc. Derivative Litigation established the standard for director oversigh liability under Delaware law. A Caremark claim seeking to hold directors liable for failure to exercise oversight is "possibly the most difficult theory in corporation law upon which a plaintiff might hope to win …