Courts Commons^™

Small Claims Disputes In Nova Scotia And Access To Justice, William H. Charles

Dalhousie Law Journal

The author examines, in some detail, the current operations of the Nova Scotia Small Claims Court to determine whether the court, established forty years ago, is still fulfilling its legislative mandates of providing ready access to speedy, informal and inexpensive justice. After reviewing historical attempts by the legal system to provide an effective mechanism to adjudicate minor disputes, and the various factors that eventually resulted in the creation of the present court in 1980, the author identifies a number of other factors that historically had a negative impact on the operation of the court. Many of these, involving court jurisdiction, …

Intervenors At The Supreme Court Of Canada, Geoffrey D. Callaghan

Dalhousie Law Journal

My aim in this paper is to offer a normatively attractive and explanatorily sound interpretation of the Supreme Court of Canada’s approach to third party intervention. The crux of my interpretation is that the policy the Court has developed on intervenors allows it to strike a reasonable balance among a number of competing democratic considerations, all of which have value in the context of judicial decision making. In this respect, the Court should be commended for identifying a way to liberalize a practice that possesses many democratically-attractive features, but also the inherent capacity to undermine the democratic standing of the …

Popping The Question: What The Questionnaire For Federal Judicial Appointments Reveals About The Pursuit Of Justice, Diversity, And The Commitment To Transparency, Agathon Fric

Dalhousie Law Journal

Since 2017, the Canadian government has published excerpts from questionnaires that prospective judges completed as part of the judicial selection process, subjecting newly appointed superior and federal court judges to a degree of scrutiny that is unprecedented in Canadian history. Using this novel source material, this article explores what a sample of 16 judges’ questionnaires do and do not say about the individuals behind the robes. This review suggests that those appointed to the bench in 2017 generally demonstrate insight into the judicial role in Canada. However, some provide only superficial responses, others parrot back normative values that the government …

Snap Removal: Concept; Cause; Cacophony; And Cure, Jeffrey W. Stempel, Thomas O. Main, David Mcclure

Scholarly Works

So-called “snap removal” – removal of a case from state to federal court prior to service on a forum state defendant – has divided federal trial courts for 20 years. Recently, panels of the Second, Third and Fifth Circuits have sided with those supporting the tactic even though it conflicts with the general prohibition on removal when the case includes a forum state defendant, a situation historically viewed as eliminating the need to protect the outsider defendant from possible state court hostility.

Consistent with the public policy underlying diversity jurisdiction – availability of a federal forum to protect against defending …

Sociolegal Research, The Law School Survey Of Student Engagement, And Studying Diversity In Judicial Clerkships, Shih-Chun Steven Chien, Ajay K. Mehrotra, Xiangnong Wang

Scholarly Works

No abstract provided.

The Life And Legal Legacy Of Justice Steven L. Zinter, Neil Fulton

Faculty Publications

Justice Steven L. Zinter was a vital part of South Dakota's legal landscape for decades. As a private practitioner, circuit court judge, supreme court justice, and in other official capacities, he forged a powerful legacy in South Dakota. Over the course of his time he worked on cases large and small in many areas of law. He was recognized as a brilliant legal mind, precise writer, and careful thinker. It is a challenge to capture the breadth and depth of such a career. This article takes a look at his personal formation, his legal work in several settings, and how …

Interring The Immigration Rule Of Lenity, Patrick J. Glen

Georgetown Law Faculty Publications and Other Works

The immigration rule of lenity has haunted immigration jurisprudence since its initial iteration in 1947. But as with any spectral entity, its existence is more ephemeral than real. The rule was meant to be a tie-breaker of sorts, a canon that where a provision of the immigration laws was ambiguous, the courts should impose the more lenient construction. It has never, however, been the dispositive basis for a holding of the Supreme Court. Rather, to the extent it has been referenced, it has been trotted out only as a rhetorical device to sanction a decision reached on other grounds. Even …

Restoring Stare Decisis In The Wake Of Janus V. Afscme, Council 31, James Tilghman

NYLS Law Review

No abstract provided.

Covid, Crisis, And Courts, Colleen Shanahan, Alyx Mark, Jessica Steinberg, Anna Carpenter

Faculty Articles

Our country is in crisis. The inequality and oppression that lies deep in the roots and is woven in the branches of our lives has been laid bare by a virus. Relentless state violence against Black people has pushed protestors to the streets. We hope that the legislative and executive branches will respond with policy change for those who struggle the most among us: rental assistance, affordable housing, quality public education, comprehensive health and mental health care. We fear that the crisis will fade, and we will return to more of the same. Whatever lies on the other side of …

Judicial Independence: Origins And Contemporary Challenges, David J. Barron

Roger Williams University Law Review

No abstract provided.

Boldly Marching Through Closed Doors: The Experiences Of The Earliest Female Attorneys In Their Own Words, Nicole P. Dyszlewski

Roger Williams University Law Review

No abstract provided.

The Hard Truths Of Progressive Prosecution And A Path To Realizing The Movement’S Promise, Seema Gajwani, Max G. Lesser

NYLS Law Review

No abstract provided.

“Remarkable Influence”: The Unexpected Importance Of Justice Scalia’S Deceptively Unanimous And Contested Majority Opinions, Linda L. Berger, Eric C. Nystrom

Scholarly Works

What constitutes judicial influence and how should it be measured? Curious about the broader role that rhetoric plays in judicial influence over time, we undertook a rhetorical-computational analysis of the 282 majority opinions that Justice Scalia wrote during his 30 years on the Supreme Court. Our analysis is the first to examine the full majority opinion output of a Supreme Court justice using a unique “medium data” approach that combines rhetorical coding with quantitative analysis relying on Shepard’s Citations and LexisNexis headnotes. The resulting study casts doubt on the ability of judicial authors, including Justice Scalia, to control the extent …

Pushing The Envelope: Salzberg V. Sciabacucchi And Delaware's Evolving View Of The Internal Affairs Doctrine, Mark J. Loewenstein

Publications

In January, 2020, the Delaware Supreme Court handed down its decision in Salzberg v. Sciabacucchi, upholding a provision in a certificate of incorporation that designated the federal courts as the exclusive jurisdiction for the litigation of claims under the federal Securities Act of 1933. The inclusion of these provisions in Delaware charters and bylaws – often referred to as “Federal Forum Provisions” or FFPs – raised important questions as to the reach of the internal affairs doctrine. This doctrine provides that the jurisdiction of incorporation regulates the internal affairs of its corporations: the relationship among and between the corporate …

Trust The Process: Understanding Procedural Standing Under Spokeo, Jon Romberg

Oklahoma Law Review

No abstract provided.

New Prime Inc. V. Oliveira: Putting The Wheels Back On The Faa’S Section 1 Exemption For Transportation Workers, Reed C. Trechter

Oklahoma Law Review

No abstract provided.

Citing Sisters: A Study Of The Oklahoma Appellate Courts, Lee F. Peoples

Oklahoma Law Review

No abstract provided.

Table Of Contents

University of Richmond Law Review

No abstract provided.

The Political Process Of Preemption, Paul A. Diller

University of Richmond Law Review

Preemption, particularly of the state-city variety, has become a hot topic. State legislatures in many states over the last decade have preempted a wide swath of areas in which cities and counties were previously free to govern. In addition to the sweeping nature and frequency of preemption, the increasingly aggressive methods of enforcing preemption have drawn notice. The threat of fiscal penalties, removal of local officials from office, and even criminal sanctions constitute what one scholar has dubbed the phenomenon of “hyper preemption.”

Excessive Force: A Feasible Proximate Cause Approach, Latasha M. James

University of Richmond Law Review

Through an analysis of the statutory and case law surrounding the use of excessive force, this Comment will review how differentiating applications of the law have led to varying and sometimes unjust results. Jurisdictions differ regarding what pre-shooting conduct can be considered, what the “objective reasonableness” standard encompasses, and how tort law should impact this analysis. Therefore, this Comment works to provide a framework for the consistent application of the objective reasonableness standard. Part I reviews the proscribed levels of force, noting when the use of force becomes excessive, and discusses the tort concept of proximate cause and how the …