The "Csi Effect": Tv Crime Dramas' Impact On Justice,
2017
Benjamin N. Cardozo School of Law
The "Csi Effect": Tv Crime Dramas' Impact On Justice, Michael Johnson
Cardozo Public Law, Policy & Ethics Journal
The note examines the "CSI Effect," a phenomenon where crime dramas like *CSI* influence jurors' expectations, potentially affecting trial outcomes. It explores whether this effect exists, its implications, and proposes solutions to mitigate its impact on the criminal justice system.
The Doxing Dilemma: Seeking A Remedy For The Malicious Publication Of Personal Information,
2017
Fordham University School of Law
The Doxing Dilemma: Seeking A Remedy For The Malicious Publication Of Personal Information, Julia M. Macallister
Fordham Law Review
In recent years, malevolent actors have seized upon a new tool to harass, silence, threaten, and injure people online: doxing—the malicious publication of personal identifying information like a home address. Although doxing is an online tool, it causes concrete and serious harm to victims by moving harassment from the Internet to the physical world. Congress and state legislatures have begun to address different forms of cyberharassment. However, no effective and consistent legal remedy for doxing currently exists. This Note examines and critiques current federal and state schemes, and it ultimately proposes that lower federal courts should adopt a new intent …
The Doxing Dilemma: Seeking A Remedy For The Malicious Publication Of Personal Information,
2017
Fordham University School of Law
The Doxing Dilemma: Seeking A Remedy For The Malicious Publication Of Personal Information, Julia M. Macallister
Fordham Law Review
In recent years, malevolent actors have seized upon a new tool to harass, silence, threaten, and injure people online: doxing—the malicious publication of personal identifying information like a home address. Although doxing is an online tool, it causes concrete and serious harm to victims by moving harassment from the Internet to the physical world. Congress and state legislatures have begun to address different forms of cyberharassment. However, no effective and consistent legal remedy for doxing currently exists. This Note examines and critiques current federal and state schemes, and it ultimately proposes that lower federal courts should adopt a new intent …
It’S Time For An Intervention!: Resolving The Conflict Between Rule 24(A)(2) And Article Iii Standing,
2017
Fordham University School of Law
It’S Time For An Intervention!: Resolving The Conflict Between Rule 24(A)(2) And Article Iii Standing, Gregory R. Manring
Fordham Law Review
This Note argues that federal courts should employ an approach that is more related to maintaining the benefits of Rule 24 without running afoul of Article III—a task the yes-or-no approach is ill equipped to handle. Ultimately, an approach that is based on employing a standing analysis only where the Case or Controversy Clause is implicated anew allows the greatest access to the intervention device without running the risk of entertaining nonjusticiable disputes.
Before Interpretation,
2017
University at Buffalo School of Law
Before Interpretation, Anya Bernstein
Journal Articles
What a statutory interpretation opinion interprets may seem given. It is not: this article shows how judges select what text to interpret. That text may seem to carry with it one of a limited range of contexts. It does not: this article shows how judges draw on a variety of factors to situate the texts they interpret in unique, case-specific contexts. Selecting and situating form the infrastructure of interpretation. Their creativity and choice provide the basis on which assertions of determinate meaning are made. That process reveals how contestation and indeterminacy permeate legal interpretation even as judicial opinions seek to …
It’S Time For An Intervention!: Resolving The Conflict Between Rule 24(A)(2) And Article Iii Standing,
2017
Fordham University School of Law
It’S Time For An Intervention!: Resolving The Conflict Between Rule 24(A)(2) And Article Iii Standing, Gregory R. Manring
Fordham Law Review
This Note argues that federal courts should employ an approach that is more related to maintaining the benefits of Rule 24 without running afoul of Article III—a task the yes-or-no approach is ill equipped to handle. Ultimately, an approach that is based on employing a standing analysis only where the Case or Controversy Clause is implicated anew allows the greatest access to the intervention device without running the risk of entertaining nonjusticiable disputes.
Breaking Bad Briefs,
2017
New York Law School
Breaking Bad Briefs, Heidi K. Brown
Articles & Chapters
This article focuses on the practical effects of bad briefing on our legal process and suggests a holistic remedy: a system-wide commitment to striving to instill in law students and lawyers a respect for legal writing as, not only a fundamental competency of our chosen profession, but a talent that requires initial training, focused study, repeated practice, and conscious evolution throughout the arc of one’s legal education and career. Effective brief-writing is not as simple as a quick cut-and-paste job, a template download, or a stream-of-consciousness exercise, even for lawyers who repeatedly practice one type of case. Part I of …
The Patently Unexceptional Venue Statute,
2017
Boston University School of Law
The Patently Unexceptional Venue Statute, Paul Gugliuzza, Megan M. La Belle
Faculty Scholarship
Legal doctrines developed by the U.S. Court of Appeals for the Federal Circuit are often derided as “exceptionalist,” particularly on issues of procedure. The court’s interpretation of the venue statute for patent infringement suits seems, at first glance, to fit that mold. According to the Federal Circuit, the statute places few constraints on the plaintiff’s choice of forum when suing corporate defendants. This permissive venue rule has lead critics to suggest that the court is, once again, outside the mainstream. The Supreme Court’s recent grant of certiorari in TC Heartland v. Kraft Foods would seem to indicate that those critics …
An Originalist Defense Of Plyler V. Doe,
2017
Brigham Young University Law School
An Originalist Defense Of Plyler V. Doe, Steven G. Calabresi, Lena M. Barsky
BYU Law Review
This Article offers a defense of the Supreme Court’s opinion in Plyler v. Doe based on the original public meaning of the Fourteenth Amendment when it was enacted in 1868. We argue that at that time, the Fourteenth Amendment granted certain rights, such as life, liberty, and possession of personal property, to immigrants under the Equal Protection and Due Process Clauses, but did not grant them the privileges and immunities of citizenship (e.g. all civil rights and the political right to vote). We also argue that public education is a right of all persons protected by the Due Process and …
Boundary Dispute: The Presumption Against Extraterritoriality As Judicial Nondelegation,
2017
Brigham Young University Law School
Boundary Dispute: The Presumption Against Extraterritoriality As Judicial Nondelegation, Luke Bell
BYU Law Review
No abstract provided.
Bringing Racial Justice To The Courtroom And Community: Race Matters For Juvenile Justice And The Charlotte Model,
2017
University of North Carolina Charlotte
Bringing Racial Justice To The Courtroom And Community: Race Matters For Juvenile Justice And The Charlotte Model, Susan Mccarter, Elisa Chinn-Gary, Louis A. Trosch, Jr., Ahmed Toure, Abraham Alsaeedi, Jennifer Harrington
Washington and Lee Law Review Online
This article describes regional institutional organizing efforts to bring racial justice to the Charlotte courts and community through a collaborative called Race Matters for Juvenile Justice (RMJJ). The authors explain community and institutional organizing in-depth using the example of minority overrepresentation in the juvenile justice system, but recognize the pervasiveness of racial and ethnic disparities. Moreover, as the Race Matters for Juvenile Justice-Charlotte Model has gained national prominence, many jurisdictions seek to replicate the collaborative and the authors, therefore, provide RMJJ’s history as well as strategies for changing the narrative through communication and education, workforce development, data and research, community …
Preservation: What Is It Good For?,
2017
N.Y. County District Attorney's Office
Preservation: What Is It Good For?, Yuval Simchi-Levi
Pace Law Review
The Article proceeds as follows: in Part A, the preservation doctrine is defined. In Part B, the history of the preservation doctrine is described. In Part C, there is an explanation as to the purpose of preservation. In Part D, there is a description of the appellate process in New York. In Part E, the statutory rules of the New York Court of Appeals are described. In Part F, there is a description of how the rules of preservation have loosened in New York since 2009. In Part G, there is a statistical analysis of the consequences of loosening the …
The Lost Due Process Doctrines,
2017
The Catholic University of America, Columbus School of Law
The Lost Due Process Doctrines, Paul J. Larkin Jr.
Catholic University Law Review
Due process jurisprudence has long been dominated by discussion of its procedural requirements and substantive limitations. Through the lens of the Constitution’s Due Process Clause, however, the Supreme Court has also considered the geographic reach and substantive exercise of legal authority, the delegation of law making to private parties, the incorporation doctrine, and the issues of fundamental fairness. These doctrines have existed for some time, but the Supreme Court has never explained how they fit into its “procedural vs. substantive” dichotomy. This article examines these Lost Due Process Doctrines and poses the question of whether they should suffer the same …
The Crushing Of A Dream: Daca, Dapa And The Politics Of Immigration Law Under President Obama,
2017
Barry University School of Law
The Crushing Of A Dream: Daca, Dapa And The Politics Of Immigration Law Under President Obama, Robert H. Wood
Barry Law Review
No abstract provided.
Gaars And The Nexus Between Statutory Interpretation And Legislative Drafting: Lessons For The U.S. From Canada,
2017
University of Michigan Law School
Gaars And The Nexus Between Statutory Interpretation And Legislative Drafting: Lessons For The U.S. From Canada, Reuven S. Avi-Yonah, Amir Pichhadze
Articles
Rules targeting specific known schemes are not the only tools available in the battle against tax avoidance. Legal systems also use measures that apply generally. The U.S. for example has tended to rely heavily on general doctrines. One such doctrine which is discussed in part 2 of this chapter is the “economic substance” doctrine. Yet as Xiong and Evans recently pointed out “although such judicial doctrines can be used to deal with various aspects of complicated tax abuse judges tended sometimes to limit and sometimes to enlarge the scope of jurisprudential interpretation leading to substantial uncertainty and risk.” One way …
Toward A Theory Of The Political Defense,
2017
St. John's University School of Law
Toward A Theory Of The Political Defense, Isidore Silver
The Catholic Lawyer
No abstract provided.
When Is A Criminal Trial Not A Criminal Trial? - The Case Against Jury Trials In Juvenile Court,
2017
St. John's University School of Law
When Is A Criminal Trial Not A Criminal Trial? - The Case Against Jury Trials In Juvenile Court, Ronald G. Russo
The Catholic Lawyer
No abstract provided.
Race And Wrongful Convictions In The United States,
2017
University of Michigan Law School
Race And Wrongful Convictions In The United States, Samuel R. Gross, Maurice Possley, Klara Stephens
Other Publications
African Americans are only 13% of the American population but a majority of innocent defendants wrongfully convicted of crimes and later exonerated. They constitute 47% of the 1,900 exonerations listed in the National Registry of Exonerations (as of October 2016), and the great majority of more than 1,800 additional innocent defendants who were framed and convicted of crimes in 15 large-scale police scandals and later cleared in “group exonerations.” We see this racial disparity for all major crime categories, but we examine it in this report in the context of the three types of crime that produce the largest numbers …
Nationwide Injunctions, Rule 23(B)(2), And The Remedial Powers Of The Lower Courts,
2017
Florida State University College of Law
Nationwide Injunctions, Rule 23(B)(2), And The Remedial Powers Of The Lower Courts, Michael T. Morley
Scholarly Publications
No abstract provided.
The Exceptional Role Of Courts In The Constitutional Order,
2017
Trinity College, Oxford
The Exceptional Role Of Courts In The Constitutional Order, N.W. Barber, Adrian Vermeule
Notre Dame Law Review
This Article looks at a rare part of the judicial role: those exceptional cases when the judge is called upon to pass judgment on the constitution itself. This arises in three groups of cases, roughly speaking. First, in exceptional cases the validity of the constitution and the legal order is thrown into dispute. Second, on some occasions the judge is asked to rule on the transition from one constitutional order to another. Third, there are some cases in which the health of the constitutional order requires the judge to act not merely beyond the law, as it were, but actually …
