Courts Commons^™

Newsroom: Margulies On 'Ghostwriting', Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Newsroom: Logan On Justice Scalia's Vitriol, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Practical Tips For Interpreting Statutory Overrides, Deborah A. Widiss

Articles by Maurer Faculty

No abstract provided.

Proportional Response: The Need For More—And More Standardized—Veterans’ Courts, Claudia Arno

University of Michigan Journal of Law Reform

Over the past two decades, judges and legislators in a number of states have recognized significant shortcomings in the ways traditional systems of criminal corrections address cases involving criminal offenders who are veterans of the U.S. armed services. This recognition has come at a time when policy-makers have similarly recognized that, for certain subsets of criminal offenders, “diversionary” programs may achieve better policy results than will traditional criminal punishment. In accordance with these dual recognitions, some states have implemented systems of veterans’ courts, in which certain offenders, who are also U.S. veterans, are diverted into programs that provide monitoring, training, …

Access To Justice For Asylum Seekers: Developing An Effective Model Of Holistic Asylum Representation, Sabrineh Ardalan

University of Michigan Journal of Law Reform

Abducted, beaten, and tortured by government forces that accused him of supporting an opposition group, Matthew fled to the United States with the help of his church pastor.1 The pastor lent Matthew money and helped him obtain a passport and a visa. The pastor also put Matthew in touch with an acquaintance in Boston, who gave him a place to stay for a short time and encouraged him to apply for asylum. The acquaintance sat down with Matthew and helped him fill out the asylum application form. He told Matthew to be as specific and detailed as possible since that …

Judge James R. Browning: His Legacy For Montana And The Future Of The Federal Judiciary, The Honorable Sidney R. Thomas

Montana Law Review

No abstract provided.

Spreading Justice To Rural Montana: Rurality's Impacts On Supply And Demand For Legal Services In Montana, Hillary A. Wandler

Montana Law Review

No abstract provided.

Book Review Of Fraudulent Evidence Before Public International Tribunals: The Dirty Stories Of International Law, Nancy Amoury Combs

Faculty Publications

No abstract provided.

The Nlrb, The Courts, The Administrative Procedures Act, And Chevron: Now And Then, Theodore J. St. Antoine

Articles

Decisions of the National Labor Relations Board (NLRB), like those of other administrative agencies, are subject to review by the federal judiciary. Standards of review have evolved over time. The Administrative Procedure Act of 1946 provides that administrative decisions must be in accord with law and required procedure, not arbitrary or capricious, not contrary to constitutional rights, within an agency's statutory jurisdiction, and supported by substantial evidence. In practice, more attention is paid to two Supreme Court decisions, Skidmore (1944) and Chevron (1984). For many years Chevron seemed the definitive test. A court must follow a clear intent of Congress, …

Splitting The Baby: Immigration, Family Law, And The Problem Of The Single Deportable Parent, Timothy E. Yahner

Akron Law Review

The purpose of this article is not to suggest that the Fifth Circuit was wrong in upholding the dismissal of Monica’s case. Indeed, the court was faced with a dilemma that would give King Solomon pause: what to do when two parents claim one child. This article’s purpose is to show that a regulatory solution is preferable to forcing the courts to make impossible choices between parents. Part II discusses the factual and procedural history of Castro. Part III details the policies and rules of law of immigration and custody at play in the case. Part IV explains why the …

The American Jury System: A Synthetic Overview, Richard Lempert

Chicago-Kent Law Review

This essay is intended to provide in brief compass a review of much that is known about the American jury system, including the jury’s historical origins, its political role, controversies over its role and structure, its performance, both absolutely and in comparison to judges and mixed tribunals, and proposals for improving the jury system. The essay is informed throughout by 50 years of research on the jury system, beginning with the 1965 publication of Kalven and Zeisel’s seminal book, The American Jury. The political importance of the jury is seen to lie more in the jury’s status as a one …

New Hardware And Software Innovations (For Volumetric Modeling), A. Keith Turner

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

19 pages (includes illustrations and maps).

Trending@Rwu Law: Professor David Logan's Post: Diversity In The Rhode Island Judiciary, David A. Logan

Law School Blogs

No abstract provided.

Slides: Wrapping Up The Big Horn Adjudication: Lessons After 38 Years And 20,000 Claims, Ramsey L. Kropf

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Ramsey L. Kropf, Deputy Solicitor for Water Resources, Office of the Solicitor, U.S. Department of the Interior

34 slides

Brief Of Amici Curiae Intellectual Property Law Professors In Support Of Appellees Canton Phoenix, Inc. And Bing Pan Zhu, Mark P. Mckenna, Joseph C. Gratz

Court Briefs

No. 14-36018
Slep-Tone Entertainment Corporation v. Canton Phoenix Incorporated

On Appeal from the United States District Court for the District of Oregon 3:14-cv-00764-PK Honorable J. Mosman

From the Summary of Argument

The District Court correctly determined that Slep-Tone’s trademark infringement and unfair competition claims are barred by Dastar v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003).

Slep-Tone’s fundamental complaint is about unauthorized use of its intangible content—karaoke tracks. Under Dastar, however, only confusion regarding the source of physical goods is actionable under the Lanham Act; confusion regarding the source of the karaoke tracks or their authorization …

Slides: Ag Water Sharing: Legal Challenges And Considerations, Peter D. Nichols

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Peter D. Nichols, Esq., Partner, Berg, Hill, Greenleaf and Ruscitti, Boulder, CO

25 slides

Transportation For Students With Disabilities, Charles J. Russo, Allan G. Osborne Jr.

Educational Leadership Faculty Publications

Transportation and other related services for students with disabilities are essential, and the costs associated with their delivery can weigh heavily on district budgets and the minds of school business officials.

School districts typically offer transportation to students with disabilities in district-owned and -operated vehicles, in vehicles owned and operated by private service providers, or via public transportation; occasionally, districts may enter into contracts with parents to transport their children to school. When students are unable to access the standard modes of transportation, school officials must make special transportation arrangements. According to the Individuals with Disabilities Education Act (IDEA) regulations, …

The Call To Witness: Historical Divides, Literary Narrative, And The Power Of Oath, Nancy Cook

Marquette Law Review

A decade ago, in her book, Narrative, Authority and Law, Robin West posed these questions: How might we develop a moral sensibility with which to criticize law that is independent of the influence of law? How should we criticize law from a moral point of view, given the influence of law over our moral beliefs? What is the role of narrative in this enterprise?

The “Call to Witness” is an entreaty to look to narratives as acts of witness for a partial answer to these questions. Narratives bring to light the real conflicts underlying court cases and law, the motives …

Preventing Juror Misconduct In A Digital World: A Comparative Analysis, Thaddeus A. Hoffmeister

School of Law Faculty Publications

This article examines the reform efforts employed by common law countries to address internet-related juror misconduct, which generally arises when jurors use technology to improperly research or discuss a case. The three specific areas of reform are (1) punishment, (2) oversight, and (3) education. The first measure can take various forms ranging from fines to public embarrassment to incarceration. The common theme with all punishments is that once imposed, they make citizens less inclined to want to serve as jurors. Therefore, penalties should be a last resort in preventing juror misconduct.

The second reform measure is oversight, which occurs in …

Disentangling Michigan Court Rule 6.502(G)(2): The "New Evidence" Exception To The Ban On Successive Motions For Relief From Judgment Does Not Contain A Discoverability Requirement, Claire V. Madill

Michigan Law Review

Michigan courts are engaging in a costly interpretative mistake. Confused by the relationship between two distinct legal doctrines, Michigan courts are conflating laws in a manner that precludes convicted defendants from raising their constitutional claims in postconviction proceedings. In Michigan, a convicted defendant who wishes to collaterally attack her conviction must file a 6.500 motion. The Michigan Court Rules generally prohibit “second or subsequent” motions. Nonetheless, section 6.502(G)(2) permits a petitioner to avoid this successive motion ban if her claim relies on “new evidence that was not discovered” before her original postconviction motion. Misguided by the similarity between the language …