Marriage Equality Comes To America,
2015
University of Richmond
Marriage Equality Comes To America, Carl W. Tobias
Law Faculty Publications
Marriage equality is sweeping the nation. Four appeals courts recently affirmed district judges’ opinions which invalidated numerous state laws proscribing same-sex marriage. Yet, the Sixth Circuit reversed a number of district jurists, prompting a circuit split that provoked Supreme Court resolution. Because marriage equality’s status is unclear, this piece assesses disposition of the litigation and recommends how to clarify marriage equality.
The Future Of Sex Offense Courts: How Expanding Specialized Sex Offense Courts Can Help Reduce Recidivism And Improve Victim Reporting,
2015
University of Virginia School of Law
The Future Of Sex Offense Courts: How Expanding Specialized Sex Offense Courts Can Help Reduce Recidivism And Improve Victim Reporting, Catharine Richmond, Melissa Richmond
Cardozo Journal of Equal Rights & Social Justice
Specialty sex offense courts are a nascent judicial innovation that seek to improve general public safety by reducing recidivism. Decreased recidivism results from swifter, personalized, experienced, and consistent judicial action that encourages sex offenders to take more responsibility and seek rehabilitative assistance. In these specialized courts, communities of stakeholders work collaboratively to prevent future crime. Although somewhat counterintuitive, specialty courts that offer such intensive and specific attention are often more cost effective and efficient than their traditional counterparts are. This Article posits that sex offense courts should be expanded beyond the handful of jurisdictions where they currently exist, not only …
Efficiency Of Unified Vs. Non-Unified State Judiciaries: An Examination Of Court Organizational Performance,
2015
Virginia Commonwealth University
Efficiency Of Unified Vs. Non-Unified State Judiciaries: An Examination Of Court Organizational Performance, William Raftery
Theses and Dissertations
State court systems function in much the same manner as any other government agency in terms of organization and management to utilize public resources in order to provide a public service. The question posed in the late 19th century was whether the courts should be organized and managed as they had been for centuries as local entities locally controlled and operated or transferred to the state level. The desired end was a more efficient use of public resources to achieve faster disposition of cases. This reorganization, called unification, was made up of three individual components: 1) consolidation required the reduction …
Implicit Bias And The American Juror,
2015
National Center for State Courts
Implicit Bias And The American Juror, Jennifer K. Elek, Paula Hannaford-Agor
Faculty Publications
On March 4, 2015, the United States Department of Justice (DOJ) released a report of findings in its investigation of the Ferguson, Missouri, criminal-justice system. The report contributed to the still-growing body of literature acknowledging contemporary racial inequality and recognizing that these disparities may not be explained on the basis of people's explicit, intentional biases alone. Although the possible effects of implicit bias on justice-system outcomes should be considered at each decision point in case processing, we focus in this article on the potential effects of implicit bias in the decision making of everyday American citizens who are randomly selected …
Terrorism Trials In Article Iii Courts,
2015
Georgetown University Law Center
Terrorism Trials In Article Iii Courts, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
Some individuals reject Article III courts as a forum for bringing terrorist suspects to justice on the grounds that the ordinary judicial system cannot handle such cases. As an empirical matter, this claim is simply false. Since 2001, myriad terrorism trials have progressed through the criminal system. The U.S. Department of Justice (DOJ) reports that between 2001 and 2010, there were 998 defendants indicted in terrorism prosecutions. Eighty-seven percent of the defendants were convicted on at least one charge. According to the Executive Office for the U.S. Attorneys, from FY 2004 to FY 2009, there were 3,010 terrorism prosecutions. It …
Deselecting Biased Juries,
2015
Dale E. Fowler School of Law, Chapman University
Deselecting Biased Juries, Scott W. Howe
Utah Law Review
Critics of peremptory-challenge systems commonly contend that they inevitably inflict “inequality harm” on many excused persons and should be abolished. Ironically, the Supreme Court fueled this argument with its decision in Batson v. Kentucky by raising and endorsing the inequality claim sua sponte and then purporting to solve it with an approach that preserved peremptories. This Article shows, however, that the central problem is something other than inequality harm to excused persons. The central problem is the harm to disadvantaged litigants when their opponents use peremptories to secure a one-sided jury. This problem can arise often—whenever a venire is slanted …
Rationalizing Cost Allocation In Civil Discovery,
2015
William & Mary Law School
Rationalizing Cost Allocation In Civil Discovery, A. Benjamin Spencer
Faculty Publications
A movement is afoot to revise the longstanding presumption that in civil litigation the producing party bears the cost of production in response to discovery requests. An amendment to Rule 26( c )-which took effect in December 2015-makes explicit courts' authority to issue protective orders that shift discovery costs away from producing parties. But this authority is not new; what is new is what may be coming next-an undoing of the producer-pays presumption itself. Thus far, the sentiment to move in this direction has been slightly below the radar, advocated by probusiness interest groups and advocates before the Advisory Committee …
Foreign Relations Law And The Purported Shift Away From "Exceptionalism",
2015
Duke Law School
Foreign Relations Law And The Purported Shift Away From "Exceptionalism", Curtis A. Bradley
Faculty Scholarship
In prior writings, I coined the term “foreign relations exceptionalism” to refer to the view that the federal government’s foreign affairs powers are subject to a different, and generally more relaxed, set of constitutional restraints than those that govern its domestic powers. In a recent article in the Harvard Law Review, The Normalization of Foreign Relations Law, the authors contend that during the past twenty-five years there has been a revolutionary shift away from foreign relations exceptionalism, that this “normalization” trend is likely to continue, and that this development should be welcomed and encouraged. This essay points out various conceptual …
Some Reasons Courts Have Become Active Participants In The Search For Ultimate Moral And Political Truth,
2015
Duke Law School
Some Reasons Courts Have Become Active Participants In The Search For Ultimate Moral And Political Truth, George C. Christie
Faculty Scholarship
This short essay was prompted by the increasing delegation to courts of the responsibility for deciding what are basically moral questions, such as in litigation involving human rights conventions, as well as the responsibility for deciding basic issues of social policy with at best only the most general guidelines to guide their exercise of judicial discretion. The essay discusses some of the reasons for this delegation of authority and briefly describes how courts have struggled to meet this obligation without transcending accepted notions governing the limits of judicial discretion.
Civil Justice Initiative: The Landscape Of Civil Litigation In State Courts,
2015
National Center for State Courts
Civil Justice Initiative: The Landscape Of Civil Litigation In State Courts, Paula Hannaford-Agor, Scott Graves, Shelley Spacek Miller
Faculty Publications
This study was undertaken to inform the deliberations of the Conference of Chief Justices (CCJ) Civil Justice Improvements Committee as it developed recommendations based on evidence-based practices to improve civil case processing in state courts. Much of the debate concerning the American justice system focuses on procedural issues that add complexity to civil litigation, resulting in additional cost and delay and undermining access to justice. Many commentators are alarmed by the increasing privatization of the civil justice system and particularly by the dramatic decline in the rates of civil bench and jury trials. In addition, substantially reduced budgetary resources since …
Appellate Division, First Department, People V. Celaj,
2014
Touro University Jacob D. Fuchsberg Law Center
Appellate Division, First Department, People V. Celaj, Danielle Dupré
Touro Law Review
No abstract provided.
Apellate Division, Third Department, People V. Kelley,
2014
Touro University Jacob D. Fuchsberg Law Center
Apellate Division, Third Department, People V. Kelley, Elyssa Lane
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, People V. Mundo,
2014
Touro University Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York, People V. Mundo, Avinoam Cohen
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, People V. Johnson,
2014
Touro University Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York, People V. Johnson, Denise Shanley
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, People V. Cahill,
2014
Touro University Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York, People V. Cahill, Annette Thompson
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, Watson V. State Commission On Judicial Conduct,
2014
Touro University Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York, Watson V. State Commission On Judicial Conduct, Denise Shanley
Touro Law Review
No abstract provided.
Appellate Division, Third Department, People V. Colon,
2014
Touro University Jacob D. Fuchsberg Law Center
Appellate Division, Third Department, People V. Colon, Jocelin Los
Touro Law Review
No abstract provided.
County Court, Rockland County, People V. Clark,
2014
Touro University Jacob D. Fuchsberg Law Center
County Court, Rockland County, People V. Clark, Lauren Tan
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, People V. Abar,
2014
Touro University Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York, People V. Abar, Danielle Dupré
Touro Law Review
No abstract provided.
4th And 205: How A Rush Of Global Comments Blocked The Sec’S First Attempted Punt Of Attorney-Client Privilege Under Sarbanes-Oxley,
2014
Touro University Jacob D. Fuchsberg Law Center
4th And 205: How A Rush Of Global Comments Blocked The Sec’S First Attempted Punt Of Attorney-Client Privilege Under Sarbanes-Oxley, John Paul Lucci
Touro Law Review
No abstract provided.
