There’S A Whole World Out There: Justice Kennedy’S Use Of International Sources,
2013
Pacific McGeorge School of Law
There’S A Whole World Out There: Justice Kennedy’S Use Of International Sources, Stephen C. Mccaffrey
McGeorge School of Law Scholarly Articles
No abstract provided.
Do The Federal Courts Sweep Buie Clean?,
2013
American University Washington College of Law
Do The Federal Courts Sweep Buie Clean?, Jeffrey T. Wennar
Criminal Law Practitioner
No abstract provided.
In Praise Of Judge Fletcher-And Of General Standing Principles,
2013
Duke Law School
In Praise Of Judge Fletcher-And Of General Standing Principles, Ernest A. Young
Faculty Scholarship
No abstract provided.
Legal Writing For The Real World: A Practical Guide To Success, 46 J. Marshall L. Rev. 487 (2013),
2013
UIC School of Law
Legal Writing For The Real World: A Practical Guide To Success, 46 J. Marshall L. Rev. 487 (2013), Megan Boyd, Adam Lamparello
UIC Law Review
No abstract provided.
Feres Doctrine: "Don't Let This Be It. Fight!", 46 J. Marshall L. Rev. 607 (2013),
2013
UIC School of Law
Feres Doctrine: "Don't Let This Be It. Fight!", 46 J. Marshall L. Rev. 607 (2013), Jennifer Zyznar
UIC Law Review
No abstract provided.
Using The Language Of Turner V. Rogers To Advocate For A Right To Counsel In Immigration Removal Proceedings, 46 J. Marshall L. Rev. 893 (2013),
2013
UIC School of Law
Using The Language Of Turner V. Rogers To Advocate For A Right To Counsel In Immigration Removal Proceedings, 46 J. Marshall L. Rev. 893 (2013), Shane T. Devins
UIC Law Review
No abstract provided.
Potentiate Liability And Preventing Fault Attribution: The Intoxicated “Offender” And Anglo-American Dépecage Standardisations, 47 J. Marshall L. Rev. 57 (2013),
2013
UIC School of Law
Potentiate Liability And Preventing Fault Attribution: The Intoxicated “Offender” And Anglo-American Dépecage Standardisations, 47 J. Marshall L. Rev. 57 (2013), Alan Reed, Nicola Wake
UIC Law Review
No abstract provided.
Flexible Scheduling And Gender Equiality: The Working Families Flexibility Act Under The Fourteenth Amendment,
2013
University of Michigan Law School
Flexible Scheduling And Gender Equiality: The Working Families Flexibility Act Under The Fourteenth Amendment, Lane C. Powell
Michigan Journal of Gender & Law
The Working Families Flexibility Act (“WFFA”) as proposed in 2012 would create a federal right for employees to request flexible work arrangements. However, the bill contains no private right of action for employees to enforce this new right. By reframing the WFFA as an anti-discrimination statute targeting unconstitutional sex discrimination on the part of the States, the WFFA could be upheld under Section 5 of the Fourteenth Amendment, allowing Congress to provide a private right of action for both private and state employees. This Note uses the Supreme Court’s decisions on the Family Medical Leave Act in Hibbs and Coleman …
Trial Jurors And Variables Influencing Why They Return The Verdicts They Do - A Guide For Practicing And Future Trial Attorneys,
2013
Barry University
Trial Jurors And Variables Influencing Why They Return The Verdicts They Do - A Guide For Practicing And Future Trial Attorneys, Mitchell J. Frank, Osvaldo F. Morera
Faculty Scholarship
No abstract provided.
Using The Scientific Method In The Law: Examining State Interlocutory Appeals Procedures That Would Improve Uniformity, Efficiency, And Fairness In The Federal Appellate System,
2013
Cleveland State University
Using The Scientific Method In The Law: Examining State Interlocutory Appeals Procedures That Would Improve Uniformity, Efficiency, And Fairness In The Federal Appellate System, Hannah M. Smith
Cleveland State Law Review
[T}he current use of the federal interlocutory appeal process operates much like an appeal-less system. A pretrial motion is filed, the interlocutory order is given, and the petition for interlocutory review is usually denied. Thus, the case continues. It may continue into settlement negotiations or go to trial where the losing party files an appeal. That final appeal could find that the lower court erred, rendering that trial meritless. In reaching any of those stages, the adversely affected party more than likely devoted unnecessary time, resources, and finances in the case. Additionally, the parties are often unable to predict success …
Symmetry For Symmetry’S Sake: Why Bose Does Not Require Independent Review Of A Trial Court’S First-Amendment-Favorable Findings Of Fact,
2013
Benjamin N. Cardozo School of Law
Symmetry For Symmetry’S Sake: Why Bose Does Not Require Independent Review Of A Trial Court’S First-Amendment-Favorable Findings Of Fact, Joshua Wurtzel
Cardozo Law Review de•novo
This Note argues that Bose does not support the symmetrical application of independent review of facts by appellate courts in First Amendment cases, regardless of whether the First Amendment claimant won or lost below. While symmetrical procedures and results may be desirable in most parts of the law, symmetry is not required where that symmetry will inhibit a greater constitutional interest. In the independent review context, symmetrical application of Bose results in the reversal of First Amendment wins that would otherwise be upheld under clear error review. This result is clearly antithetical to Bose’s purpose of enhancing First Amendment protections.
Dealing With The Appellate Caseload Crisis: The Report Of The Federal Courts Study Committee Revisited,
2013
New York Law School
Dealing With The Appellate Caseload Crisis: The Report Of The Federal Courts Study Committee Revisited, Roger J. Miner '56
Federal Court System and Administration
No abstract provided.
Courts Of Appeal And Colonialism In The British Caribbean: A Case For The Caribbean Court Of Justice,
2013
University of Michigan Law School
Courts Of Appeal And Colonialism In The British Caribbean: A Case For The Caribbean Court Of Justice, Ezekiel Rediker
Michigan Journal of International Law
In recent years, a public debate on law and the colonial legacy has engaged people of all walks of life in the English Speaking Caribbean (ESC), from judges and politicians to young people in the streets. Throughout the ESC, the Judicial Committee of the Privy Council (JCPC)—based in London and composed of British jurists—has been the highest court of appeal since the colonial era. In the past decade, however, Caribbean governments have sought greater control over their legal systems. In 2005, they created the Caribbean Court of Justice (CCJ) to supplant the British Privy Council as the Supreme Court for …
Judicial Attention As A Scarce Resource: A Preliminary Defense Of How Judges Allocate Time Across Cases In The Federal Courts Of Appeals,
2013
Duke Law School
Judicial Attention As A Scarce Resource: A Preliminary Defense Of How Judges Allocate Time Across Cases In The Federal Courts Of Appeals, Marin K. Levy
Faculty Scholarship
Federal appellate judges no longer have the time to hear argument and draft opinions in all of their cases. The average annual filing per active judgeship now stands at 330 filed cases per year — more than four times what it was sixty years ago. In response, judges have adopted case management strategies that effectively involve spending significantly less time on certain classes of cases than on others. Various scholars have decried this state of affairs, suggesting that the courts have created a “bifurcated” system of justice with “separate and unequal tracks.” These reformers propose altering the relevant constraints of …
The Origin And Evolution Of The Third Party “Refusal To Deal” Defense In Illinois Corporate Opportunity Cases, 46 J. Marshall L. Rev. 937 (2013),
2013
UIC School of Law
The Origin And Evolution Of The Third Party “Refusal To Deal” Defense In Illinois Corporate Opportunity Cases, 46 J. Marshall L. Rev. 937 (2013), William Lynch Schaller
UIC Law Review
No abstract provided.
Voir Dire In The #Lol Society: Jury Selection Needs Drastic Updates To Remain Relevant In The Digital Age, 47 J. Marshall L. Rev. 459 (2013),
2013
UIC School of Law
Voir Dire In The #Lol Society: Jury Selection Needs Drastic Updates To Remain Relevant In The Digital Age, 47 J. Marshall L. Rev. 459 (2013), Zachary Mesenbourg
UIC Law Review
No abstract provided.
Waiting Is The Hardest Part: Why The Supreme Court Should Adopt The Third Circuit's Analysis Of Pay-For-Delay Settlement Agreements,
2013
Loyola University Chicago, School of Law
Waiting Is The Hardest Part: Why The Supreme Court Should Adopt The Third Circuit's Analysis Of Pay-For-Delay Settlement Agreements, Marlee P. Kutcher
Loyola University Chicago Law Journal
No abstract provided.
Heuristics, Cognitive Biases, And Accountability: Decision-Making In Dependency Court,
2013
University of the District of Columbia
Heuristics, Cognitive Biases, And Accountability: Decision-Making In Dependency Court, Matthew I. Fraidin
Journal Articles
On tens of thousands of occasions each year, state court judges wrongly separate children from their families and place them in foster care. And while a child is in foster care, judges are called on to render hundreds of decisions affecting every aspect of the child’s life. This Article uses insights from social psychology research to analyze the environment of dependency court and to recommend changes that will improve decisions. Research indicates that decision makers aware at the time they make a decision that they will be called upon later to explain it may engage in a systematic, deliberate decision-making …
Minding The Court: Enhancing The Decision-Making Process,
2013
University of Missouri - Kansas City, School of Law
Minding The Court: Enhancing The Decision-Making Process, Pamela Casey, Kevin Burke, Steve Leben
Faculty Works
A compelling and growing body of research from the fields of cognitive psychology and neuroscience provides important insights about how we process information and make decisions. This research has great potential significance for judges, who spend much of their time making decisions of great importance to others. For most judges, this research literature is not part of their judicial education. This article reviews cutting edge research about decision making and discusses its implications for helping judges and those who work with them produce fair processes and just outcomes. It builds on a 2007 American Judges Association paper that encouraged judges …
Deconstructing Antisocial Personality Disorder And Psychopathy: Guidelines-Based Approach To Prejudicial Psychiatric Labels,
2013
University of Missouri - Kansas City, School of Law
Deconstructing Antisocial Personality Disorder And Psychopathy: Guidelines-Based Approach To Prejudicial Psychiatric Labels, Kathleen Wayland, Sean O'Brien
Faculty Works
Prejudicial psychiatric labels such as antisocial personality disorder and psychopathy have an inherently prejudicial effect on courts and juries, particularly in cases involving the death penalty. This article explains how and why these labels are inherently aggravating, and also discusses the mental health literature indicating that they are subjective, unreliable and non-scientific. The authors conclude that no competent defense lawyer would pursue a mitigation case based on such a damaging and scientifically questionable psychiatric label. Further, a proper life history investigation conducted in accordance with the ABA Guidelines on the Appointment and Performance of Defense Counsel in Death Penalty Cases …
