Improving Federal Judicial Selection,
2010
University of Richmond School of Law
Improving Federal Judicial Selection, Carl Tobias
University of Richmond Law Review
Part I descriptively analyzes the volume. Part II evaluates the many insights Wittes contributes to readers' appreciation of contemporary federal judicial selection. Part III details numerous recommendations.
Did The Madisonian Compromise Survive Detention At Guantanamo?,
2010
University of Missouri - Kansas City, School of Law
Did The Madisonian Compromise Survive Detention At Guantanamo?, Lumen N. Mulligan
Faculty Works
In this essay, I take up the Court’s less heralded second holding in Boumediene v. Bush - that a federal habeas court must have the institutional capacity to find facts, which in Boumediene itself meant that a federal district court must be available to the petitioners. Although this has gone largely unnoticed, I contend that this holding is inconsistent with the Madisonian Compromise - the standard view that the Constitution does not require jurisdiction in any federal court, except the Supreme Court. In fact, it appears that the Court adopted Justice Story’s position that the Constitution requires vesting of jurisdiction …
The Federal Sentencing Guidelines: A Misplaced Trust In Mechanical Justice,
2010
University of Michigan Law School
The Federal Sentencing Guidelines: A Misplaced Trust In Mechanical Justice, Evangeline A. Zimmerman
University of Michigan Journal of Law Reform
In 1984 the Sentencing Reform Act was passed, ending fully discretionary sentencing by judges and allowing for the creation of the Federal Sentencing Guidelines ("FSG" or "Guidelines"). This Note proposes that the Guidelines failed not only because they ran afoul of the Sixth Amendment, as determined by the Supreme Court in 2005, but also because they lacked a clear underlying purpose, had a misplaced trust in uniformity, and were born of political compromise. Moreover, the effect of the FSG was to blindly shunt discretionary decisions from judges, who are supposed to be neutral parties, to prosecutors, who are necessarily partisan. …
The Impact Of Civilian Aggravating Factors On The Military Death Penalty (1984-2005): Another Chapter In The Resistance Of The Armed Forces To The Civilianization Of Military Justice,
2010
Michigan State University College of Law
The Impact Of Civilian Aggravating Factors On The Military Death Penalty (1984-2005): Another Chapter In The Resistance Of The Armed Forces To The Civilianization Of Military Justice, Catherine M. Grosso, David C. Baldus, George Woodworth
University of Michigan Journal of Law Reform
In 1984, the U.S. Armed Forces amended its capital punishment system for death eligible murder to bring it into compliance with Furman v. Georgia. Those amendments were modeled after death penalty legislation prevailing in over thirty states. After a brief period between 1986 and 1990, the charging decisions of commanders and the conviction and sentencing decisions of court martial members (jurors) transformed the military death penalty system into a dual system that treats two classes of death eligible murder quite differently. Since 1990, a member of the armed forces accused of a killing a commissioned officer or murder with a …
The Managerial Judge Goes To Trial,
2010
SMU Dedman School of Law
The Managerial Judge Goes To Trial, Elizabeth G. Thornbug
University of Richmond Law Review
No abstract provided.
Sex, Drug Courts, And Recidivism,
2010
University of Nevada Las Vegas
Sex, Drug Courts, And Recidivism, Doria Nour Dandan
UNLV Theses, Dissertations, Professional Papers, and Capstones
Research studies have identified gender differences in the drug abusing patterns and treatment needs of men and women. Even so, studies on the drug court model have not assessed drug court effectiveness across sex. Using secondary data collected from the Ada County Drug Court, the recidivism rates of drug court participants (n=259) and probationers (n=235) were analyzed. Drug court participants were found to be less likely to recidivate compared to probationers, which supports previous research on drug court effectiveness. Regression analyses failed to find an interaction between group membership and sex, thereby indicating that the effect of the drug court …
Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process,
2010
Brigham Young University Law School
Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process, Max Minzner
BYU Law Review
No abstract provided.
Bombed Away: How The Second Circuit Destroyed Fourth Amendment Rights Of U.S. Citizens Abroad,
2010
Brigham Young University Law School
Bombed Away: How The Second Circuit Destroyed Fourth Amendment Rights Of U.S. Citizens Abroad, Carla Crandall
BYU Law Review
No abstract provided.
Terrorism And The Law: Show Trials And Why The Show Must Go On,
2010
Embry-Riddle Aeronautical University
Terrorism And The Law: Show Trials And Why The Show Must Go On, Ibpp Editor
International Bulletin of Political Psychology
The author discusses the nature and meaning of terrorism trials during the United States’ war on terror.
The Ripple Effect: Guantanamo Bay In The United Kingdom's Courts,
2010
Newcastle University
The Ripple Effect: Guantanamo Bay In The United Kingdom's Courts, C.R.G. Murray
Pace International Law Review Online Companion
The human rights abuses suffered by detainees held at Guantánamo Bay have dominated many of the cases before the United Kingdom’s courts. The Human Rights Act of 1998, still relatively new to the statute book, played a central role in the detainees’ arguments. The ultimate court decisions, however, often relegate such factors to the background of the case. This article examines why the deciding courts declined to develop the law of diplomatic protection on the basis of human rights concerns, and why such arguments continue to be employed by detainees. Furthermore, the article assesses why the English courts have shown …
National Security Courts: A European Perspective,
2010
Georgian Academy of Sciences
National Security Courts: A European Perspective, Mindia Vashakmadze
Pace International Law Review Online Companion
No abstract provided.
Jurisdictional Discovery In United States Federal Courts,
2010
University of Missouri School of Law
Jurisdictional Discovery In United States Federal Courts, S. I. Strong
Faculty Publications
The article begins with a discussion of the historical development and jurisprudential bases for jurisdictional discovery, then analyzes the two major structural problems with the device, namely (1) the lack of any identifiable standard regarding when jurisdictional discovery will be ordered and (2) the absence of any understanding about the proper scope of such discovery. Next, the article describes the root causes of these structural inadequacies and proposes several ways to address the root concerns, relying on a new line of Supreme Court precedent (including Ashcroft v. Iqbal) as well as analogies to other common law jurisdictions. The paper concludes …
Tort Damages And The New Science Of Happiness,
2010
Rutgers School of Law, Camden
Tort Damages And The New Science Of Happiness, Rick Swedloff, Peter H. Huang
Indiana Law Journal
No abstract provided.
The Language Of Supreme Court Briefs: A Large-Scale Quantitative Investigation,
2010
University of Arkansas Little Rock
The Language Of Supreme Court Briefs: A Large-Scale Quantitative Investigation, Brady Coleman, Quy Phung
The Journal of Appellate Practice and Process
No abstract provided.
Using Legislative History In Arkansas To Determine Legislative Intent: An Examination Of Cases And Review Of The Sources,
2010
University of Arkansas at Little Rock William H. Bowen School of Law
Using Legislative History In Arkansas To Determine Legislative Intent: An Examination Of Cases And Review Of The Sources, Kathryn C. Fitzhugh, Melissa M. Serfass
University of Arkansas at Little Rock Law Review
This article summarizes the legislative process in Arkansas. It lists and provides descriptions of Arkansas's primary sources of legislation, including print and online resources. An examination of case law focuses on this question: what do Arkansas appellate courts mean when they say they consider legislative history in determining the intent of the legislature; specifically, what types of information will the courts consider? A brief discussion of several general rules of statutory construction in Arkansas precedes an examination of specific sources the courts have relied on. These sources include House and Senate Journals, act titles, preambles, emergency clauses, official commentary, executive …
State Supreme Court Opinions As Law Development,
2010
University of Arkansas Little Rock
State Supreme Court Opinions As Law Development, Victor Eugene Flango
The Journal of Appellate Practice and Process
No abstract provided.
Matters In Abatement,
2010
University of Arkansas Little Rock
Matters In Abatement, Aaron R. Petty
The Journal of Appellate Practice and Process
No abstract provided.
Lethal Discrimination,
2010
University of Arkansas at Little Rock William H. Bowen School of Law
Lethal Discrimination, J. Thomas Sullivan
Law Faculty Scholarship
No abstract provided.
The Usual Practice: Raising And Deciding Failure To Exhaust Administrative Remedies As An Affirmative Defense Under The Prison Litigation Reform Act,
2010
Benjamin N. Cardozo School of Law
The Usual Practice: Raising And Deciding Failure To Exhaust Administrative Remedies As An Affirmative Defense Under The Prison Litigation Reform Act, Joshua S. Moskovitz
Cardozo Law Review
No abstract provided.
Law Versus Ideology: The Supreme Court And The Use Of Legislative History,
2010
William & Mary Law School
Law Versus Ideology: The Supreme Court And The Use Of Legislative History, David S. Law, David Zaring
William & Mary Law Review
Much of the social science literature on judicial behavior has focused on the impact of ideology on how judges vote. For the most part, however, legal scholars have been reluctant to embrace empirical scholarship that fails to address the impact of legal constraints and the means by which judges reason their way to particular outcomes. This Article attempts to integrate and address the concerns of both audiences by way of an empirical examination of the Supreme Court’s use of a particular interpretive technique— namely, the use of legislative history to determine the purpose and meaning of a statute. We analyzed …
