The Propriety Of Jury Questioning: A Remedy For Perceived Harmless Error,
2012
Pepperdine University
The Propriety Of Jury Questioning: A Remedy For Perceived Harmless Error, Laurie Forbes Neff
Pepperdine Law Review
No abstract provided.
A Tribute To Judge Lazer,
2012
Touro Law Center
Leon Lazer: The Giant Among Us,
2012
Touro Law Center
Leon Lazer: The Giant Among Us, Howard Glickstein
Touro Law Review
No abstract provided.
Wrongful Convictions In Singapore: A General Survey Of Risk Factors,
2012
Singapore Management University
Wrongful Convictions In Singapore: A General Survey Of Risk Factors, Siyuan Chen, Eunice Chua
Siyuan CHEN
This article seeks to raise awareness about the potential for wrongful convictions in Singapore by analysing the factors commonly identified as contributing towards wrongful convictions in other jurisdictions, including institutional failures and suspect evidence. It also considers whether the social conditions in Singapore are favourable to discovering and publicising wrongful convictions. The authors come to the conclusion that Singapore does well on a number of fronts and no sweeping reforms are necessary However there are areas of risk viz the excessive focus on crime control rather than due process, which require some tweaking of the system.
Natural Justice: A Case For Uniform Rigour,
2012
Singapore Management University
Natural Justice: A Case For Uniform Rigour, Siyuan Chen, Lionel Leo
Siyuan CHEN
This note considers if there is a discernible framework in which courts resolve alleged claims of breaches of natural justice. On the one hand, once it has been ascertained that the rules of natural justice apply, the court will look at all the circumstances of the case to determine if there has been any u nfairness. On the other hand, it has been suggested th even assuming the rules of natural justice apply, there can be varying degrees of rigour in which they are enforced, a sliding scale of sorts.
Reasonable Suspicion Or Real Likelihood: A Question Of Semantics? Re Shankar Alan S/O Anant Kulkarni,
2012
Supreme Court of Singapore
Reasonable Suspicion Or Real Likelihood: A Question Of Semantics? Re Shankar Alan S/O Anant Kulkarni, Lionel Leo, Siyuan Chen
Siyuan CHEN
The law on apparent bias has been mired in some controversy following the High Court decision of Re Shankar Alan s/o Anant Kulkarni, where Sundaresh Menon J.C. seemingly departed from the tentative views of Andrew Phang J.C. (as he then was) in Tang Kin Hwa v. Traditional Chinese Medicine Practitioners Board on the issue of whether there were any material differences between the “reasonable suspicion of bias” test and the “real likelihood of bias” test, the two formulations of the test for apparent bias that have been variously adopted by different jurisdictions in the common law world. In Tang Kin …
The Judicial Duty To Give Reasons,
2012
Singapore Management University
The Judicial Duty To Give Reasons, Siyuan Chen, Nicholas Poon
Siyuan CHEN
No abstract provided.
Bribery In The Judiciary: Rethinking Recusal And Judicial Elections In The Wake Of Caperton V. A.T. Massey Coal Co.: A Jewish Law Perspective,
2012
Touro University Jacob D. Fuchsberg Law Center
Bribery In The Judiciary: Rethinking Recusal And Judicial Elections In The Wake Of Caperton V. A.T. Massey Coal Co.: A Jewish Law Perspective, Jacob Z. Weinstein
Touro Law Review
No abstract provided.
Altruism Trumping Privacy Hipaa, Privacy, Big Data Set Benefits,
2012
Selected Works
Altruism Trumping Privacy Hipaa, Privacy, Big Data Set Benefits, Douglas J. Henderson
DOUGLAS J HENDERSON
The United States Government must administer a publicly held cloud networked Big Data Set of Private Health Information (PHI) in order to utilize Big Data Analytics and allow free data mining of such PHI so that the health care industry can operate most cost effectively while also meeting the health care needs of the aging United States populace with the highest quality of care.
Comunicação Política,
2012
Universidade do Porto
Comunicação Política, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
A sociedade de hipercomunicação e de espetáculo têm regras novas, que ainda não terão sido completamente assimiladas. Neste artigo se reflete quase aforisticamente sobre os problemas do diálogo em relação com a educação dos participantes, as bases de comunhão em que qualquer discussão tem de basear-se, o discurso do poder para o povo e do povo para o poder, as figuras deste, a perceção e a caricatura da realidade com aquele fim, e finalmente o papel comunicativo do representante.
"Was It Something I Said?": Losing The Majority On The Modern Supreme Court Of Canada, 1984-2011,
2012
Osgoode Hall Law School of York University
"Was It Something I Said?": Losing The Majority On The Modern Supreme Court Of Canada, 1984-2011, Peter J. Mccormick
Osgoode Hall Law Journal
Appeal court judges do not just vote and run; they vote and then they explain, at length, why theirs is the most reasonable position. Since the core of explanation is persuasion, this means that between the initial conference vote and the final decision, some of the judges sometimes change their minds; and this in turn means that sometimes an initial majority becomes a minority and vice versa, something which often leaves clear footprints in the written record. This paper demonstrates that this happens more often than we might think—some 255 times for the last three Chief Justiceships, or roughly once …
Women In Robes,
2012
Cornell Law School
Women In Robes, Sital Kalantry
Cornell Law Faculty Publications
This article presents statistics on the number of women in the judiciary and argues for gender parity to further equality, enhance courts' legitimacy, and strengthen the rule of law.
Building The Federal Judiciary (Literally And Legally): The Monuments Of Chief Justices Taft, Warren And Rehnquist,
2012
Yale Law School
Building The Federal Judiciary (Literally And Legally): The Monuments Of Chief Justices Taft, Warren And Rehnquist, Judith Resnik
Indiana Law Journal
The “federal courts” took on their now familiar contours over the course of the twentieth century. Three chief justices—William Howard Taft, Earl Warren, and William Rehnquist—played pivotal roles in shaping the institutional, jurisprudential, and physical premises. Taft is well known for promoting a building to house the U.S. Supreme Court and for launching the administrative infrastructure that came to govern the federal courts. Earl Warren’s name has become the shorthand for a jurisprudential shift from state toward federal authority; the Warren Court offered an expansive understanding of the role federal courts could play in enabling access for a host of …
Pardon Me - The Need For A Fair And Impartial Judiciary,
2012
Mississippi College School of Law
Pardon Me - The Need For A Fair And Impartial Judiciary, Jim Rosenblatt
Journal Articles
The pardons issued by former Mississippi Governor Haley Barbour shortly before he left office created a swirl of controversy in Mississippi that played out in the national media. The Governor's Mansion, the Hinds County Courthouse, the State Capitol, and the Gartin Justice Building were frequent backdrops for media stories that took place over a two-month period reporting on "Pardongate." Several elements combined to make these pardons controversial and to make the issue such good fodder for the media.
Transcript: The Case For National Political (Rather Than State Or Judicial) Regulation Of Healthcare,
2012
Cleveland State University College of Law
Transcript: The Case For National Political (Rather Than State Or Judicial) Regulation Of Healthcare, Abigail R. Moncrieff
Law Faculty Articles and Essays
One place where judges are becoming increasingly involved is in dormant Commerce Clause cases, and it would have been possible to issue the exact same holding in Sorrell by using dormant commerce analysis. To make the exact same challenge (it would have been up to the litigants, but) it would have been possible to present a similar challenge on dormant Commerce Clause grounds and to have said that this creates uneven regulation for pharmaceutical companies that need to craft different marketing approaches for different states according to different rules about what kinds of data they're allowed to use and not …
The Role Of Case Complexity In Judicial Decision Making.,
2012
University of Louisville
The Role Of Case Complexity In Judicial Decision Making., Laura P. Moyer
Faculty Scholarship
The literature on ideology and decision making offers conflicting expectations about how judges’ ideology should affect their votes in cases that raise many legal issues. Using cases from the U.S. Courts of Appeals, I examine the strength of ideology as a predictor of sincere voting in single and multi-issue cases and test whether the same effect for ideology can be seen for liberal and conservative judges. For all judges, ideology yields a larger effect as the number of issues increases; however, conservative judges are much more likely than liberal judges to cast sincere votes at all levels of complexity.
Civility And Collegiality—Unreasonable Judicial Expectations For Lawyers As Officers Of The Court?,
2012
University of Georgia
Civility And Collegiality—Unreasonable Judicial Expectations For Lawyers As Officers Of The Court?, Lonnie T. Brown
Scholarly Works
It is a well-settled and often-recited fact that lawyers are “officers of the court.” That title, however, is notoriously hortatory and devoid of meaning. Nevertheless, the Eleventh Circuit recently took the somewhat unprecedented step of utilizing the officer-of-the-court label to, in effect, sanction an attorney for the purportedly uncivil act of failing to provide defendant attorneys with pre-suit notice. While the author applauds the court’s desire to place greater emphasis on lawyer-to-lawyer collegiality as a component of officer-of-the-court status, the uncertainty the decision creates in terms of a lawyer’s role will potentially force litigators to compromise important client-centered duties. This …
Stare Decisis In The Inferior Courts Of The United States,
2012
Cleveland State University
Stare Decisis In The Inferior Courts Of The United States, Joseph Mead
Law Faculty Articles and Essays
While circuit courts are bound to fallow circuit precedent under "law of the circuit" the practice among federal district courts is more varied and uncertain, routinely involving little or no deference to their own precedent. I argue that the different hierarchical levels and institutional characteristics do not account for the differences in practices between circuit and district courts. Rather, district courts can and should adopt a "law of the district" similar to that of circuit courts. Through this narrow proposal, I explore the historical stare decisis practices in federal courts that are not Supreme.
Funcionários Públicos E Preconceitos Privados,
2012
Universidade do Porto
Funcionários Públicos E Preconceitos Privados, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Açoitado pela crise, o País está crispado, e aponta o dedo a bodes expiatórios. Os verdadeiros culpados pela crise são porém fáceis de encontrar - e nalguns países encontraram-nos, julgaram-nos e condenaram-nos. Mas é interessante como aqui se desviam as atenções para grupos tradicionalmente estigmatizados pelas culpas alheias. Um dos alvos preferidos são os funcionários públicos.
Justice Michael Ryan: Friend, Mentor, Hero,
2012
Arizona Summit Law School
Justice Michael Ryan: Friend, Mentor, Hero, Maureen Kane
Maureen Kane
Michael D. Ryan touched many lives during his 66 years. He encouraged and inspired us to do our best. He made us laugh. And he showed us what it’s like to live a life of unimpeachable integrity, quiet courage and true humility. Like Alicia, we can imagine him dancing, and with wings.
