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7,593 full-text articles. Page 49 of 213.

A Survey Of The Literature On Federal Appellate Practice And Procedure, Thomas E. Baker 2023 FIU College of Law

A Survey Of The Literature On Federal Appellate Practice And Procedure, Thomas E. Baker

FIU Law Review

This is a survey of the literature related to appellate practice and procedure before the United States Courts of Appeals for the benefit of lawyers and judges and scholars. It is reproduced with permission from THOMAS E. BAKER, A PRIMER ON THE JURISDICTION OF THE U.S. COURTS OF APPEALS (Fed. Jud. Ctr. 3d ed. 2023) available at: https://www.fjc.gov/content/379899/primer-jurisdiction-us-courts-appeals-third-edition). This origin explains the scattered references in the entries to “this Primer.”


The Child Vanishes: Justice Scalia’S Approach To The Role Of Psychology In Determining Children’S Rights And Responsibilities, Aviva Orenstein 2023 Indiana University Bloomington - Maurer School of Law

The Child Vanishes: Justice Scalia’S Approach To The Role Of Psychology In Determining Children’S Rights And Responsibilities, Aviva Orenstein

FIU Law Review

Justice Scalia’s attitudes about children and psychology reveal fascinating patterns in his thinking about the rights, responsibilities, needs, and experiences, of children. With his famous wit and acerbic style fully on display, Justice Scalia’s opinions across various legal doctrines demonstrated hostility to the science of psychology and its practitioners, as well as a callous attitude towards children’s trauma. Contemptuous of a best- interests analysis and the professionals who counsel about those interests, Justice Scalia instead emphasized parental and state power over children and tended to advocate for child protection only when it limited children’s agency and freedom. This article demonstrates …


Supreme Court Rulemaking: The Making Of The Supreme Court Rules, Scott Dodson 2023 UC Law SF

Supreme Court Rulemaking: The Making Of The Supreme Court Rules, Scott Dodson

The Judges' Book

No abstract provided.


Protecting A Real Or Imagined Past: Justice Samuel Alito And The First Amendment, Derigan Silver, Dan V. Kozlowski 2023 University of Denver Department of Media, Film and Journalism Studies; University of Denver Sturm College of Law

Protecting A Real Or Imagined Past: Justice Samuel Alito And The First Amendment, Derigan Silver, Dan V. Kozlowski

All Faculty Scholarship

This article examines the First Amendment jurisprudence of Justice Samuel Alito. In this article, we argue that the principles behind his decision-making are not always necessarily traditional methods of constitutional analysis, and litigants should understand the frames and lenses Alito uses to make decisions when making their arguments to him. The article concludes with a discussion of Alito’s overall approach to the law and some thoughts on how he is attempting to reshape the First Amendment. We write that, above all, it is clear he is seeking to protect a real or imagined past that, in his mind, is under …


Poverty Law: Brains Without Money: Poverty As Disabling, Emily R.D. Murphy 2023 University of California Hastings College of Law

Poverty Law: Brains Without Money: Poverty As Disabling, Emily R.D. Murphy

The Judges' Book

No abstract provided.


Prison Litigation: Doctrine And Animus In California’S Covid-19 Prison Litigation, Hadar Aviram 2023 UC Law SF

Prison Litigation: Doctrine And Animus In California’S Covid-19 Prison Litigation, Hadar Aviram

The Judges' Book

No abstract provided.


Civil Litigation: Optimism And Expenditures: The Effect On Settlements, Ben Depoorter 2023 UC Law SF

Civil Litigation: Optimism And Expenditures: The Effect On Settlements, Ben Depoorter

The Judges' Book

No abstract provided.


How Victim Impact Statements Promote Justice: Evidence From The Content Of Statements Delivered In Larry Nassar's Sentencing, Paul Cassell, Edna Erez 2023 S.J. Quinney College of Law, University of Utah

How Victim Impact Statements Promote Justice: Evidence From The Content Of Statements Delivered In Larry Nassar's Sentencing, Paul Cassell, Edna Erez

Utah Law Faculty Scholarship

Whether crime victims should present victim impact statements (VISs) at sentencing remains a subject of controversy in the criminal justice literature. But relatively little is known about the content of VISs and how victims use them. This article provides a content analysis of the 168 VISs presented in a Michigan court sentencing of Larry Nassar, who pleaded guilty to decades of sexual abuse of young athletes while he was treating them for various sports injuries. Nassar committed similar crimes against each of his victims, allowing a robust research approach to answer questions about the content, motivations for, and benefits of …


Lawyerless Law Development, Colleen F. Shanahan, Jessica K. Steinberg, Alyx Mark, Anna E. Carpenter 2023 Columbia Law School

Lawyerless Law Development, Colleen F. Shanahan, Jessica K. Steinberg, Alyx Mark, Anna E. Carpenter

Utah Law Faculty Scholarship

The typical American civil trial court is lawyerless. In response, access to justice reformers have embraced a key intervention: changing the judge’s traditional role. The prevailing vision for judicial role reform calls on trial judges to offer accommodation, information, and process simplification to people without legal representation.

Until now, scholars have known little about judicial behavior in lawyerless courts, including whether and how judges are implementing role reform recommendations. Our lack of knowledge stands in stark contrast to the responsibility civil trial judges bear—and the discretionary power they wield—in dispensing justice for millions of unrepresented people each year. While today’s …


The Failed Idea Of Judicial Restraint: A Brief Intellectual History, Susan D. Carle 2023 American University Washington College of Law

The Failed Idea Of Judicial Restraint: A Brief Intellectual History, Susan D. Carle

Scholarly Articles in Law Reviews & Journals

This essay examines the intellectual history of the idea of judicial restraint, starting with the early debates among the US Constitution’s founding generation. In the late nineteenth century, law professor James Bradley Thayer championed the concept and passed it on to his students and others, including Oliver Wendell Holmes Jr., Learned Hand, Louis Brandeis, and Felix Frankfurter, who modified and applied it based on the jurisprudential preoccupations of a different era. In a masterful account, Brad Snyder examines Justice Frankfurter’s attempt to put the idea into practice. Although Frankfurter arguably made a mess of it, he passed the idea of …


Table Of Contents, 2023 UC Law SF

Table Of Contents

The Judges' Book

No abstract provided.


Foreword, Jacqueline Scott Corley The Honorable 2023 Northern District of California

Foreword, Jacqueline Scott Corley The Honorable

The Judges' Book

No abstract provided.


Civil Litigation: Rulemaking’S Second Founding, Richard Marcus 2023 UC Law SF

Civil Litigation: Rulemaking’S Second Founding, Richard Marcus

The Judges' Book

No abstract provided.


Constitutional Law: The Realities Of Takings Litigation, Dave Owen 2023 UC Law SF

Constitutional Law: The Realities Of Takings Litigation, Dave Owen

The Judges' Book

No abstract provided.


Criminal Law: Cop Tracing, Jonathan Abel 2023 UC Law SF

Criminal Law: Cop Tracing, Jonathan Abel

The Judges' Book

No abstract provided.


Criminal Law: Toward A Subjectivist Approach To Rape By Deception, Binyamin Blum 2023 UC Law SF

Criminal Law: Toward A Subjectivist Approach To Rape By Deception, Binyamin Blum

The Judges' Book

No abstract provided.


Public Lands: A Brief History Of America’S Public Lands, John D. Leshy 2023 UC Law SF

Public Lands: A Brief History Of America’S Public Lands, John D. Leshy

The Judges' Book

No abstract provided.


Vaccine Law: Covid-19 Vaccine Mandates For University Students, Dorit R. Reiss 2023 UC Law SF

Vaccine Law: Covid-19 Vaccine Mandates For University Students, Dorit R. Reiss

The Judges' Book

No abstract provided.


The Tort Whisperer: Nine Decades Later–My Perspective, Larry M. Roth 2023 Touro University Jacob D. Fuchsberg Law Center

The Tort Whisperer: Nine Decades Later–My Perspective, Larry M. Roth

Touro Law Review

This Article provides a comparative analysis of Judge Benjamin Cardozo’s tort decisions in Palsgraf v. Long Island Railroad Co., one of his most famous tort decisions, contrasted with a lesser-known tort opinion in Hynes v. New York Central Railroad Co. The Author attempts to address Cardozo’s humanistic and intellectual dichotomies which are exemplified by these two real-life tort precedents—one of which, Palsgraf, most practitioners may only have a distant recall. A historical overview of Cardozo’s life is also discussed. These two decisions portray Cardozo as an emotive human being exercising hit-or-miss judging. This theme provides a differ viewpoint from Cardozo’s …


Once The Jury Sees It, The Jury Can’T Unsee It: The Challenge Trial Judges Face When Authenticating Video Evidence In The Age Of Deepfakes, Taurus Myhand 2023 Touro University Jacob D. Fuchsberg Law Center

Once The Jury Sees It, The Jury Can’T Unsee It: The Challenge Trial Judges Face When Authenticating Video Evidence In The Age Of Deepfakes, Taurus Myhand

Scholarly Works

The proliferation of deepfake videos has resulted in rapid improvements in the technology used to create them. Although the use of fake videos and images are not new, advances in artificial intelligence have made deepfakes easier to make and harder to detect. Basic human perception is no longer sufficient to detect deepfakes. Yet, under the current construction of the Federal Rules of Evidence, trials judges are expected to do just that. Trial judges face a daunting challenge when applying the current evidence authentication standards to video evidence in this new reality of widely available deepfake videos. This article examines the …


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