Foreword,
2022
UC Law SF
Evidence: A Brief Guide To Differential Etiology,
2022
UC Law SF
Evidence: A Brief Guide To Differential Etiology, David L. Faigman
The Judges' Book
No abstract provided.
Tort Litigation: Brave New World: Technology And Tort Practice,
2022
UC Law SF
Tort Litigation: Brave New World: Technology And Tort Practice, Richard Marcus
The Judges' Book
No abstract provided.
The Institutional Mismatch Of State Civil Courts,
2022
Columbia Law School
The Institutional Mismatch Of State Civil Courts, Colleen F. Shanahan, Jessica K. Steinberg, Alyx Mark, Anna E. Carpenter
Faculty Scholarship
State civil courts are central institutions in American democracy. Though designed for dispute resolution, these courts function as emergency rooms for social needs in the face of the failure of the legislative and executive branches to disrupt or mitigate inequality. We reconsider national case data to analyze the presence of social needs in state civil cases. We then use original data from courtroom observation and interviews to theorize how state civil courts grapple with the mismatch between the social needs people bring to these courts and their institutional design. This institutional mismatch leads to two roles of state civil courts …
Judicial Consensus: Why The Supreme Court Should Decide Its Cases Unanimously,
2022
University of Nevada, Las Vegas -- William S. Boyd School of Law
Judicial Consensus: Why The Supreme Court Should Decide Its Cases Unanimously, David Orentlicher
Scholarly Works
Like Congress and other deliberative bodies, the Supreme Court decides its cases by majority vote. If at least five of the nine Justices come to an agreement, their view prevails. But why is that the case? Majority voting for the Court is not spelled out in the Constitution, a federal statute, or Supreme Court rules.
Nor it is obvious that the Court should decide by a majority vote. When the public votes on a ballot measure, it typically makes sense to follow the majority. The general will of the electorate ought to govern. But judicial decisions are not supposed to …
How Biden Could Keep Filling The Federal Circuit Court Vacancies,
2022
University of Richmond - School of Law
How Biden Could Keep Filling The Federal Circuit Court Vacancies, Carl Tobias
Law Faculty Publications
In October 2020, Democratic presidential nominee Joe Biden speculated that the fifty-four talented, extremely conservative, and exceptionally young, appellate court judges whom then-President Donald Trump and two relatively similar Grand Old Party (GOP) Senate majorities appointed had left the federal appeals courts “out of whack.” Problematic were the many deleterious ways in which Trump and both of the upper chamber majorities in the 115th and 116th Senate undermined the courts of appeals, which are the courts of last resort for practically all lawsuits, because the United States Supreme Court hears so few appeals. The nomination and confirmation processes which Trump …
Judges In Lawyerless Courts,
2022
The University of Utah S.J. Quinney College of Law
Judges In Lawyerless Courts, Anna E. Carpenter, Colleen F. Shanahan, Jessica K. Steinberg, Alyx Mark
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 a range of accommodation, assistance, and process simplification to people without legal representation.
Until now, we have known little about whether and how judges are implementing role reform recommendations or how judges behave in lawyerless courts as a general matter. Our lack of knowledge stands in stark contrast to the responsibility civil trial judges bear – and the discretionary power they wield – …
Table Of Contents,
2022
UC Law SF
Civil Procedure: Personal Jurisdiction After Ford,
2022
UC Law SF
Civil Procedure: Personal Jurisdiction After Ford, Scott Dodson
The Judges' Book
No abstract provided.
Constitutional Law: Article Iii And The Political-Question Doctrine,
2022
UC Law SF
Constitutional Law: Article Iii And The Political-Question Doctrine, Scott Dodson
The Judges' Book
No abstract provided.
Constitutional Law: Congress’S Power Over Military Offices,
2022
UC Law SF
Constitutional Law: Congress’S Power Over Military Offices, Zachary S. Price
The Judges' Book
No abstract provided.
Environmental Law: Law, Land Use, And Groundwater Recharge,
2022
UC Law SF
Environmental Law: Law, Land Use, And Groundwater Recharge, Dave Owen
The Judges' Book
No abstract provided.
Environmental Law: Rivers With Rights,
2022
UC Law SF
Environmental Law: Rivers With Rights, David Takacs
The Judges' Book
No abstract provided.
Health Law: Vaccine Mandates And Religion,
2022
UC Law SF
Health Law: Vaccine Mandates And Religion, Dorit Reiss
The Judges' Book
No abstract provided.
Immigration Law: The Political (Mis)Representation Of Immigrants In The Census,
2022
UC Law San Francisco
Immigration Law: The Political (Mis)Representation Of Immigrants In The Census, Ming Hsu Chen
The Judges' Book
No abstract provided.
International Law: Prosecuting Foreign States,
2022
UC Law SF
International Law: Prosecuting Foreign States, Chimène I. Keitner
The Judges' Book
No abstract provided.
International Law: A Roadmap For Foreign Official Immunity In U.S. Courts,
2022
UC Law SF
International Law: A Roadmap For Foreign Official Immunity In U.S. Courts, Chimène I. Keitner
The Judges' Book
No abstract provided.
In Celebration Of Dissents (And Lengthy Textbooks): How Digital Became Different For The Fourth Amendment And Why It Is Time For A Real Warrant Default,
2022
University of Oklahoma College of Law
In Celebration Of Dissents (And Lengthy Textbooks): How Digital Became Different For The Fourth Amendment And Why It Is Time For A Real Warrant Default, Stephen E. Henderson
Faculty Articles
The last decade has brought tremendous change to the Fourth Amendment, finally resulting in a ‘digital is different’ norm. We stand at an inflection point between a monolithic, analog past and a murky future of yet-unarticulated constitutional digital policing rules. It is a good time, then, to reflect upon how we came to be here and where we ought to go. This Essay first looks back to a monumental, majestic dissent: that of Justice Louis Brandeis in the 1928 decision of Olmstead v. United States. Every American, and especially every law student, ought to know that opinion, and judges …
The Jury Veto,
2022
University of Oklahoma College of Law
The Jury Veto, Stephen E. Henderson
Faculty Articles
While the American civic religion is to be distrustful of government, feelings of discontent regarding our systems of criminal investigation and adjudication feel historic. And while those systems are capable of great carnage en route, the endgame is, ultimately, criminal punishment. Yet before punishment can be imposed, every prosecution—and therefore every defendant—is meant to encounter a potential “circuit breaker”: the jury. I propose that we re-inject this democratic voice into our criminal adjudications, but through an entirely novel structure: the defendant (and perhaps the prosecutor) would have the choice of invoking a jury empowered to ‘veto’ any judicial sentence. By …
Twenty-Five Years Of The Adoption And Safe Families Act,
2022
University of Nebraska-Lincoln
Twenty-Five Years Of The Adoption And Safe Families Act, Eve M. Brank
Court Review: Journal of the American Judges Association
The year 2022 marks the 25th anniversary of President Clinton signing into law the Adoption and Safe Families Act (ASFA). Enacted in November of 1997, ASFA was a bipartisan federal law intended to address concerns with the foster care and adoption systems. With fiscal incentives attached, states quickly adopted complementary ASFA legislation.
At its core, ASFA changed the primary objective from family reunification to the child’s health and safety. In doing so, ASFA sought to decrease the amount of time a child spent without a permanent home by limiting how long a child could spend in foster care. Referred to …
