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Court Review: the Journal of the American Judges Association American Judges Association
University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Court Review: The Journal of the American Judges Association American Judges Association 2015 Court Review: The Journal of the American Judges Association 51:3 (2015)- Whole Issue Follow this and additional works at: https://digitalcommons.unl.edu/ajacourtreview "Court Review: The Journal of the American Judges Association 51:3 (2015)- Whole Issue" (2015). Court Review: The Journal of the American Judges Association. 526. https://digitalcommons.unl.edu/ajacourtreview/526 This Article is brought to you for free and open access by the American Judges Association at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Court Review: The Journal of the American Judges Association by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. Court ReviewVolume 51, Issue 3 THE JOURNAL OF THE AMERICAN JUDGES ASSOCIATION TABLE OF CONTENTS EDITORS BOOK REVIEW Judge Steve Leben Kansas Court of Appeals 90 Writing Like the Best Judges Professor Eve Brank Steve Leben University of Nebraska MANAGING EDITOR Charles F. Campbell National Center for State Courts ARTICLES ASSOCIATE EDITOR Justine Greve 94 Weddings, Whiter Teeth, Judicial-Campaign Speech, and More: Kansas Court of Appeals Civil Cases in the Supreme Court’s 2014-2015 Term EDITORIAL BOARD Todd E. Pettys Kelly Lynn Anders Kansas City, Missouri 106 Making Continuous Improvement a Reality: Judge Karen Arnold-Burger Kansas Court of Appeals Achieving High Performance in the Ottawa County, Michigan, Circuit and Probate Courts Pamela Casey, Ph.D. Brian J. Ostrom, Matthew Kleiman, Shannon Roth & Alicia Davis National Center for State Courts Judge B. -
Louise Arbour and Marie Henein Share Their Personal Reflections on Unconscious Bias in Litigation December 9, 2020
Louise Arbour and Marie Henein Share Their Personal Reflections on Unconscious Bias in Litigation December 9, 2020 In this transformative age when actions against unconscious bias and social injustice have swiftly gathered momentum, two legal phenoms engage in an enlightening Q & A on what this means for us as people, as a profession, and as propellers for change. Hear Louise Arbour and Marie Henein tell us how they have approached unconscious bias and how to combat it. Topics will include the following: • personal experiences with power, privilege and unconscious bias • how to prevent bias and discrimination in workplaces • bias, discrimination and underrepresentation as viewed through a judicial lens • why the existence and consequences of unconscious bias are important to the bench and bar. Speakers The Honourable Louise Arbour, C.C., G.O.Q., Senior Counsel at Borden Ladner Gervais LLP The Honourable Louise Arbour is Senior Counsel and jurist in residence at BLG in Montreal. She provides strategic advice on litigation, governance and international disputes. She is an active mentor of younger lawyers. She recently completed her mandate at the UN as Special Representative of the Secretary- General on International Migration, which led to the adoption of the Global Compact for Migration. She has also held other senior positions at the United Nations, including High Commissioner for Human Rights (2004-2008) and Chief Prosecutor for The International Criminal Tribunals for the former Yugoslavia and for Rwanda (1996 to 1999). She formerly sat as a justice of the Supreme Court of Canada from 1999 to 2004, on the Court of Appeal for Ontario and the Supreme Court of Ontario. -
Supreme Court of the United States
No. _________ ================================================================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- ALFREDO JUAREZ, Petitioner, v. PEOPLE OF THE STATE OF COLORADO, Respondent. --------------------------------- --------------------------------- On Petition For A Writ Of Certiorari To The Supreme Court Of Colorado --------------------------------- --------------------------------- PETITION FOR A WRIT OF CERTIORARI --------------------------------- --------------------------------- PHILIP L. TORREY Counsel of Record CRIMMIGRATION CLINIC HARVARD IMMIGRATION AND CLINICAL PROGRAM HARVARD LAW SCHOOL 6 Everett Street, Suite 3105 Cambridge, MA 02138 (617) 495-0638 [email protected] Counsel for Petitioner ================================================================================================================ COCKLE LEGAL BRIEFS (800) 225-6964 WWW.COCKLELEGALBRIEFS.COM i QUESTION PRESENTED FOR REVIEW In Padilla v. Kentucky, this Court held that the Sixth Amendment right to effective assistance of counsel requires counsel to provide correct legal advice to noncitizen-defendants about the immigration con- sequences of a prospective guilty plea. 559 U.S. 356, 368–69 (2010). If federal law is “succinct, clear, and explicit” about the immigration consequences of a guilty plea, then defense counsel’s duty to explain those consequences is equally clear. Id. at 368. In con- trast, defense counsel need -
Report of the Council to the Membership of the American Law Institute on the Matter of the Death Penalty
Submitted by the Council to the Members of The American Law Institute for Consideration at the Eighty-Sixth Annual Meeting on May 19, 2009 Report of the Council to the Membership of The American Law Institute On the Matter of the Death Penalty (April 15, 2009) The Executive Office The American Law Institute 4025 Chestnut Street Philadelphia, PA 19104-3099 Telephone: (215) 243-1600 • Fax: (215 243-1636 Email: [email protected] • Website: http://www.ali.org The American Law Institute Michael Traynor, Chair of the Council and President Emeritus Roberta Cooper Ramo, President Allen D. Black, 1st Vice President Douglas Laycock, 2nd Vice President Bennett Boskey, Treasurer Susan Frelich Appleton, Secretary Lance Liebman, Director Elena A. Cappella, Deputy Director COUNCIL Kenneth S. Abraham, University of Virginia School of Law, Charlottesville, VA Shirley S. Abrahamson, Supreme Court of Wisconsin, Madison, WI Philip S. Anderson, Williams & Anderson, Little Rock, AR Susan Frelich Appleton, Washington University School of Law, St. Louis, MO Kim J. Askew, K&L Gates, Dallas, TX José I. Astigarraga, Astigarraga Davis, Miami, FL Sheila L. Birnbaum, Skadden, Arps, Slate, Meagher & Flom, New York, NY Allen D. Black, Fine, Kaplan & Black, Philadelphia, PA Bennett Boskey, Washington, DC Amelia H. Boss, Drexel University Earle Mack School of Law, Philadelphia, PA Michael Boudin, U.S. Court of Appeals, First Circuit, Boston, MA William M. Burke, Sheppard, Mullin, Richter & Hampton, Costa Mesa, CA Elizabeth J. Cabraser, Lieff Cabraser Heimann & Bernstein, San Francisco, CA Gerhard Casper, Stanford University, Stanford, CA Edward H. Cooper, University of Michigan Law School, Ann Arbor, MI N. Lee Cooper, Maynard, Cooper & Gale, Birmingham, AL George H. -
Government Turns the Other Way As Judges Make Findings About Torture and Other Abuse
USA SEE NO EVIL GOVERNMENT TURNS THE OTHER WAY AS JUDGES MAKE FINDINGS ABOUT TORTURE AND OTHER ABUSE Amnesty International Publications First published in February 2011 by Amnesty International Publications International Secretariat Peter Benenson House 1 Easton Street London WC1X 0DW United Kingdom www.amnesty.org Copyright Amnesty International Publications 2011 Index: AMR 51/005/2011 Original Language: English Printed by Amnesty International, International Secretariat, United Kingdom All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publishers. Amnesty International is a global movement of 2.2 million people in more than 150 countries and territories, who campaign on human rights. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights instruments. We research, campaign, advocate and mobilize to end abuses of human rights. Amnesty International is independent of any government, political ideology, economic interest or religion. Our work is largely financed by contributions from our membership and donations CONTENTS Introduction ................................................................................................................. 1 Judges point to human rights violations, executive turns away ........................................... 4 Absence -
Opinions for the Week of February 1 – February 5, 2021 Albert Richardson
Opinions for the week of February 1 – February 5, 2021 Albert Richardson, Jr. v. USA No. 20-1915 Submitted January 27, 2021 — Decided February 1, 2021 Case Type: Prisoner Southern District of Illinois. No. 92-cr-30116-SMY — Staci M. Yandle, Judge. Before MICHAEL B. BRENNAN, Circuit Judge; MICHAEL Y. SCUDDER, Circuit Judge; AMY J. ST. EVE, Circuit Judge. ORDER Albert Richardson appeals the district court’s order denying his petition for a writ of coram nobis… Richardson filed a petition for a writ of error coram nobis with the district court that presided over his 1992 conviction, arguing that sentencing errors in that case led to an undue sentence enhancement for his current conviction… Even so, Richardson is not entitled to relief. A writ of coram nobis is “to be used only in extraordinary cases” where it is necessary “to achieve justice...” He mounts no meaningful challenge to his 1992 conviction; he challenges only the lawfulness of the resulting sentence. An error in a defendant’s sentence is not so “fundamental” as to render the conviction itself “invalid…” AFFIRMED Laura Ann Harris-Patterson v. Andrew Saul No. 20-1805 Argued January 26, 2021 — Decided February 1, 2021 Case Type: Civil Western District of Wisconsin. No. 19-cv-487-bbc — Barbara B. Crabb, Judge. Before DIANE S. SYKES, Chief Judge; FRANK H. EASTERBROOK, Circuit Judge; THOMAS L. KIRSCH II, Circuit Judge. ORDER An administrative law judge denied Laura Harris-Patterson’s application for disability benefits, and a district judge affirmed that decision. 2020 U.S. Dist. LEXIS 64149 (W.D. -
Annual Report
COUNCIL ON FOREIGN RELATIONS ANNUAL REPORT July 1,1996-June 30,1997 Main Office Washington Office The Harold Pratt House 1779 Massachusetts Avenue, N.W. 58 East 68th Street, New York, NY 10021 Washington, DC 20036 Tel. (212) 434-9400; Fax (212) 861-1789 Tel. (202) 518-3400; Fax (202) 986-2984 Website www. foreignrela tions. org e-mail publicaffairs@email. cfr. org OFFICERS AND DIRECTORS, 1997-98 Officers Directors Charlayne Hunter-Gault Peter G. Peterson Term Expiring 1998 Frank Savage* Chairman of the Board Peggy Dulany Laura D'Andrea Tyson Maurice R. Greenberg Robert F Erburu Leslie H. Gelb Vice Chairman Karen Elliott House ex officio Leslie H. Gelb Joshua Lederberg President Vincent A. Mai Honorary Officers Michael P Peters Garrick Utley and Directors Emeriti Senior Vice President Term Expiring 1999 Douglas Dillon and Chief Operating Officer Carla A. Hills Caryl R Haskins Alton Frye Robert D. Hormats Grayson Kirk Senior Vice President William J. McDonough Charles McC. Mathias, Jr. Paula J. Dobriansky Theodore C. Sorensen James A. Perkins Vice President, Washington Program George Soros David Rockefeller Gary C. Hufbauer Paul A. Volcker Honorary Chairman Vice President, Director of Studies Robert A. Scalapino Term Expiring 2000 David Kellogg Cyrus R. Vance Jessica R Einhorn Vice President, Communications Glenn E. Watts and Corporate Affairs Louis V Gerstner, Jr. Abraham F. Lowenthal Hanna Holborn Gray Vice President and Maurice R. Greenberg Deputy National Director George J. Mitchell Janice L. Murray Warren B. Rudman Vice President and Treasurer Term Expiring 2001 Karen M. Sughrue Lee Cullum Vice President, Programs Mario L. Baeza and Media Projects Thomas R. -
Business Law Institute of Bill of Rights Law at the William & Mary Law School
College of William & Mary Law School William & Mary Law School Scholarship Repository Supreme Court Preview Conferences, Events, and Lectures 2005 Section 6: Business Law Institute of Bill of Rights Law at the William & Mary Law School Repository Citation Institute of Bill of Rights Law at the William & Mary Law School, "Section 6: Business Law" (2005). Supreme Court Preview. 174. https://scholarship.law.wm.edu/preview/174 Copyright c 2005 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/preview VI. BUSINESS In This Section: New Case: 03-1238 IBP, Inc. v. Alvarez, et al. Synopsis and Question Presented p. 308 New Case: 04-0066 Tum v. Barber Foods Synopsis and Question Presented p. 315 "Local Attorneys Gearing up for Supreme Court" Francis B. Allgood p. 321 "Tyson Asks Court to Resolve Pay Dispute" Tony Mauro p. 324 "Workers Sue for Back Pay at Barber" Peter Pochna p. 326 "Court Rules Tyson Fresh Meats Must Pay $3.1 Million to Wallua, Wash. Workers" Jeff St. John p. 328 New Case: 04-805 Texaco, Inc. v. Dagher Synopsis and Question Presented p. 330 "Oil Giants Take on Gas Station Owners" Alexis Grant p. 336 "FTC, DOJ Pitch Joint Venture Ruling" Cecile Kohrs Lindell p. 338 "Gasoline Price-Fixing Suit Reinstated" David Kravets p. 339 "Gas Pains; L.A. Lawyer Tom Bleau Takes Service Station Woes to the Court" Bob Burtman p. 340 New Case: 04-1329 Illinois Tool Works Inc. v. Independent Ink, Inc. Synopsis and Question Presented p. -
2016 Judicial Performance Review
2016 Judicial Performance Review Prepared by The Iowa State Bar Association Table of Contents Judicial Performance Review Information....................................................................................................3 Judicial Performance Review Q&A...............................................................................................................4 Judicial Biographies.....................................................................................................................................6 Judicial Performance Review Results Iowa Supreme Court..................................................................................................................................22 Iowa Court of Appeals...............................................................................................................................23 District 1A.................................................................................................................................................24 Allamakee, Clayton, Delaware, Dubuque, Winneshiek Counties District 1B.................................................................................................................................................25 Black Hawk, Buchanan, Chickasaw, Fayette, Grundy, Howard Counties District 2A.................................................................................................................................................26 Bremer, Butler, Cerro Gordo, Floyd, Franklin, Hancock, Mitchell, Winnebago, Worth Counties -
Reasonable Efforts: a Judicial Perspective
REASONABLE EFFORTS: A JUDICIAL PERSPECTIVE By Judge Leonard Edwards (ret.)1 .INTRODUCTION The term “reasonable efforts” challenges and confounds many in our juvenile dependency and family courts across the country.2 Judges hear about it in their judicial trainings, read about it now and then in publications, sign their names to court orders finding that the children’s services agency (“agency”) made “reasonable efforts” on a daily basis, and on occasion make “no reasonable efforts” findings. Yet attorneys rarely refer to reasonable efforts in court, and most judges approve of what the agency has done with little or no thought about it.3 The law requires judges to make these findings, and good reasons exist to do so. By making the reasonable efforts/no reasonable efforts findings the court informs the parties, the children’s services agency, and the federal government that the agency is or is not meeting its legal responsibilities. By monitoring the agency’s actions the court ensures that the agency has complied with its legal obligation to provide services to prevent the child’s removal from parental care, assist the family safely to reunify with its child, and make certain to finalize a permanent plan for the child. The reasonable efforts/no reasonable efforts findings are the most powerful tools juvenile court judges have at their disposal in dependency cases, and attorneys and judges should pay special attention to them to ensure that the 1 Judge Edwards is a retired judge now working as a consultant to juvenile courts in California and other states. The author is indebted to many people for the research and information contained in this booklet. -
Survey of Maryland Court of Appeals Decisions
Maryland Law Review Volume 38 | Issue 2 Article 7 Survey of Maryland Court of Appeals Decisions Follow this and additional works at: http://digitalcommons.law.umaryland.edu/mlr Part of the Courts Commons Recommended Citation Survey of Maryland Court of Appeals Decisions, 38 Md. L. Rev. 242 (1978) Available at: http://digitalcommons.law.umaryland.edu/mlr/vol38/iss2/7 This Casenotes and Comments is brought to you for free and open access by the Academic Journals at DigitalCommons@UM Carey Law. It has been accepted for inclusion in Maryland Law Review by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact [email protected]. SURVEY OF MARYLAND COURT OF APPEALS DECISIONS THE INHERENT POWER OF JUDICIAL REVIEW AND CONSTITUTIONAL RESTRICTIONS ON ARBITRARY AND CAPRICIOUS ADMINISTRATIVE ACTION - STATE DEPARTMENT OF ASSESSMENTS AND TAXATION v. CLARK Maryland courts have frequently claimed an inherent power to review and correct arbitrary, illegal, capricious, or unreasonable administrative decisions.' Recently, however, in State Department of Assessments and Taxation v. Clark,2 the Maryland Court of Appeals restricted the scope of this power by finding that a circuit court did not have jurisdiction to determine whether administrative authority to reduce a real property assessment pursuant to article 81, section 67 of the Maryland Code was exercised in an arbitrary fashion.3 The Court of Appeals held that the circuit courts' jurisdiction is limited to questions concerning the constitutionality of the administrator's actions. 4 Clark implicitly recognized that circuit courts 1. E.g., Zion Evangelical Luth. Church v. State Highway Admin., 276 Md. -
2019 Guide to the Wisconsin Supreme Court and Judicial Evaluation Fourth Edition: 2018-19 Term
2019 Guide to the Wisconsin Supreme Court and Judicial Evaluation Fourth Edition: 2018-19 Term November 2019 2019 GUIDE TO THE WISCONSIN SUPREME COURT AND JUDICIAL EVALUATION Prepared By: Paige Scobee, Hamilton Consulting Group, LLC November 2019 The Wisconsin Civil Justice Council, Inc. (WCJC) was formed in 2009 to represent Wisconsin business inter- ests on civil litigation issues before the legislature and courts. WCJC’s mission is to promote fairness and equi- ty in Wisconsin’s civil justice system, with the ultimate goal of making Wisconsin a better place to work and live. The WCJC board is proud to present its fourth Guide to the Wisconsin Supreme Court and Judicial Evalua- tion. The purpose of this publication is to educate WCJC’s board members and the public about the role of the Supreme Court in Wisconsin’s business climate by providing a summary of the most important decisions is- sued by the Wisconsin Supreme Court affecting the Wisconsin business community. Board Members Bill G. Smith Jason Culotta Neal Kedzie National Federation of Independent Midwest Food Products Wisconsin Motor Carriers Business, Wisconsin Chapter Association Association Scott Manley William Sepic Matthew Hauser Wisconsin Manufacturers & Wisconsin Automobile & Truck Wisconsin Petroleum Marketers & Commerce Dealers Association Convenience Store Association Andrew Franken John Holevoet Kristine Hillmer Wisconsin Insurance Alliance Wisconsin Dairy Business Wisconsin Restaurant Association Association Brad Boycks Wisconsin Builders Association Brian Doudna Wisconsin Economic Development John Mielke Association Associated Builders & Contractors Eric Borgerding Gary Manke Wisconsin Hospital Association Midwest Equipment Dealers Association 10 East Doty Street · Suite 500 · Madison, WI 53703 www.wisciviljusticecouncil.org · 608-258-9506 WCJC 2019 Guide to the Wisconsin Supreme Court Page 2 and Judicial Evaluation Executive Summary The Wisconsin Supreme Court issues decisions that have a direct effect on Wisconsin businesses and individu- als.