General Information for Prospective Law Clerks – Effective July 1, 2021
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Alaska Supreme Court and Court of Appeals Year in Review 1996
YEAR IN REVIEW Alaska Supreme Court and Court of Appeals Year in Review 1996 TABLE OF CONTENTS I. Introduction .............................................................................. 167 II. A dm inistrative Law ................................................................. 167 A . Public Contracting .................. ..... ............. 167 B. Land Use and Resource Management ........................... 171 C. A dm inistrative Procedure ............................................... 175 III. Business Law ............................................................................ 176 IV . Civil Procedure ........................................................................ 178 A. Timeliness of Prosecution and Appeal .......................... 179 B . M odification of Judgm ent ............................................... 181 C. M iscellaneous .................................................................... 183 V . Constitutional Law .................................................................. 188 A . D ue Process ....................................................................... 188 B . D ouble Jeopardy .............................................................. 191 C. Right to Jury Trial ............................................................ 192 D . M iscellaneous .................................................................... 193 V I. Crim inal Law ............................................................................ 197 A . Constitutional Protections .............................................. -
STATE V. JENKINS--FIRST DISSENT
****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecti- cut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Con- necticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be repro- duced and distributed without the express written per- mission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** STATE v. JENKINSÐFIRST DISSENT KATZ, J., dissenting. Both the fourth amendment to the United States constitution and article first, § 7, of the Connecticut constitution protect individuals against unreasonable searches and seizures. In this case, it is undisputed that the initial stop of the defendant, Chris- topher Jenkins, for improperly changing lanes was rea- sonable and, therefore, valid under both of these provisions. -
141097NCJRS.Pdf
If you have issues viewing or accessing this file contact us at NCJRS.gov. .. ,. .... ... ... • ... 'r .. .., ~~ • -- .. -•• •... --• ""' - • .. .. .. ·r ,.. .. ~ .. ., J' -- ., I - - I . 4" '. • ~ ". ',.. • •~ ~ • ~ 'I -.,,- <.. • - • I. - • --"~ ,'pi.. alaska judicial council 1029 W. Third Avenue, Suite 201, Anchorage, Alaska 99501-1917 (907) 279-2526 FAX (907) 276-5046 EXECUTIVE DIRECTOR NON-ATIORNEY MEMBERS William T. Cotton Jim A. Arnesen David A. Dapcevich Leona Dkakok ATIORNEY MEMBERS Mark E. Ashburn Daniel L. Callahan Thomas G. Nave CHAIRMAN. EX OFFICIO Daniel A. Moore, Jr. Chief Justice Supreme Court Message From the Executive Director We are pleased to present the Alaska Judicial Council's Sixteenth Report to the Legislature and Supreme Court for the years 1991 and 1992. The Council reports biennially on its dual constitutional responsibilities of nominating candidates for judicial vacancies and of making reports and recommendations to the supreme court and legislature. The report also covers the statutory mandate to evaluate judges standing for retention and applicants for the Public Defender. This report includes a brief narrative section that summarizes Council activities during 1991 and 1992, and a series of appendices. The appendices include a current listing of statutory and constitutional law affecting the Judicial Council, a log of judicial applicants, nominees and appointees, a log of all sitting judges and their retention election dates, and summaries of Council procedures for judicial selection and retention evaluation. Summaries of the Council's major reports during 1991 and 1992 also are included as appendices. The Judicial Council welcomes your comments and questions about this report. Very truly yours, ~;('~ William T. Cotton Executive Director 141097 U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. -
The 2021-2022 Guide to State Court Judicial Clerkship Procedures
The 2021-2022 Guide to State Court Judicial Clerkship Procedures The Vermont Public Interest Action Project Office of Career Services Vermont Law School Copyright © 2021 Vermont Law School Acknowledgement The 2021-2022 Guide to State Court Judicial Clerkship Procedures represents the contributions of several individuals and we would like to take this opportunity to thank them for their ideas and energy. We would like to acknowledge and thank the state court administrators, clerks, and other personnel for continuing to provide the information necessary to compile this volume. Likewise, the assistance of career services offices in several jurisdictions is also very much appreciated. Lastly, thank you to Elijah Gleason in our office for gathering and updating the information in this year’s Guide. Quite simply, the 2021-2022 Guide exists because of their efforts, and we are very appreciative of their work on this project. We have made every effort to verify the information that is contained herein, but judges and courts can, and do, alter application deadlines and materials. As a result, if you have any questions about the information listed, please confirm it directly with the individual court involved. It is likely that additional changes will occur in the coming months, which we will monitor and update in the Guide accordingly. We believe The 2021-2022 Guide represents a necessary tool for both career services professionals and law students considering judicial clerkships. We hope that it will prove useful and encourage other efforts to share information of use to all of us in the law school career services community. -
THE ALASKA SUPREME COURT, the UNITED STATES SUPREME COURT, and RETROACTIVITY Paul E.Mcgreal*
A TALE OF TWO COURTS: THE ALASKA SUPREME COURT, THE UNITED STATES SUPREME COURT, AND RETROACTIVITY Paul E.McGreal* SINTRODUCTION Whether out of homage to superior wisdom, judicial economy, desire for uniformity, or simple agreement, many state courts look to decisions of the United States Supreme Court for guidance on state constitutional issues or other issues where an analogy from federal law might be helpful. Many state supreme courts, such as the Alaska Supreme Court expressly reserve the power to interpret protections under their state constitutions more broadly than similar protections under the federal Constitution. At times, those courts that faithfully adhere to this republican spirit find sharp division within their ranks.2 Copyright © 1992 by Alaska Law Review * B.A., Williams College, 1989; I.D., Southern Methodist University School of Law, 1992. Law Clerk to the Honorable Warren W. Matthews, Alaska Supreme Court, 1992-93. 1. See Roberts v. State, 458 P.2d 340, 342 (Alaska 1969) ("We are not bound in expounding the Alaska Constitution's Declaration of Rights by the decisions of the United States Supreme Court, past or future, which expound identical or closely similar provisions of the United States Constitution."); Baker v. City of Fairbanks, 471 P.2d 386,402 (Alaska A.2d 793, 800 (N. 1990); the1970) highest ("We court need thenot he stand land."); by idly see andalso passively, State v. Hempele, waiting for576 constitutional direction from Statev. Boland, 800 P.2d 111 1114 319(Wash. S.E.2d 1990); 254, Pool 260 v. (N.C. Superior 1984). Court, 677 P.2d 261, 271 (Ariz.Professor 1984); Lawrence State v. -
Key Acts and Cases for Alaska Tribal Court Jurisdiction
Key Acts and Cases for Alaska Tribal Court Jurisdiction Item Type Article Authors Fortson, Ryan Citation Fortson, Ryan. (2014). "Key Acts and Cases for Alaska Tribal Court Jurisdiction." Alaska Justice Forum 31(3–4): 12–13 (Fall 2014/Winter 2015). Publisher Justice Center, University of Alaska Anchorage Download date 01/10/2021 23:45:06 Link to Item http://hdl.handle.net/11122/6578 12 Alaska Justice Forum 31(3–4), Fall 2014/Winter 2015 Key Acts and Cases for Alaska Tribal Court Jurisdiction Ryan Fortson recognized tribe, that it had not attempted to (1998). This case addressed whether the Alaska Native Claims Settlement reassume jurisdiction under the procedures land selected by Alaska Native corporations Act (ANCSA) (1971). ANCSA resolved set out in ICWA, and that federal law granted through ANCSA constituted Indian country. the outstanding land claims of Alaska Na- Alaska exclusive jurisdiction over custody This status is important because tribes can tives through Congressional action. Prior matters involving Indian children. do things in Indian country normally as- to ANCSA, Alaska Natives held what is Native Village of Venetie I.R.A. Council sociated with sovereign governments, such known as aboriginal title to land in Alaska. v. State of Alaska, 944 F.2d 548 (9th Cir. as tax business conducted on tribal lands Through a series of United States Supreme 1991). In this case, two village councils and exercise criminal jurisdiction. Venetie Court cases dating back to 1823, aboriginal and two individuals who had adopted chil- had tried to collect taxes from the State title was held to mean that Native American dren through tribal courts sued the State and a private contractor for constructing tribes were domestic dependent nations for refusing to recognize the legal validity a school on ANCSA land to which it held that had a right to occupy lands they had of tribal court adoptions by denying the title. -
Criminal Mischief
Alaska Criminal Code Revision — Tentative Draft, Part 4: Conspiracy; Criminal Mischief; Business and Commercial Offenses; Escape and Related Offenses; Offenses Relating to Judicial and Other Proceedings; Obstruction of Public Administration; Prostitution; Gambling Item Type Report Authors Alaska Criminal Code Revision Subcommission Citation Alaska Criminal Code Revision Subcommission. (1977). Alaska Criminal Code Revision — Tentative Draft, Part 4: Conspiracy; Criminal Mischief; Business and Commercial Offenses; Escape and Related Offenses; Offenses Relating to Judicial and Other Proceedings; Obstruction of Public Administration; Prostitution; Gambling. Anchorage, AK: Alaska Criminal Code Revision Subcommission. Publisher Alaska Criminal Code Revision Subcommission Download date 06/10/2021 06:00:16 Link to Item http://hdl.handle.net/11122/10752 Scholarworks@UA — UAA Justice Center July 1977 Alaska Criminal Code Revision — Tentative Draft, Part 4: Conspiracy; Criminal Mischief; Business and Commercial Offenses; Escape and Related Offenses; Offenses Relating to Judicial and Other Proceedings; Obstruction of Public Administration; Prostitution; Gambling Alaska Criminal Code Revision Subcommission Suggested citation Alaska Criminal Code Revision Subcommission. (1977). Alaska Criminal Code Revision — Tentative Draft, Part 4: Conspiracy; Criminal Mischief; Business and Commercial Offenses; Escape and Related Offenses; Offenses Relating to Judicial and Other Proceedings; Obstruction of Public Administration; Prostitution; Gambling. Anchorage, -
Alaska Supreme Court MO&J No Sm-1741
NOTICE Memorandum decisions of this court do not create legal precedent. A party wishing to cite such a decision in a brief or at oral argument should review Alaska Appellate Rule 214(d). THE SUPREME COURT OF THE STATE OF ALASKA MICHAELA ROBINSON and ELIAS ) ROBINSON, ) Supreme Court No. S-17140 ) Appellants, ) Superior Court No. 3AN-16-09559 ) v. ) MEMORANDUM OPINION ) AND JUDGMENT* STATE OF ALASKA, DEPARTMENT ) OF HEALTH & SOCIAL SERVICES, ) No. 1741 – September 18, 2019 DIVISION OF SENIOR & ) DISABILITIES SERVICES, ) ) Appellee. ) ) Appeal from the Superior Court of the State of Alaska, Third Judicial District, Anchorage, Pamela Scott Washington, Judge pro tem. Appearances: Michaela and Elias Robinson, pro se, Anchorage, Appellants. Anna Jay, Assistant Attorney General, Anchorage, and Kevin G. Clarkson, Attorney General, Juneau, for Appellee. Before: Bolger, Chief Justice, Winfree, Stowers, Maassen, and Carney, Justices. Michaela and Elias Robinson, appearing unrepresented, appeal from the Anchorage Superior Court’s dismissal of their claims against the Alaska Division of Senior and Disabilities Services in a long-running dispute over Michaela’s Medicaid * Entered under Alaska Appellate Rule 214. Personal Care Assistance (PCA) services. Michaela was the only plaintiff in the original complaint, but the superior court later granted her motion to join Elias as a co-plaintiff. The superior court only considered the claims raised in Michaela’s original complaint, disregarding several claims raised in her and Elias’s later filings. By doing so the court left several of the Robinsons’ claims unaddressed, and we remand so that they may be resolved. A. The Superior Court Did Not Consider The Robinsons’ Claim About Pre-2016 Benefits. -
Civil Conspiracy: What's the Use?
University of Miami Law Review Volume 54 Number 1 Article 2 10-1-1999 Civil Conspiracy: What's the Use? Thomas J. Leach Follow this and additional works at: https://repository.law.miami.edu/umlr Recommended Citation Thomas J. Leach, Civil Conspiracy: What's the Use?, 54 U. Miami L. Rev. 1 (1999) Available at: https://repository.law.miami.edu/umlr/vol54/iss1/2 This Article is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. University of Miami Law Review VOLUME 54 OCTOBER 1999 NUMBER 1 Civil Conspiracy: What's the Use? THOMAS J. LEACH* I. INTRODUCTION Any lawyer, given a few moments to think about it, could offer a reasonably correct definition of civil conspiracy. She would say it involves an agreement or combination. Extrapolating from the criminal context, she would probably formulate a phrase to convey the object of the agreement: something like "to do an unlawful act." If pressed for explanation, she would probably come to the point of realizing that the "unlawful act" is most likely to be a recognized tort. She might refine the definition in light of the requirement of an "agreement," which imports intent, to confine the applicability to intentional torts. Such a definition of civil conspiracy satisfactorily matches the usual formulation found in the cases and texts: "The essence of conspir- acy is an agreement - together with an overt act - to do an unlawful act, or a lawful act in an unlawful manner."' * Associate Professor of Law, University of the Pacific, McGeorge School of Law. -
Examining the Work of State Courts 2004, A
3 4185 00319802 4 Examin ng the Work of State Courts, 2004 A National Perspective from the Court Statistics Project I. x .I L. m m.rm Incoming :% imbm 9,911 93.514 38 522 Connectcut 36 450 Wlswnsin 55 138 NOnh Dakota 6.296 % lowa m 314 Sanh Dakota 6 277 lllinrx 96 320 Califomla 2d6 034 Kansas 18 527 Mnnewa 29 125 Y KF 180 .C74A m c. 4 Examining the Work of State Courts, 2004 ..- A National Perspective from the Court Statistics Project __ . -__ -. mmm Edited by 15,mDm- Richard Y. Schauffler 1 Robert C. LaFountain ,omm -- Neal B. Kauder Shauna M. Strickland Court Statistics Project Staff and Contributors Richard Y. Schauffler, Director Fred L. Cheesrnan, Senior Court Research Associate Neal B. Kauder, Consultant, VisualResearch, Inc. Robert C. LaFountain, Court Management Consultant Shauna M. Strickland, Court Research Analyst Nicole L. Waters, Court Research Associate Brenda G. Otto, Program Specialist Library Mational Center for State Courts 300 Newport Ave. Williamsburg, VA 231 85 A joint project of the Conference of State Court Administrators, the Bureau of Justice Statistics, and the National Center for State Courts' Court Statistics Project 0 Copyright 2005 National Center for State Courts ISBN 0-89656-253-0 Suggested Citation: R. Schauffler, R. LaFountain, N. Kauder, & S. Strickland, Examining tbe Work of State Courts, 2004: A National Perspectioefrom tbe Court Statistics Project (National Center for State Courts 2005) This report was developed under Grant 2003-BJ-CX-KI03Supplement # 01 from the Bureau of Justice Statistics Points of view are those of the authors and do not necessarily represent the official position or policies of the Bureau of Justice Statistics : Acknowledgments 0 I ' The members of the Court Statistics Project do not necessarily represent the policies of (CSP) gratefully acknowledge assistance and that agency. -
Court of Appeals Staff Attorney Requires Administration and Procedure
The Position and Organization The Alaska Court of Appeals invites Train and supervise law clerks when they applications for a Court of Appeals Staff perform the technical reviews of draft court Attorney I or II to be based in either decisions, and when the law clerks check legal Anchorage or Fairbanks. Under general briefs submitted by attorneys to ensure they direction of the Chief Judge, the incumbent conform to the requirements of the Appellate will perform legal work for the judges of the Rules. Court of Appeals. In addition, in consultation with the Chief Judge and other judges of the Court, the staff attorney will provide An Ideal Candidate assistance to the Chief Judge, the Clerk of the Appellate Courts, and the staff of the Appellate Clerk’s Office regarding matters of A Court of Appeals Staff Attorney requires administration and procedure. Duties may substantial knowledge of: include the following: • General legal principles and their application, particularly criminal law. Prepare legal memoranda and/or draft • Methods of legal research and sources opinions that thoroughly analyze and evaluate for finding the law. the issues presented in Court of Appeals cases; • Procedures of the Court of Appeals. Perform technical review of draft opinions to • The rules of trial procedure and ensure the accuracy of the facts recited in the evidence. opinion, the correctness of the legal propositions relied on by the Court, and the logic of the Court’s decision; Perform a final review of draft decisions for accuracy, conformity with established -
The Year in Review 2018: Selected Cases from the Alaska Supreme
THE YEAR IN REVIEW 2018 SELECTED CASES FROM THE ALASKA SUPREME COURT AND THE ALASKA COURT OF APPEALS Introduction .....................................................................................................................................1 Administrative Law .........................................................................................................................2 Business Law ...................................................................................................................................7 Civil Procedure ................................................................................................................................9 Constitutional Law ........................................................................................................................14 Criminal Law .................................................................................................................................18 Criminal Procedure ........................................................................................................................21 Election Law ..................................................................................................................................37 Employment Law ..........................................................................................................................40 Environmental Law .......................................................................................................................44 Evidence Law ................................................................................................................................45