SelectedWorks @ Chapman University Dale E. Fowler School of Law
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How Large is Too Large for the Rule of Law? Testimony Before the U.S. Senate Judiciary Committee, Hearing to Consider Proposals to Split the Ninth Circuit Court of Appeals
No full textProposals to split the U.S. Court of Appeals for the Ninth Circuit have been around since the 1950s. A serious proposal was made to split both the 5th and the 9th back in the 1970s; the 5th was in fact split (into the current 5th and the 11th), but the 9th Circuit remains as it was, by far the largest circuit court in the country, responsible for more than 40% of the nation\u27s territorty and 1 in every 5 members of its population. The Circuit currently has 28 active judges authorized and nearly 50 actually sitting (including senior circuit judges). This testimony before the U.S. Senate Judiciary Committee contends that true collegiality - the kind that leads individual members of a court to seek correct decisions under the rule of law through the collaboration that comes with sitting together frequently on panels - is virtually impossible. Empirical studies, such as an important one by Judge Richard Posner, support this conclusion: The Ninth Circuit is summarily and/or unanimously reversed six times more frequently than the next most-reversed circuit. In other words, the Circuit has grown too large and must be split in order to protect the rule of law
The Media\u27s Ancien Regime
No full textColumbia School of Journalism is undertaking a major change via the introduction of a second graduate degree program. Dean Nicholas Leman believes that decline in credibility of major media can be arrested via the teaching to journalists of power skills, e.g. regression analysis, that equip them to provide readers/listeners with more than an account of competing narratives. The attempt is doomed, according to Hewitt, not because of journalists\u27 inability to learn new skills, but because of a uniformity of ideological beliefs that inevitably distort stories and thus diminish credibility in a way that cannot be hidden from a networked world. Hugh Hewitt is Professor of Law at Chapman University Law School and the Executive Editor of Townhall.com
Mental Disorders and The Law
No full textThis chapter provides an introduction to the major classes of mental disorder and the ways in which they are salient to selected aspects of American criminal and civil law, focusing particularly on criminal law issues
Boyakasha, Fist to Fist: Respect and the Philosophical Link With Reciprocity in International Law and Human Rights
No full textFrom Grotius to Hobbes to Locke to an unconventional modern pop-culture manifestation in Ali G, the concept of “respect” has always been understood as important in human interaction and human agreements. The concept of mutual understanding and obligation pervades human interaction, and, for purposes of this Article, international relations. Almost all basic principles in English, United States, and other country’s laws that value human and individual rights have based, over time, the development of their laws on the philosophical principle of respect. So much of common and statutory law is designed to enforce respect for others. The principle question in this Article involves the idea of respect between nations in international reciprocity. Most importantly, it examines who should have the opportunity to enforce potential disrespectful actions in issues of international law and human rights. Due to a trend within the United States where litigation opportunities have allowed private individuals to attempt to enforce within the judiciary the obligations of “international law” for allegedly disrespectful actions, the question becomes whether it is wise to allow nations due respect to allow their citizens to enforce actions contrary to those international obligations. If, indeed, international agreements are between nation-states – reciprocity requires that the decisions to respect them should be made by the “contracting” parties and not third parties. Thus, third party civil litigation based on international agreements (or a nation’s allowance of them) is itself disrespectful
Equilibrium Price Dispersion, Mergers and Synergies: An Experimental Investigation of Differentiated Product Competition
No full textAdult Punishment for Juvenile Offenders: Does it Reduce Crime?
No full textThis chapter discusses the research on the general and specific deterrent effects of transferring juveniles for trial in adult criminal court, identifies gaps in our knowledge base that require further research, discusses the circumstances under which effective deterrence may be achieved, and examines whether there are effective alternatives for achieving deterrence other than adult sanctions for serious juvenile offenders. As a backdrop to this analysis, the chapter first examines the role of public opinion in shaping the get tough policies, and how policy makers have misunderstood and perceived support for these policies
The Disinvestment in Public Higher Education
No full textAmerica\u27s rise in the World has many reasons. One of the most siginificant is upper mobility. Americans are not limited by caste, class, ethnic background, national origin, religion, race, skin color, accent, or gender. The key to success for most Americans is a system of higher education par excellence. Education was viewed as one of the distinguishing characteristics of the New World. Harvard was initially funded by a grant from the General Court of the Massachusetts Bay Colony in 1636. America led the world in mandating secondary education. Public univesities have existed for over two centuries in America, led by the chartering of the University of North Carolina in 1789. The concept of land grants to fund education originated with the Northwest Ordinance of 1787. Thomas Jefferson founded the University of Virginia and Benjamin Franklin the University of Pennsylvania. The Morrill Act of 1862 created the public land grant universities, which became the core of the public higher education system in most states. Subsequent acts furthered public higher education. The combination of the exisiting public universities and the land grant institutions marked the ascendancy of public higher education outside the Northeast and Mid-Atlantic. The post-World War II boom in public funding for higher education resulted in changing the paradigm from one of elitism to that of universal access. Scores of public institutions, especially the masters and community colleges, opened their doors. From the days of their formation, many of the public institutions led the way in offering affordabiltiy and accessibility to higher education for their residents, and in opening their doors to women students as well as racial and religious minorities. They soon added professional schools to their offerings. That was then. State spending on higher education is discretionary and is increasingly being squeezed by mandates, especially medicaid. Periodic budget crisis further reduce state spending; the early part of the New Millenium was especially devastating to the finances of the public institutions. Large tuition increses coupled with substantial budget cuts, curricular cuts, and matriculation of high tuition, non-residents to offset the budget cuts is threatening accessibility and affordability, especially at the flagship universities. Michigan, for example, is now a quasi-private university
Unintended Consequences: Eminent Domain and Affordable Housing
No full textThe continuing controversy regarding Kelo v. City of New London demonstrates that there are a number of problems and tensions associated with eminent domain that entice scholars. This article addresses one such problem: the singular link between eminent domain and affordable housing. Though rarely discussed, this link reveals a long history of cities\u27 use of their eminent domain power to advance development projects that rarely include affordable housing. Moreover, when cities condemn property through eminent domain to further new development projects, they often do so in a manner that undermines many of the goals of building more affordable housing. As the need for affordable housing increases, cities\u27 taking of private property for public purposes has helped decrease the number of affordable housing units instead of helping keep up with the demand. Moreover, the two competing views in the ongoing debate regarding the proper definition of a constitutional public use both marginalize affordable housing. This interplay between eminent domain and affordable housing raises concerns from a social justice perspective and an economic perspective. This article analyzes the sources and issues that have led to the problems stemming from the link between eminent domain and affordable housing and highlights some potential solutions