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Vertical Stare Decisis and Three-Judge District Courts
Get PDFThree-judge federal district courts have jurisdiction over many issues central to our democratic system, including constitutional challenges to congressional and legislative districts, as well as to certain federal campaign-finance statutes. They are similarly responsible for enforcing key provisions of the Voting Rights Act. Litigants often have the right to appeal their rulings directly to the U.S. Supreme Court. Because of this unusual appellate process, courts and commentators disagree on whether such three-judge district court panels are bound by circuit precedent or instead are free to adjudicate these critical issues constrained only by U.S. Supreme Court rulings.
The applicability of court of appeals precedent in three-judge district courts implicates larger questions about the justifications for, and scope of, vertical stare decisis within the federal judiciary. The Appellate Jurisdiction Theory of vertical stare decisis posits that, when adjudicating a case, the only precedent a court is required to apply is that of tribunals with appellate jurisdiction over that particular matter. The Structural Theory, in contrast, contends that a lower court must presumptively follow the precedent of other courts that are superior to it within the judicial hierarchy.
A careful analysis of nearly a century\u27s worth of federal laws establishing three-judge trial courts and allowing certain cases to be appealed directly to the U.S. Supreme Court confirms that Congress does not legislate against the backdrop of the Appellate Jurisdiction Theory. To the contrary, a Hybrid Theory combining both traditional approaches provides the best descriptive fit for past and present jurisdictional statutes and unconventional appellate procedures. The Hybrid Theory specifies that a court presumptively must follow the precedent of other tribunals that either may have appellate jurisdiction over its rulings in a particular case or are superior to it within the constitutional and statutory structure of the judiciary. Applying this approach, a three-judge district court must follow its regional court of appeals\u27s precedent, even though its rulings are not subject to review there, because that court occupies a superior position within the federal judicial hierarchy. This approach is most consistent with the structure of three-judge district courts, Congress\u27s purposes in creating them, practical considerations, and the traditional rationales underlying stare decisis
A Framework for the Efficient and Ethical Use of Artificial Intelligence in the Criminal Justice System
Get PDFMachine learning techniques are transforming the manner in which much of the legal system works, and criminal justice is the area which will be most fundamentally changed. Given the fundamental rights and interests at stake in the criminal justice system, this is also the field where the unthinking application of artificial intelligence ( AI ) is most troubling, and where there is the greatest threat to individual rights and the likelihood of unanticipated damage to the rule of law. These problems will occur (and are occurring) throughout the criminal justice system: from data-driven predictive policing systems in the criminal investigation process, through to recidivism prediction for parole applications and sentencing recommendation systems post-trial. The risks presented by Al to the proper functioning of the criminal justice system will be exacerbated by commercial pressures on law enforcement and the criminal justice system, partisan political interests, and a lack of technological understanding by the judiciary and the legal profession more generally. Notwithstanding this dystopian vision, there is an opportunity to use AI techniques to improve the detection of crime, prosecute and sentence criminal offenders, help uncover discrimination, ensure parity of treatment across the system, and identify unfair and unjust treatment. The thoughtful and appropriate use of ethical Al systems can greatly assist in the administration of justice and the rule of law. In this Article, we propose a framework for systematically implementing Al into the criminal justice system in order to ensure that the system operates in a normatively enhanced and more effective and efficient manner. In proposing this framework we grapple with the reality that humans have an intrinsic emotional dislike of computers making decisions that have an important impact on peoples\u27 lives
Florida State Law Alumni Magazine & Annual Report (2020)
Get PDFhttps://ir.law.fsu.edu/newsletter-magazine/1074/thumbnail.jp
FSU Law Focus - 06/19/2020
Get PDFFrom the Dean: Panel on police brutality and reform; Alum Profile: Scott B. Smith (’98); Student Profile: 2020 Grad Daniel Kalter; Student Profile: 2020 Grad Yetian Wanghttps://ir.law.fsu.edu/fsu-law-focus/1165/thumbnail.jp
FSU Law Focus - 04/10/2020
Get PDFFrom the Dean: Moot Court Team finished second in Judge John R. Brown Admiralty Moot Court Competition; FSU Law-Themed Zoom Backgrounds Available; Alum Profile: Gregory M. Noonan (’08); Student Profile: 3L Daumantas Venckus-Cucchiarahttps://ir.law.fsu.edu/fsu-law-focus/1237/thumbnail.jp
FSU Law Focus - 02/21/2020
Get PDFFrom the Dean: Florida Pro Bono Law School Challenge; Faculty Profile: Donna R. Christie; Alum Profile: Nicki Mohr Hall (’10); Student Profile: 3L Oma “Zack” Nationshttps://ir.law.fsu.edu/fsu-law-focus/1323/thumbnail.jp
FSU Law Focus - 09/18/2020
Get PDFFrom the Dean: Fall 2020 Fundathon; FSU Law Research Center Makes Adjustments for COVID-19 Learning; Alum Profile: The Honorable Samantha L. Ward (’90); Alum Profile: The Honorable Samantha L. Ward (’90); Student Profile: 3L Stephanie Roman Cabanhttps://ir.law.fsu.edu/fsu-law-focus/1111/thumbnail.jp
FSU Law Focus - 06/12/2020
Get PDFFrom the FSU Law Alumni Association Board; From the Dean; Alum Profile: Shane Spencer (’16) (1991-2020); Student Profile: 2020 Grad Brandon Gamble; Student Profile: 2020 Grad Machaella Reismanhttps://ir.law.fsu.edu/fsu-law-focus/1157/thumbnail.jp
FSU Law Focus - 06/26/2020
Get PDFFrom the Dean: Dave Markell retirement; Alum Profile: Bruce D. Lamb (’80); Student Profile: 2020 Grad Shay Beaudoin; Student Profile: 2020 Grad Ashley Navarretehttps://ir.law.fsu.edu/fsu-law-focus/1172/thumbnail.jp