The Judges’ Journal • Vol. 54 No. 2 rates of treatment retention than addicts participating in treatment voluntarily and lower rates of recidivism than defendants in traditional courts.1 Another reason for the blossoming of mental health courts was a belief by judges and other stakeholders in the logic underlying their design and operations. They assumed that (1) untreated, or inadequately trea...

Each year, state juvenile courts provide thousands of immigrant and refugee children with access to consistent and reliable caregiving and a stable environment. To examine how courts interpret "the best interests" of immigrant and refugee children, this article examines 24 cases in courts across the United States, which indicate they use a territorial approach when evaluating the best interests...

This paper studies the determinants of patent suits and settlements during 1978-1999 by linking information from the U.S. patent office, the federal courts and industry sources. We find that litigation risk is much higher for patents owned by individuals and firms with small patent portfolios. Patentees with a large portfolio of patents to trade, or other characteristics that facilitate “cooper...

As the technological revolution takes over world, justice system is also susceptible to change. The Online Court of England and Wales (‘OC’) an example such a step taken in that direction. However, some argue this has vast implications on access for ‘digitally excluded’ or Litigant-in-Persons (LIP). While argument warranted, it fails address two essential Courts: First, potential online courts ...

The democratic critique of judicial review by constitutional courts has prompted its defenders to counter that courts have democratic qualities as good as, and in certain respects even stronger than, conventional democratic politics. This article offers a critical analysis of three arguments favouring this approach. The first argues that constitutional courts operate as exemplars of democratic ...

Mental health courts (MHCs) generally began to appear in 1997. Today, more than 80 courts exist in the United States. In the present article, the authors argue that the 2nd generation of MHCs has arrived. The authors compare 8 previously described courts (P. A. Griffin, H. J. Steadman, & J. Petrila, 2002) with 7 newer courts that have not been previously described in the psycholegal literature....

Lower courts supposedly follow Supreme Court precedent—but they often don’t. Instead of adhering to the most persuasive interpretations of the Court’s opinions, lower courts often adopt narrower readings. For example, recent courts of appeals’ decisions have narrowly interpreted the Court’s rulings on police searches, gun control, and campaign finance. This practice—which I call “narrowing from...

Over the past two decades, drug courts have emerged as a viable alternative for addressing drug cases within the criminal justice system. In California, the Drug Court Partnership Program (DCPP) was created in 1998 and has supported and funded the development of drug courts throughout the State. This article reports on a review of California drug court evaluations through January 2000 conducted...

This Article discusses the concept of judicial independence, the political nature of the courts, and efforts to insulate the courts from the ordinary politics engulfing the popularly elected branches. It reviews Florida’s political history and changing political landscape. It traces the development of the state’s judicial selection processes and ties them to current legislation being considered...