Introduction I. The Case for Capacity A. Clarity B. Consistency C. Checks and Balances D. Summary II. Proposal to Expand Court Capacity A. Expand the Court 1. Size 2. Implementation B. Adopt Panel Decisionmaking C. Retain Limited En Banc Review III. Proposal Pros and Cons A. Potential Benefits 1. Credible Threat of Review 2. Entry and Exit 3. Court Composition 4. Court Cohesion 5. Judicial Educ...

the european court lifted the italian ban on pre-implantation diagnostics (pgd). as such the court accepted pgd as a generally accepted means for medically assisted procreation, which may have consequences for other member states prohibiting pgd.

Previous studies suggest a significant role of language in the court room, yet none has identified a definitive correlation between vocal characteristics and court outcomes. This paper demonstrates that voice-based snap judgments based solely on the introductory sentence of lawyers arguing in front of the Supreme Court of the United States predict outcomes in the Court. In this study, participa...

The U.S. Supreme Court considered an appeal by the defendant, General Electric Co., in a products liability action. The appeal resulted from the ruling by the Court of Appeals for the Eleventh Circuit that overturned the district court's exclusion of evidence of cancer causation. The Supreme Court held that questions of the admissibility of such evidence are reviewable under the same standard--...

Progressive reformers envisioned a therapeutic juvenile court that made individualized treatment decisions in the child's "best interests." The Supreme Court's Gault decision provided the impetus for transforming the juvenile court from an informal welfare agency into a scaled-down criminal court. Since Gault, the juvenile court procedures increasingly resemble those of adult courts, although i...

On June 18, 1982, the United States Supreme Court issued its long-awaited opinion in the "right to refuse treatment" case Mills (previously Okin) v. Rogers. I The Su~reme Court stated that the case posed a substantive issue, "a definition of l a] protected constitutional interest, as well as identification ofthe conditions under which competing state interests might outweigh it," and a procedur...

The economist also emphasizes incentive effects which markets present to economic actors. Proper incentives can promote efficient use of scarce resources, while distorted or ineffective incentives will lead to waste. In a similar fashion, incentives will be influenced by decisions made in courts of law. Decisions can be framed so as to give proper incentives to individuals in such areas as cont...

The courts, legal practitioners, scholars, and social scientists have longrecognized that judges' behavior, both verbal and nonverbal, may have importanteffects on trial processes and outcomes. For example, appellatecourts have cautioned repeatedly that juries in criminal trials accord even themost subtle behaviors of the judge great weight and deference. One judgeconcluded that juries "can be ...

Discrimination on the basis of sex in employment is illegal--usually. In cases in which employers contend that sex-based hiring is necessary to protect the privacy interests of their customer, however, and in cases in which employers contend that sex-based hiring is necessary to provide a particular type of sexual titillation for their customers, courts sometimes do allow employers to discrimin...

Amicus curiae briefs are deeply woven into the fabric of modern federal appellate practice. Indeed, amici curiae submit briefs in approximately ninety percent of the cases that the United States Supreme Court entertains, and the Justices deny a minuscule number of amicus requests to participate. Amicus practice is less ubiquitous in the United States Courts of Appeals. Amici seek to file compar...