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 ...

Several recent decisions by the US Supreme Court have strengthened the ability of federal courts to consider medical testimony regarding injuries associated with exposure to toxic substances. Judges are expected to examine the basis of all expert testimony before it is introduced at trial to ensure that it meets the same standards of intellectual rigor that professionals use outside the courtro...

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...

The impetus of the drug court movement can be traced to a number of factors, such as the social and organizational costs of imprisonment and the literature surrounding the effectiveness of community-based treatment. Regardless of its origins, however, drug courts have altered the way in which court systems process drug cases and respond to drugdependent offenders. Evaluations of U.S. drug court...

Computer forensic software is used by lawyers and law enforcement to collect and preserve data in a “forensic image” so that it can be analyzed without changing the original media, and to preserve the chain of custody of the evidence. To the extent there are vulnerabilities in this software, an attacker may be able to hide or alter the data available to a forensic analyst, causing courts to ren...

In their article, How Courts Adjudicate Patent Definiteness and Disclosure, John R. Allison and Lisa Larrimore Ouellette present a comprehensive study—thirty years’ worth of cases—of federal courts’ application of patent law’s written-description, definiteness, and enablement requirements. Using their own hand-coded dataset, Allison and Ouellette measure a number of interesting disparities in c...

Youth courts provide an efficient—albeit unconventional—alternative to the formal juvenile justice system. Although structures of youth courts vary, the purpose remains the same: to rehabilitate and deter youth offenders in a forum largely governed by their minor peers—one free of the stigma associated with the traditional justice system. This Note examines the expansion of youth courts; variou...

This article asses what is known and what remains to be understood about problem-solving courts. Specifically, the article asserts that drug courts serve a needy population, court mandated treatment programs have higher retention rates, those who participate longer have better outcomes, those in drug courts had lower rates of recidivism, drug use, and that graduated sanctions have statistically...

o Courts should adopt court performance measures to ensure that they can track cases, to increase accountability, and to inform decisions about the allocation of court resources; and o Incentives and requirements should be established for effective collaboration between courts and child welfare agencies on behalf of children in foster care; and o Children and parents should have a strong voice ...

The number of mental health courts in the United States is rapidly increasing, from one in 1997 to nearly 100 in 2004. However, to date there is comparatively little research regarding these specialty courts. The present study reports data on the referral and disposition decision-making processes of seven mental health courts. Information on all referrals to the seven courts over a three-month ...