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Court System (court + system)
Selected AbstractsUnderstanding the Judicial Role in Addressing Gender Bias: A View from the Eighth Circuit Federal Court SystemLAW & SOCIAL INQUIRY, Issue 2 2002Kimberly A. Lonsway The role of trial judges in the litigation process is frequently debated. Are judges to be dispassionate adjudicators, disengaged referees in a sport in which attorneys compete? Or are they charged with a more active role in promoting the substance, form, and process of justice? In the present paper, we explore the judicial role in addressing gender bias in federal litigation, using data gathered for the Eighth Circuit Gender Fairness Task Force. The federal judges of this circuit were surveyed about their experiences, observations, and opinions of gender-biased conduct. Results indicated that although judges viewed judicial intervention as an appropriate response to gender bias, they had little personal experience with intervention in such a situation. Fur thermore, when specific hypothetical scenarios were presented, they generally agreed that the described conduct was inappropriate but offered little consensus regarding the best course of action for an attorney or judge confronted with such behavior. The Eighth Circuit data thus provide the basis for expanded understanding of the conduct at issue, the options for action in response, and the persistent discrepancy in viewpoints on gender bias and the judicial role. [source] An Epidemiologic Study of Closed Emergency Department Malpractice Claims in a National Database of Physician Malpractice InsurersACADEMIC EMERGENCY MEDICINE, Issue 5 2010Terrence W. Brown MD Abstract Objectives:, The objective was to perform an epidemiologic study of emergency department (ED) medical malpractice claims using data maintained by the Physician Insurers Association of America (PIAA), a trade association whose participating malpractice insurance carriers collectively insure over 60% of practicing physicians in the United States. Methods:, All closed malpractice claims in the PIAA database between 1985 and 2007, where an event in an ED was alleged to have caused injury to a patient 18 years of age or older, were retrospectively reviewed. Study outcomes were the frequency of claims and average indemnity payments associated with specific errors identified by the malpractice insurer, as well as associated health conditions, primary specialty groups, and injury severity. Indemnity payments include money paid to claimants as a result of settlement or court adjudication, and this financial obligation to compensate a claimant constitutes the insured's financial liability. These payments do not include the expenses associated with resolving a claim, such as attorneys' fees. The study examined claims by adjudicatory outcome, associated financial liability, and expenses of litigation. Adjudicatory outcome refers to the legal disposition of a claim as it makes its way into and through the court system and includes resolution of claims by formal verdict as well as by settlement. The study also investigated how the number of claims, average indemnity payments, paid-to-close ratios (the percentage of closed claims that resolved with a payment to the plaintiff), and litigation expenses have trended over the 23-year study period. Results:, The authors identified 11,529 claims arising from an event originating in an ED, representing over $664 million in total liability over the 23-year study period. Emergency physicians (EPs) were the primary defendants in 19% of ED claims. The largest sources of error, as identified by the individual malpractice insurer, included errors in diagnosis (37%), followed by improper performance of a procedure (17%). In 18% of claims, no error could be identified by the insurer. Acute myocardial infarction (AMI; 5%), fractures (6%), and appendicitis (2%) were the health conditions associated with the highest number of claims. Over two-thirds of claims (70%) closed without payment to the claimant. Most claims that paid out did so through settlement (29%). Only 7% of claims were resolved by verdict, and 85% of those were in favor of the clinician. Over time, the average indemnity payments and expenses of litigation, adjusted for inflation, more than doubled, while both the total number of claims and number of paid claims decreased. Conclusions:, Emergency physicians were the primary defendants in a relatively small proportion of ED claims. The disease processes associated with the highest numbers of claims included AMI, appendicitis, and fractures. The largest share of overall indemnity was attributed to errors in the diagnostic process. The financial liability of medical malpractice in the ED is substantial, yet the vast majority of claims resolve in favor of the clinician. Efforts to mitigate risk in the ED should include the diverse clinical specialties who work in this complex environment, with attention to those health conditions and potential errors with the highest risk. ACADEMIC EMERGENCY MEDICINE 2010; 17:553,560 © 2010 by the Society for Academic Emergency Medicine [source] MOTHERING, FATHERING, AND DIVORCE: THE INFLUENCE OF DIVORCE ON REPORTS OF AND DESIRES FOR MATERNAL AND PATERNAL INVOLVEMENT*FAMILY COURT REVIEW, Issue 3 2009Seth J. Schwartz The present study investigated the extent to which young adults' reports of,and desires for,maternal and paternal involvement differed between intact and divorced families. An ethnically diverse sample of 1,376 young adults completed measures of reported and desired mothering and fathering across 20 parenting domains. Results indicated that both reports of and desires for father involvement differed sharply by family form (intact versus divorced), whereas few family form differences emerged for reported or desired mother involvement. These findings are discussed in terms of implications for custody and access decisions within the family court system. [source] WILLIAM H. REHNQUIST AWARD FOR JUDICIAL EXCELLENCE ADDRESSFAMILY COURT REVIEW, Issue 2 2009Hon. Jonathan Lippman The William H. Rehnquist Award is one of the most celebrated judicial honors in the country. It is given each year to a state court judge who demonstrates the "highest level of judicial excellence, integrity, fairness, and professional ethics." The 2008 recipient, Jonathan Lippman, was recently appointed and confirmed as Chief Judge of the State of New York. Chief Judge Lippman was previously the Presiding Justice of the Appellate Division of the First Judicial Department of the New York State Supreme Court. He was appointed New York's Chief Administrative Judge by Chief Judge Judith S. Kaye and served from January 1996 to May 2007 and was responsible for the operation of a court system with a $2.4 billion budget, 1300 state-paid judges, 2300 town and village judges, and 16,000 nonjudicial personnel. Among his numerous professional activities, Chief Judge Lippman served as president of the Conference of State Court Administrators from 2005 to 2006 and was the vice-chair of the National Center for State Courts from 2005 to 2006, where he was a member of the Board of Directors from 2003 to 2007. During his tenure, Chief Judge Lippman has been the recipient of numerous awards and recognitions, including the 2006 Fund For Modern Courts Cyrus R. Vance Tribute for Vision, Integrity and Dedication to the Fair Administration of Justice Personified by Cyrus R. Vance (November 27, 2006); the New York County Lawyers' Association Conspicuous Service Award in Recognition of Many Years of Outstanding Public Service (September 28, 2006); and the Award for Excellence in Public Service of the New York State Bar Association's Committee on Attorneys in Public Service (January 24, 2006). Chief Judge Lippman received a Bachelor of Arts in Government and International Relations from New York University, Washington Square College, where he graduated cum laude in 1965. He also received his J.D. from New York University in 1968. Below is the speech he delivered after accepting the William H. Rehnquist Award from U.S. Supreme Court Chief Justice John G. Roberts. [source] MAKING ALTERNATIVE DISPUTE RESOLUTION (ADR) LESS ALTERNATIVE: THE NEED FOR ADR AS BOTH A MANDATORY CONTINUING LEGAL EDUCATION REQUIREMENT AND A BAR EXAM TOPICFAMILY COURT REVIEW, Issue 4 2006Dori CohenArticle first published online: 11 SEP 200 Divorce proceedings have had a negative reputation due to their adversarial nature. Litigation in the family law field has exacerbated an already emotionally charged atmosphere. Alternative dispute resolution (ADR) has grown in importance over the past three decades and has helped to alleviate some of the animosity which accompanies divorce and child custody matters. Parents in particular are aided by the benefits of options such as mediation and collaborative divorce, obtaining increased control over their agreements in situations where the relationships will be continuous due to shared parenting responsibilities. However, much more could be done to increase the use of ADR in family law proceedings. Current family law practitioners could fill many roles, including mediator, advocate during mediation, collaborative negotiator, arbitrator, and counselor regarding which process to implement. Knowledge about these different roles, with their attendant skills and ethical issues, has become imperative. This Note will advocate for a mandatory continuing legal education requirement in ADR for matrimonial attorneys, as well as for the inclusion of ADR as a topic on state bar examinations. An increased knowledge of ADR will benefit divorcing parents and their children, ease an overcrowded court system, and lead to greater personal and professional satisfaction for the family law practitioner. [source] WILLIAM H. REHNQUIST AWARD ADDRESSFAMILY COURT REVIEW, Issue 4 2005Hon. Leonard Edwards The William H. Rehnquist Award is one of the most celebrated judicial honors in the country.1 It is given each year to a state court judge who demonstrates the "highest level of judicial excellence, integrity, fairness, and professional ethics."2 The 2004 recipient, Judge Leonard Edwards, is the Supervising Judge of the Santa Clara County, California juvenile dependency court.3 He is the first juvenile court judge to receive this prestigious award. During the 24 years he has held his position, Judge Edwards has worked extremely hard to improve how the juvenile court system serves troubled families. He has founded two organizations to achieve this end, the Juvenile Court Judges of California and the Santa Clara County Domestic Violence Council.4 Judge Edwards serves as a lead judge in San Jose's Model Court, which is one of twenty-five jurisdictions in the country which utilizes new ideas and techniques to improve adoption rates for children in foster care.5 Moreover, he has worked as president of the National Council of Juvenile and Family Court Judges.6 Below is the speech he gave after accepting the award from U.S. Supreme Court Justice Anthony M. Kennedy. The speech notes the importance of the award to everyone working in America's juvenile courts. [source] MAKING FAMILIES AND CHILDREN A HIGH PRIORITY IN THE COURTSFAMILY COURT REVIEW, Issue 4 2002California's Center for Families, Children & the Courts This article describes the California Administrative Office of the Court's (AOC's) Center for Families, Children & the Courts (CFCC). CFCC is an interdisciplinary unit that brings together all of the AOC's work on statewide policies and practices related to families and children in the court system. CFCC thus models the unified family court model within the state AOC. CFCC's projects and activities are described to show the effectiveness of its multidisciplinary and collaborative approach in addressing complex policy and practice issues. It is hoped that readers may discover aspects of CFCC's work that could be adapted to their own jurisdiction or practice. [source] Vanishing Trials: The Bankruptcy ExperienceJOURNAL OF EMPIRICAL LEGAL STUDIES, Issue 3 2004Elizabeth Warren The federal bankruptcy system provides two critical points of comparison with data about the overall trends of federal lawsuits and trials. The first is the rising number of bankruptcy filings, which indicates that a growing number of collection actions and debtor-creditor disputes are funneled into the bankruptcy system for relatively quick, cheap resolution. The second point of comparison focuses on adversary proceedings, the lawsuit-like subset of disputes that sometimes are resolved within a bankruptcy. The trend lines here suggest that the number of adversary proceedings filed is climbing, while the number of such disputes that are actually resolved by trial is declining. Like the data about the federal court system generally, these data suggest that the trial is quietly vanishing from the bankruptcy system. Data about the number of judges and about business and nonbusiness bankruptcy cases make it possible to explore two competing hypotheses,a Judicial Workload Hypothesis and a Cost Hypothesis,to explain the overall findings. The data are not conclusive, but they are consistent with the view that judicial workloads explain less of the decline in the number of trials than an increase in litigants' costs of resolving disputes in bankruptcy. The data are also consistent with a vision of bankruptcy as an evolving process that is increasingly standardized (and cheaper) for nonbusiness debtors, while it is highly individualized (and more costly) for business cases. If that vision is right, it has implications both for understanding the changing role of the trial and for considering various statutory proposals to differentiate further the treatment of large business, small business, and nonbusiness cases. [source] Children Who Have Been Traumatized: One Court's ResponseJUVENILE AND FAMILY COURT JOURNAL, Issue 4 2008Judge Michael L. Howard ABSTRACT A court that is trauma-informed can assist with the process of identifying children in need of trauma-focused services and can provide education and direction to families frustrated by prior treatment failures. The unique role of the juvenile court judge as a community convener offers an opportunity to increase community awareness about the impact of trauma, and to promote the adoption of evidence-based treatment for trauma victims. This article outlines the way that increased trauma awareness and trauma screening within a family court system mobilized the development of effective resources for children and families affected by trauma. [source] Child Welfare Workers and Michigan's Family Court Legislation: The Relationship Between Policy and PracticeJUVENILE AND FAMILY COURT JOURNAL, Issue 1 2001JOSEPH KOZAKIEWICZ J.D. ABSTRACT Michigan created a family court in 1998, combining in a single court jurisdiction over most family law cases. This study examines the child welfare workers' role in creating the family court, the family court's impact on child welfare workers' practice, and child welfare workers' efforts to educate other professionals on the potential benefits of the family court system. This study found that child welfare workers were not actively involved in the creation of the family court and have not aggressively sought to educate other professionals regarding the family court's potential. Further, though child welfare workers' reception of the family court has largely been positive (or at least neutral), child welfare workers must take greater advantage of the family court system to improve the effectiveness of their practice. [source] "Health Courts" and Accountability for Patient SafetyTHE MILBANK QUARTERLY, Issue 3 2006MICHELLE M. MELLO Proposals that medical malpractice claims be removed from the tort system and processed in an alternative system, known as administrative compensation or ,health courts,' attract considerable policy interest during malpractice ,crises,' including the current one. This article describes current proposals for the design of a health court system and the system's advantages for improving patient safety. Among these advantages are the cultivation of a culture of transparency regarding medical errors and the creation of mechanisms to gather and analyze data on medical injuries. The article discusses the experiences of foreign countries with administrative compensation systems for medical injury, including their use of claims data for research on patient safety; choices regarding the compensation system's relationship to physician disciplinary processes; and the proposed system's possible limitations. [source] Elders in the justice system: how the system treats elders in trials, during imprisonment, and on death rowBEHAVIORAL SCIENCES & THE LAW, Issue 5 2007L. Beth Gaydon B.A. As the average lifespan increases, it becomes increasingly likely that elders will be involved in the justice system. Elders may be witnesses, victims, plaintiffs, or defendants in a trial. They are also prisoners and, in some cases, death row inmates. Because there are special needs and costs associated with elders, it is important to consider how they are treated in each of these areas of the justice system. For instance, jurors may have age biases; some prisons are unable to address elders' health problems; and critics have questioned the constitutionality of executing frail elders. In order to determine whether the court system is treating elders fairly, this analysis reviews current policies, research, and anecdotal evidence from recent high-profile cases. Recommendations for future research and policy changes are offered to ensure that elders are treated fairly in the justice system. Copyright © 2007 John Wiley & Sons, Ltd. [source] A satisfied clientele seeking more diverse services: Latinos and the courts,BEHAVIORAL SCIENCES & THE LAW, Issue 2 2001Rodolfo O. de la Garza Ph.D. This article assesses Latino views of the court system, both of their beliefs about the courts and their experiences with the courts. Relying primarily on the Latino over-sample of the National Center for State Courts (2000) survey of public attitudes toward the courts, we evaluate three aspects of the Latino,judicial relationship. First, we measure whether there are differences between Latino and non-Latino views of the courts. Second, we assess whether there are differences within the Latino community, particularly differences based on nativity, in Latino attitudes toward the courts. Finally, we assess the implications of Latino views of the courts for US society in general. We are particularly concerned about whether having a greater share of Latinos in the population will create new pressures to reform the judiciary. Copyright © 2001 John Wiley & Sons, Ltd. [source] Race, income, and perceptions of the U.S. court systemBEHAVIORAL SCIENCES & THE LAW, Issue 2 2001Ph.D., Richard R. W. Brooks J.D. This article reports on the effect of income within race on African Americans' perception of the courts. Our findings are somewhat consistent with the previous research on black middle-class relative dissatisfaction with various American institutions. That is, unlike whites and Latirios in our study, we find that higher-income African Americans are more skeptical of the notion that blacks receive equal treatment in the courts. This same group also reported less confidence in the court's handling of specific types of cases (e.g., civil, criminal and juvenile delinquency cases.) However, better off blacks were more likely than poor blacks to have confidence in the U.S. Supreme Court and community courts. These findings point a more complex account of African American perceptions of the courts, an account that draws a distinction between diffused and specific support of the courts. Copyright © 2001 John Wiley & Sons, Ltd. [source] Keeping Our Ambition Under Control: The Limits of Data and Inference in Searching for the Causes and Consequences of Vanishing Trials in Federal CourtJOURNAL OF EMPIRICAL LEGAL STUDIES, Issue 3 2004Stephen B. Burbank This article offers some reflections stimulated by Professor Galanter's materials, which were the common springboard for the Vanishing Trials Symposium. It suggests that other data, quantitative and qualitative, may be helpful in understanding the vanishing trials phenomenon in federal civil cases, notably data available for years prior to 1962, and questions whether it is meaningful to use total dispositions as the denominator in calculating a trial termination rate. The article argues that care should be taken in using data from state court systems, as also data from criminal cases, administrative adjudication, and ADR, lest one put at risk through careless assimilation of data or muddled thinking a project quite difficult enough without additional baggage. The article describes the limitations of data previously collected by the Administrative Office of the U.S. Courts and highlights unique opportunities created by the AO's switch to a new Case Management/Electronic Case Files system. It argues that Professor Galanter may underestimate the influence of both changing demand for court services (docket makeup) and of changing demand for judicial services (resources) on the trial rate. Finally, the article argues that conclusions about either the causes or consequences of the vanishing trials phenomenon in federal civil cases are premature, suggesting in particular reasons to be wary of emphasis on "institutional factors" such as the discretionary power of first-instance judges and the ideology of managerial judging. [source] Field and Laboratory Alcohol Detection With 2 Types of Transdermal DevicesALCOHOLISM, Issue 4 2009Paul R. Marques Background:, Two types of transdermal electrochemical sensors that detect alcohol at the skin surface were evaluated. One, the AMS SCRAMÔ device, is locked onto the ankle and is based on a fuel cell sensor; the other, a Giner WrisTASÔ device, worn on the wrist, is based on a proton exchange membrane. SCRAM is used by several court systems in the United States to monitor alcohol offenders, WrisTAS, a research prototype, is not commercially available. Methods:, The 2 devices were worn concurrently by 22 paid research subjects (15 men, 7 women), for a combined total of 96 weeks. Subjects participated in both laboratory-dosed drinking to a target of 0.08 g/dl blood alcohol concentration (BAC), and normal drinking on their own; all subjects were trained to use and carry a portable fuel-cell breath tester for BAC determinations. Overall 271 drinking episodes with BAC , 0.02 g/dl formed the signal for detection,60 from laboratory dosing, and 211 from self-dosed drinking, with BAC ranging from 0.02 to 0.230 g/dl (mean 0.077 g/dl). Results:, False negatives were defined as a transdermal alcohol concentration response equivalent <0.02 g/dl when BAC , 0.02 g/dl. The overall true-positive hit rate detected by WrisTAS was 24%. The low detection rate was due to erratic output and not recording during nearly 67% of all episodes; reportedly a chipset, not a sensor problem. SCRAM correctly detected 57% across all BAC events, with another 22% (total 79%) detected, but as <0.02 g/dl. When subjects dosed themselves to BAC , 0.08 g/dl, SCRAM correctly detected 88% of these events. SCRAM devices lost accuracy over time likely due to water accumulation in the sensor housing. Neither unit had false-positive problems when true BAC was <0.02 g/dl. Conclusions:, Each device had peculiarities that reduced performance, but both types are able to detect alcohol at the skin surface. With product improvements, transdermal sensing may become a valuable way to monitor the alcohol consumption of those who should be abstaining. [source] Best Practices for Serving Traumatized Children and FamiliesJUVENILE AND FAMILY COURT JOURNAL, Issue 4 2008Robyn S. Igelman ABSTRACT This paper highlights the traumatic impact of child abuse and neglect upon children and adolescents who are commonly seen in court systems. In addition to describing prevalence rates of trauma exposure and psychological reactions among traumatized children, it addresses the need for judges and court personnel to work with children and families in a manner that is sensitive to their traumatic experiences and emphasizes the need for these children to receive the very best evidence-based care available in order to help them more effectively cope and recover from trauma exposure. Cultural issues and model adaptations are covered in relation to the use of evidence-based practices with children from various cultural and ethnic backgrounds. Specific recommendations are given to help judges and court personnel become better informed about the use of evidence-based practices for treating child trauma, enabling them to respond more sensitively and appropriately in these cases. [source] Memory distortion in eyewitnesses: a meta-analysis of the post-identification feedback effectAPPLIED COGNITIVE PSYCHOLOGY, Issue 7 2006Amy Bradfield Douglass Feedback administered to eyewitnesses after they make a line-up identification dramatically distorts a wide range of retrospective judgements (e.g. G. L. Wells & A. L. Bradfield, 1998 Journal of Applied Psychology, 83(3), 360,376.). This paper presents a meta-analysis of extant research on post-identification feedback, including 20 experimental tests with over 2400 participant-witnesses. The effect of confirming feedback (i.e. ,Good, you identified the suspect') was robust. Large effect sizes were obtained for most dependent measures, including the key measures of retrospective certainty, view and attention. Smaller effect sizes were obtained for so-called objective measures (e.g. length of time the culprit was in view) and comparisons between disconfirming feedback and control conditions. This meta-analysis demonstrates the reliability and robustness of the post-identification feedback effect. It reinforces recommendations for double-blind testing, recording of eyewitness reports immediately after an identification is made, and reconsideration by court systems of variables currently recommended for consideration in eyewitness evaluations. Copyright © 2006 John Wiley & Sons, Ltd. [source] | ||||||||||||||||||||||||||||