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The article examines the development of the dual motivation defense, focusing on the U.S. Supreme court case, Flowers v. Mississippi. It discusses the development of discrimination doctrine in the U.S. Supreme Court and the treatment of dual motivation in other areas of the law. It provides examples of court decisions wherein whether to apply the footnote matters.

This Article analyzes Code Revision Commission v. Public.Resource.Org, a 2018 decision in which the U.S. Court of Appeals for the Eleventh Circuit applied the public edicts doctrine and held that Georgia's copyright on the annotations, commentary, and analyses in the Official Code of Georgia Annotated is invalid. The U.S. Supreme Court granted Georgia's Petition for a Writ of Certiorari on June 24, 2019. About a third of states claim copyright in the annotations to their codes, so the potential impact of this decision is substantial. This Article's thesis is that the Eleventh Circuit was wrong and should be reversed. It first discusses the code revision process in Georgia and the Public.Resource.Org litigation. It next analyzes the Eleventh Circuit's three independent but related reasons for concluding that the annotations are law-like: (1) the identity of the public officials who created the work; (2) the authoritativeness of the work; and (3) the process for creating the work. This analysis is followed by a discussion of the merger doctrine, a discussion of the use of the term 'merger' in O.C.G.A. § 1-1-1, and a brief summary of Supremacy Clause concerns. This Article concludes that the Eleventh Circuit should be reversed by the United States Supreme Court. [ABSTRACT FROM AUTHOR]

The article discusses the impact of the 1215 Magna Carta on the U.S. Supreme Court throughout history from 1790 through the 2010. An overview of the citations of the Magna Carta in Supreme Court judgments and opinions for actions and defense cases, including in the Supreme Court case "Kerry v. Din," is provided.

Purpose: Physician review portals are becoming increasingly popular among patients and often serve as a primary advisory tool during the search for a doctor. However, it has not been established whether these platforms favor leaders of the field; i.e., physicians with high academic rank. Here, we assessed online ratings of US ophthalmologists, selected for their outstanding scientific performance.Methods: This cross-sectional, Internet-based study was performed in September 2016. First, we selected US ophthalmologists who published at least one manuscript or conference abstract that reached at least 100 citations from 2006 to 2016. Second, academic impact of preselected physicians, measured by overall number of citations or Hirsch index, was correlated with their ratings on two physician review portals: healthgrades.com and zocdoc.com.Results: We selected 105 ophthalmologists who met established criteria. A total of 78 were rated on healthgrades.com, but only two were rated on zocdoc.com. The average rating on healthgrades.com was 4.2 +/-0.9, similar to the previously reported US mean for a physician (∼4). The rating did not correlate with the number of citations or with Hirsh index.Conclusions: Highly cited ophthalmologist are not rated proportionately to their scientific achievements. Their reviews are positive, but do not stand out in comparison to other physicians. Additionally, we found that this group of ophthalmologists might be significantly underrepresented on particular review websites. [ABSTRACT FROM AUTHOR]

The article focuses on a legal citation transfers to its reader relates to the weight of the cited authority and common sources of U.S. law, jurisdiction, and court hierarchies across jurisdictions. It mentions legal citation in a judicial opinion and court in that jurisdiction or a statute or a trial court opinion from a different jurisdiction. It also mentions legal educators should help first-year students develop a citation literacy schema that connects the content of legal citations.

The quest for empirical evidence of strategic judicial behavior has produced mixed results. This study finds such evidence in the decisions made while crafting an opinion. Central to any opinion is which precedents are cited and whether their scope is limited (negative treatment) or expanded (positive treatment). I look for evidence of strategic anticipation of en banc review in these decisions using an original dataset of published search and seizure cases from the U.S. Courts of Appeals from 1953 to 2010. A panel is less likely to negatively treat a precedent with which the full circuit is more closely aligned. Circuit preferences also have an effect on citation itself, but only when the panel is at least moderately aligned with a precedent. Moreover, the panel's own ideology is only a significant predictor of citation when the full circuit is favorably disposed toward a particular precedent. [ABSTRACT FROM AUTHOR]

This Article investigates the hypothesis that the most important and, often, controversial and divisive cases--so called "big" cases-- are disproportionately decided at the end of June. We define a "big case" in one of four ways: front-page coverage in the New York Times; front-page and other coverage in four national newspapers (the New York Times, Los Angeles Times, Washington Post, and Chicago Tribune); the number of amicus curiae briefs filed in a case; and the number of subsequent citations by the Supreme Court to its decision in a case. We find a statistically significant association between each measure of a big case and end-of-term decisions even after controlling for the month of oral argument (cases argued later in the term are more likely to be decided near the end of the term) and case attributes (e.g., dissents and concurrences) that increase the time it takes to decide a case. We also speculate on why big cases cluster at the end of the term. One possibility is legacy and reputational concerns: when writing what they think will be a major decision, the Justices and their law clerks take more time polishing until the last minute with the hope of promoting their reputations. Another is that the end-of-term clustering of the most important cases may tend to diffuse media coverage of and other commentary regarding any particular case, and thus spare the Justices unwanted criticism just before they leave Washington for their summer recess. [ABSTRACT FROM AUTHOR]

The article discusses the importance of language in comparative constitutional law. Topics discussed include the usage of foreign law by constitutional courts, the influence of U.S. constitutionalism and the importance of U.S. legal education and its role in the use of foreign law. It mentions the application of foreign citations in constitutional cases and comparative constitutional law for universal human rights protection as well as judicial review.

Should courts consider cases from other jurisdictions? The use of foreign law precedent has sparked considerable debate in the United States, and this question is also controversially discussed in Europe. In this article and within the larger research project from which it has developed, we study the dialogue between different European supreme courts quantitatively. Using legal databases in Austria, Belgium, England and Wales,France, Germany, Ireland, Italy, the Netherlands, Spain, and Switzerland, we have hand-collected a dataset of transnational citations between the highest courts of these countries for the time between 2000 and 2007. In the present article we show that citation of foreign law by supreme courts is not an isolated phenomenon in Europe, but happens on a regular basis. We found 1,430 instances in which these courts have cited the supreme courts of the other nine countries. The majority of these citations have been made for purely comparative reasons. We also undertook regression analysis in order to understand the differences between the cross-citations. Whether such citations take place and in what quantity depends on the particular legal culture and its relationship to others. Austria and Ireland, which stand in an asymmetric relationship with Germany and England respectively, seem to be particularly receptive to foreign influence on their legal systems. But even controlling for these outliers, we have been able to identify that the population of the cited country and a low level of corruption, native languages and language skills, legal origins and families, and cultural and political factors all matter for which courts are likely to be cited. More specifically, knowledge of the language of the cited court appears to be a more important factor driving cross-citations than legal traditions, culture or politics. Thus, to facilitate a transnational market of legal ideas, it can be suggested that courts should strive to make their decisions available in languages that possible readers understand. [ABSTRACT FROM AUTHOR]

This article examines the use of originalist citations by Supreme Court justices in First Amendment freedom of expression opinions. It quantitatively examines when justices use originalist citations and qualitatively explores the content of the justices' citations to determine how the justices are describing the original meaning of the First Amendment. The article concludes that justices uncritically relied on the citations as authoritative; that although it is identified with conservatism and judicial constraint, originalism was frequently used by liberal justices to expand constitutional protections; and that the "blank slate" of originalism makes it a useful tool for originalists and non-originalists alike. [ABSTRACT FROM AUTHOR]

This paper critiques the argument that the U.S. Supreme Court is losing influence among national and constitutional courts worldwide as a result of its nonparticipation in the emerging judicial globalization. It does so, inter alia, by reviewing two examples of how U.S. authority is cited abroad, and concludes that arguments of diminished influence appear overstated, and that changes in U.S. judicial influence are not likely due to attitudes toward citation of foreign law. [ABSTRACT FROM AUTHOR]

Deficiency citations for safety violations in U.S. nursing homes from 2000 to 2007 are examined (representing a panel of 119,472 observations). Internal (i.e., operating characteristics of the facility), organizational factors (i.e., characteristics of the facility itself), and external factors (i.e., characteristics outside of the influence of the organization) associated with these deficiency citations are examined. The findings show that nursing homes increasingly receive deficiency citations for resident safety issues. Low staffing levels, poor quality of care, and an unfavorable Medicaid mix (occupancy and reimbursement) are associated with the likelihood of receiving deficiency citations for safety violations. In many cases, this likely influences the quality of life and quality of care of residents. [ABSTRACT FROM AUTHOR]

The article presents research regarding cases that are considered most legally important in the history of the Supreme Court in the U.S. It utilizes an empirical analysis which provides measure and avoids the subjectivity associated with many other approaches. It concludes that the studies of citation rates can advance the understanding of Supreme Court decision making and opinion writing and added that citations are the central metric for assessing the importance of opinions.

This research considers the citations to Supreme Court opinions issued over a ten year period of the Rehnquist Court. It traces the citations to those opinions received over the ten years following their issuance, broken down into total citations, significant positive citations, and negative citations. Nearly all categories of citations were positively associated, suggesting that certain features influence all types of citations at all court levels, though Supreme Court negative citations appeared to diminish the overall influence of opinions. The type of case was an important determinant of the citations received, especially by lower courts, where civil rights and other types of decisions received more citation. The vote margin in the case was not a significant predictor of citations, but conservative opinions consistently received more citations than liberal opinions, during this era. Opinion author proved significant, and the most dramatic findings were the much higher citation rates associated with Justice Scalia's opinions for the Court, including negative citations. This finding survived controls for case type and ideological direction and suggests that some feature of Scalia's opinions makes them especially powerful precedents. [ABSTRACT FROM AUTHOR]

Analyses 10553 citations appended to 538 papers published during 2004-2008 in the journal Applied Engineering in Agriculture. On average, there were approximately 20 citations per paper. Out of 10553 citations appended, 2263 (21.44%) citations appeared in the year 2006 closely followed by 2231 (21.14%) citations in the year 2005. Out of 1775 authors who contributed a total of 538 papers, 1376 (77.52%) were affiliated to institutions located in USA. Also examines year-wise distribution of papers, authorship pattern, length of papers, degree of collaboration among authors, year-wise appearance of citations, form-wise distribution of resources used by the authors and ranked list of authors by geographical location. [ABSTRACT FROM AUTHOR]

The article presents information on the allowed use of wikipedia, a free, online encyclopedia that is publicly editable, in court. The content reliability is questioned when wikipedia is cited in academic and legal work such that U.S. courts oppose its citation. Proposals to improve its credibility so it can be used as a source are stated, including having a standard style of citation, to use it when consensus understanding is an issue, and not refer to it in technical and controversial cases.

Globalization and its influence on legal education is a topic of growing interest to the legal profession and to legal educators alike. The first articles on the subject appeared in the mid-1990s, and the frequency of publications has been increasing ever since. This bibliography provides annotations to English-language law journal articles published between 1995 and 2008 that focus on the impact of globalization on legal education in the United States. [ABSTRACT FROM AUTHOR]

The debate over the Supreme Court's citation of foreign law rages on. Does the Court have a constitutional license to consider foreign law? Does foreign law differ too much from our own to be of any value? Discussions of questions like these fill confirmation hearings, law reviews, and pages of the U.S. Reports. But a key piece of the debate is missing. This Article connects the use of foreign law with the ways in which the Supreme Court has used a domestic consensus to define constitutional rights. It argues that the decision to consider foreign law, or not, raises substantially the same moral-philosophical problems as the Court's use of a domestic consensus. These philosophical problems are particularly pronounced because the Supreme Court's doctrinal methods for defining constitutional rights rely upon consensus in inconsistent ways, all of which conflict with moral-philosophical theories about the source and meaning of our rights. The Article concludes by arguing that the Court has failed to justify its consensus-related jurisprudence and, in turn, has failed to explain how our rights come to fruition and what they actually mean. [ABSTRACT FROM AUTHOR]

The current study examined the development of community psychology through publications in the main journals of the field, the American Journal of Community Psychology (AJCP) and Journal of Community Psychology (JCP). The investigation assessed which individuals played a major role in shaping the field through their publications by recording information from every citation in AJCP and JCP since the journals started in 1973 through 2004. Each author and the year of publication were documented. In addition, the number of times each article was cited by other researchers was also documented as an approximation of the impact of the article. To document trends over time, three periods (1973–1983; 1984–1994; 1995–2004) were assessed. The relative contribution of authors to the field's literature is presented by rank orders of productivity and influence. Historical trends are discussed. © 2009 Wiley Periodicals, Inc. [ABSTRACT FROM AUTHOR]

This Essay analyzes the effect of the Rehnquist Court on Supreme Court precedent, using a network of all Court citations to other Supreme Court cases. Network analysis enables a study of the Court's use of precedent that may not be readily visible from case-by-case reviews. We find that the Rehnquist Court has made a dramatic alteration in the network of precedent and, in the process, set the stage for a potentially revolutionary change in the makeup of the law. This may be very much the effect contemplated by the Reagan Administration in its effort to remake the composition of the Court. [ABSTRACT FROM AUTHOR]

Several studies have provided evidence that racial profiling on the part of law enforcement agencies in the USA is a widespread problem. In contrast to most extant analyses of biased policing, our multivariate analyses of approximately 1.6 million traffic stops by the Washington State Patrol disaggregate the data from the state level to smaller jurisdictions and examine differences in rates of citation for several minority groups. The analyses reveal that, when racial/ethnic differences in the commission of traffic violations are taken into account, the initial effects of race/ethnicity on the probability of receiving a citation are greatly attenuated. [ABSTRACT FROM AUTHOR]

The article focuses on the legal citation network which is referred to by the author as "The Web of Law," in the U.S. According to the author, American case law and other legal authorities are organized in certain ways as a web or network with its nodes connected by the links of citations. He added that the Web of Law has a structure very similar to other real networks such as the web and the network of scientific papers. Moreover, the most striking feature of the distribution is the extraordinary concentration of precedential authority in a relatively few cases. He emphasized there are many promising hypotheses can be generated by considering the law as a scale-free network.

The article focuses on changes in the eighteenth edition of "The Bluebook" citation system used by law schools and the legal industry in the U.S. and developments in legal research and citation practices. Among the changes in the latest edition is that it ratifies current practices of citing to electronic sources, including working papers and weblogs. A brief history of "The Bluebook" is also offered.

Lower federal appellate judges, like other government officials, identify problems, formulate and implement solutions, and subsequently evaluate them for their efficacy. Immediately following the passage of the Americans with Disabilities Act, courts were confronted with cases that raised new policy issues in claims of employment discrimination. With no guidance from the Supreme Court for five years, circuit courts articulated solutions to these issues with written published opinions. By examining citations to precedents in those opinions, we evaluate the degree to which the court’s reasoning draws on policies from other circuits. Although stare decisis does not compel appeals court judges to consider decisions from other circuits, 76 percent of the opinions include a reference to an out-of-circuit precedent. Outside citations were not uniform across circuits and cases with increased references to outside courts in circuits were characterized by conflict. Our examination of citation patterns suggests that the development of precedent proceeds on two tracks. On one level, circuit judges’ opinions build on precedent from within their court. More broadly, citations reflect on an inter-court dialog to identify conflict and consensus in federal legal policy. [ABSTRACT FROM AUTHOR]

The article presents a brief statement that presents the main points in a concise form of the family law cases in the U.S. that covers approximately the period of August 1, 2004 through July 31, 2005. The case digests are laid out in a topical outline format and alphabetized by state within each topic heading. Summary does not feature every case from every jurisdiction but sets off some of the more significant case. Accordingly, the case digests are the product of reports submitted by state reporters and appended and supplemented by law school student staff.

This guide identifies those 307 United States Supreme Court opinions between 1799 and 2001 that cited one or more federally recognized American Indian treaty. In total, there are 1,325 citation entries to 209 of these 375 recognized instruments. Two tables present these data: one ordered by ratified treaty number and one by Court case title. [Copyright &y& Elsevier]

Analyzes the conflicting constitutional interpretations of judicial power and the prudential arguments on the future decision of the U.S. Supreme Court regarding selective publication and limited citation rules in the U.S. Supreme Court of Appeals. Arguments on the constitutionality of selective publication and noncitation rules; Evaluation of policy arguments regarding limiting the precedental value of unpublished opinions; Proposed system for the publication of judicial decisions.

Discusses the problems created by no-citation rules in the U.S. federal courts of appeals and provides a number of potential solutions to the problems. Debate over nonpublication and no-citation rules; Constitutionality of precedent in the Anastasoff and Hart decisions which tackle the problems caused by such rules; Sources of precedential authority; Factors to be considered in deriving any potential solution to the problem of unpublished opinions and no-citation rules.

Provides information on a study that investigated traces of clerical drafting in U.S. Supreme Court clerical drafts. Methodology of the study; Results and discussion on the study; Conclusion.

Addresses the case of 'Anastasoff v. United States,' in which the Eighth Circuit declared the non-citation portion of its limited publication rule unconstitutional. Origins of the limited publication/non-citation rules; Modern understanding of precedent; Precedent as a constitutional construct; Perils and pitfalls of originalist argumentation; History and theory of precedent; Doctrinal development of precedent in the U.S.

This paper reviews the law related to voluntary intoxication and criminal responsibility in the 50 United States, the District of Columbia, the US Virgin islands, and Puerto Rico. Statutory and case law citations are provided which govern the use of intoxication evidence in each jurisdiction to negate mens rea (i.e., to establish diminished capacity), to support an insanity defense, and to mitigate criminal sentencing. Factors that courts typically focus on when deciding whether to admit this evidence in a particular case are discussed, and these factors are related to clinically relevant criteria. [ABSTRACT FROM AUTHOR]

The article presents findings from the study that was carried out to ascertain the meaning of legal citations by examining their use in state wrongful discharge precedent cases and by distinguishing between strong and weak forms of citation in the U.S. The principal question considered is whether or to what extent, citations in these cases conform to pattern consistent with inter-court influence on decision making, or whether the pattern is more in keeping with a primary function of legitimation. The study findings suggest that legitimation as a primary motive for use of citations includes the greater breadth and frequency of citations in situations where acceptability of decisions is more in question, particularly when new legal doctrines are being adopted and those doctrines are relatively far-reaching. The view of citations as substantively meaningful receives support from findings that courts producing longer opinions were more likely to be cited and that courts sometimes discuss other states' cases at length and directly attribute influence to them.

Presents a list of the most-cited law review articles in the U.S. Rationale of citation analysis; Distortion in judicial citation rankings.

Reports on the need for changes in the citation system in the United States. Bench and bar resistance; Incomplete citation formats; Experiments with citation reforms. INSETS: A response to `keep government out of the citation business'.;A response to `a simplified system of citation'..

The article shares the author's experience as a legal information librarian at the Boston College Law Library in the U.S. She frequently works with attorneys and students seeking to understand Congress' intent when it creates a statute, a process known as statutory interpretation. It introduces the readers to the role of legislative history within the practice of law and describes how to efficiently locate one type of legislative history, proposed amendments to legislation. It describes how to locate the correct citation to amendments published in the Congressional Record.

Discusses a proposed simplified system of citation in Wisconsin. Identification of cases in print or electronically; Similarity with statutory materials; Sequential numbering of cases.