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"Best Practices": Supplemental Practicum for Pennsylvania Magisterial District Judges

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Additionally, the reference materials included specific editions of The Journal, a monthly publication of the PA Special Court Judges Association which includes bi-monthly articles taken from the Judicial Conduct Reporter.
Courts test out cameras

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A global leader in serving libraries of all types, ProQuest LLC (“ProQuest”) supports the breadth of the information community with innovative discovery solutions that power the business of books and the best in research experience. More than a content provider or aggregator, ProQuest is an information partner, creating indispensable research solutions that connect people and information. Through innovative, user-centered discovery technology, ProQuest offers billions of pages of global content that includes historical newspapers, dissertations, and uniquely relevant resources for researchers of any age and sophistication—including content not likely to be digitized by others.
MBA launches campaign to save underfunded courts

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A global leader in serving libraries of all types, ProQuest LLC (“ProQuest”) supports the breadth of the information community with innovative discovery solutions that power the business of books and the best in research experience. More than a content provider or aggregator, ProQuest is an information partner, creating indispensable research solutions that connect people and information. Through innovative, user-centered discovery technology, ProQuest offers billions of pages of global content that includes historical newspapers, dissertations, and uniquely relevant resources for researchers of any age and sophistication—including content not likely to be digitized by others.
Federal judges, courtroom posters say "No" to social media

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The report stated that judges remind jurors on a regular basis not to use social media to communicate during trial or deliberations, explaining the reasons behind the ban on social media, and confiscating electronic devices in the courtroom.
A model biography of a model jurist

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No jurist has deserved a first-rate biography more than Elbert Parr Tuttle (1897-1996), who became a judge on the U.S. Court of Appeals for the Fifth Circuit in the Deep South in 1954 and who served as chief judge from 1960 to 1967, during the most turbulent years of the civil rights movement. In 1963, Tuttle provided critical support for the civil rights movement by overruling a district court judge's denial of a request by civil rights leaders for a temporary restraining order to prevent the Birmingham school district from expelling more than a thousand students for parading in support of civil rights without a permit.
NOTEWORTHY

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Sprecher exposes these details in his timely book, hoping readers will become educated and informed about the need to repair a damaged criminal justice system.
A Compendium of law relating to the electronic recording of custodial interrogations

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[...]the International Association of Chiefs of Police, the American Federation of Police and Concerned Citizens, the National District Attorneys Association (NDAA), and the American Bar Association, all advocate recording.9 Also listed are national organizations devoted to law, order and the rule of law, including the American Judicature Society, the American Law Institute, the American Civil Liberties Union, the Center for Policy Alternatives, the Constitution, Innocence, and Justice Projects, and the National Association of Criminal Defense Lawyers. Enumerated in Part 5 are articles and books, including those by leading authorities on criminal law and criminology, expanding on the benefits of recording to law enforcement, suspects and the community. Since it is my intention to make ongoing revisions, readers are requested to contact me with corrections or supplements to the information contained in the Compendium.
A Court's Remarkable Recovery From a Capital Case Crisis

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Built into the previous statistics and responsible in great measure for the crisis, the reader was asked to assume that: * Capital cases take two to six months to try due to the three phases of such cases: the guilty /not guilty phase, the aggravation phase and the penalty/sentencing phase. * With 240 work days per year, and 21 judges actually trying capital cases, the court could only try about 13 cases a year. Since the first article: * Experience has shown that capital cases take an average of approximately 41 days,9 including trial and pre-trial hearings; instead of each capital judge being available for capital matters 240 days per year, because of law and motion days, there are on the average 175 days available per judge per year. * Instead of 21 judges trying the cases, the court has dedicated six judges - about 25 percent of the judges assigned to the criminal bench - to handle capital cases; although judges other than the capital trial judges still try these cases, the majority are tried by the capital judges. * Given recent history, it is estimated that instead of 13 trials per year, if all six capital judges did nothing but try capital cases four days a week, the court could try 25 capital cases per year. Since July 2007, 183 capital cases have been resolved by the Maricopa County Superior Court and the parties, 47 by trial, and the rest by plea agreement or simply withdrawal of the death notice.
CAPITAL CASE CRISIS IN MARICOPA COUNTY, ARIZONA: A RESPONSE FROM THE DEFENSE

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Pointedly, a study by Arizona counsel in a recent death penalty case found the Maricopa County Attorney alleged 78 percent of capital cases were especially heinous, cruel or depraved; the same County Attorney also alleged that 23 percent of non-capital first degree murder cases were especially heinous, cruel or depraved.7 Because the statutory capital sentencing scheme in Arizona is so inclusive, it does not serve to narrow the class of murders that are death-eligible. According to thenMaricopa County Attorney Andrew Thomas, "Criminal defense attorneys do everything possible to delay..
Understanding the United States' incarceration rate

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The key question is: what has caused prison sentences in the U.S. in the last four decades to become - in the words of criminologist Michael Tonry - "far harsher than in any country to which the United States would ordinarily be compared"?6 The standard response is to blame politicians. [...]the Economist, after noting that the U.S. incarceration rate has quadrupled since 1970, explains that since then, ... the voters, alarmed at a surge in violent crime, have demanded fiercer sentences. On the contrary, they tend to get harder.7 Certainly, horrifying crimes have often led the public to demand tougher sentencing laws. [...]the killing of Jenna Grieshaber in New York by a parolee led to the passage of "Jenna's law," which requires that those convicted of violent offenses serve 85 percent of their maximum sentence before becoming eligible for parole.8 "Jessica's law," increased sentences for sex offenses in Florida (and inspired similar legislation in many other states) after a nine-year old was abducted, raped and killed in that state.9 Finally, the horrific murder of Polly Klaas, a twelveyear old dragged at knifepoint from a slumber party at her mother's home, paved the way in California for the passage of the so-called "three strikes" law in that state which mandated a life sentence upon a third conviction.10 But the Economist's explanation is ultimately incomplete.
Judicial Independence

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During oral argument about whether the Affordable Care Act is unconstitutionally coercive on the states, he asked whether there was "any chance that all 26 states opposing it have Republican governors, and all of the states supporting it have Democratic governors?" When told there was "a correlation," Justice Scalia triumphantly said, "Yes!" followed by laughter from the authence. The second was Judge Jerry Smith, a federal appeals court judge who was hearing another case involving the healthcare law. [...]as Yale law professor Akhil Reed Amar recently said, the country desperately needs a Supreme Court opinion in the healthcare cases that genuinely crosses party lines.
True transparency is overdue

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The Court remains steadfast in its refusal notwithstanding the monumental importance of the issues; that it is inconceivable the Court would tolerate any other governmental body denying access to public proceedings; that Congress has repeatedly threatened to mandate live broadcasts, possibly resulting in a constitutional showdown; and that all 50 states permit cameras and microphones in their courtrooms in at least some circumstances.
THE "ESSENTIAL FACILITIES" DOCTRINE IN THE SUNLIGHT: STACKING PATENTED GENETIC TRAITS IN AGRICULTURE

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The intersection between the fields of patent law and antitrust law has long been an area of controversy. One antitrust doctrine in particular is potentially important in the realm of synthetic genes: Under the essential facilities doctrine, a monopolist has a duty to provide competitors with reasonable access to 'essential facilities,' facilities under the monopolist's control and without which one cannot effectively compete in a given market. This note argues that the essential facilities doctrine should apply to synthetic gene patents; while the facts ultimately will determine the outcome of this particular case, the doctrine should be available to courts in order to create and maintain a thriving market for genetic traits having both innovation and consumer choice. Part I discusses the history and legal status of the "essential facilities" doctrine. Part II explores the applicability of the doctrine to patents, which remains in question. Finally, Part III argues that a patent on a synthetic gene should, under appropriate conditions, be considered an "essential facility" subject to compulsory licensing.
COPYRIGHT'S COMPILATION CONUNDRUM: MODERNIZING STATUTORY DAMAGE AWARDS FOR THE DIGITAL MUSIC MARKETPLACE

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This note argues that Congress should adopt an amendment to the Copyright Act that distinguishes between "collections" and "compilations" for the purpose of statutory damages. In order to avoid exacerbating the problem of already high statutory damages, the amendment should also clearly establish a three-tiered statutory-damage scheme that would cover innocent infringement, knowing infringement, and willful infringement for commercial advantage or private financial gain. Part I briefly traces the evolution of statutory damages for copyright infringement over the last hundred years. Part II analyzes the confusion surrounding the two opposing views that the federal courts currently take when interpreting the compilation clause and the problems that arise when assessing statutory damages awards for the infringement of digital sound recordings. Finally, Part III proposes a two-part statutory solution that is designed to add clarity and certainty in cases involving modern digital distribution methods, while recalibrating the maximum damages available according to different degrees of infringement. Such a system will hinder further increases in excessive awards against relatively innocent individuals.
ABUSIVE: DODD-FRANK SECTION 1031 AND THE CONTINUING STRUGGLE TO PROTECT CONSUMERS

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On Jul 21, 2011, the Consumer Financial Protection Bureau ("Bureau" or "CFPB") stood up and gazed over a fragmented and ineffective regulatory landscape. Originally proposed only in 2007, the Bureau was ushered into the US Code via Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act with remarkable speed in response to a remarkable crisis. What Congress's desire to protect consumers lacked in novelty was more than made up for by the unique and necessary powers granted to the Bureau to secure the dangerous wilderness of the consumer credit market. The crux of Congress's power grant lies in Section 1031. This note first contextualizes the need for Section 1031 by examining the roots and shortcomings of existing consumer protection law embodied in unfairness, deception, and unconscionability doctrines. Part II chronicles the enactment of Section 1031. Part III applies the enacted definition of "abusive" to several widespread practices in the consumer credit market, and urges the CFPB to adopt a broad interpretation of the term as consistent with Congress's longstanding intent to protect consumers.