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It can't be a good omen for Missouri's court system when the first bipartisan agreement of the 2012 legislative session, which officially opens Wednesday, is that six state judges skirted the law. Last year, the once-a-decade process of redrawing the state's legislative districts fell, as it almost always does, to a group of appellate judges. Lawmakers say the resulting maps created unwieldy districts and were drawn in closed-door meetings, leading to accusations that the Appellate Apportionment Commission violated the state's Sunshine law.
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In the letter, Cooper described his failed attempts to get the Yellowstone County commissioners to change the name of Squaw Creek Road, which runs through where both men own property. For a Montana representative, with no military service, to lie with malicious anger and declare me a criminal in the military, a mental patient and 'not an ordinary member of society' and to have his false statements heard on the House floor, in the Montana Capitol, and broadcast throughout Montana is unfair.
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The Colorado Supreme Court on Tuesday rejected a map of newly drawn state legislative districts, saying too many counties were split under the new map. The court's 4-2 decision sends the map back to the Colorado Reapportionment Commission, which must draw a new map and resubmit it to the court by Dec. 6.
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A study of decisions on statutory interpretation by the US Supreme Court during the 1996 term reveals judicial policy was guided by a common law originalism and not an originalist textualism. Originalist textualism disfavors legislative history as a principle of interpretation and concentrates on textual content rather than legislative intent. Academic literature has argued the Court favors originalist textualism, but the study indicates the Court utilized legislative history. The Court also considered common law features such as other statutes, judicial precedent, and policy in formulating decisions.
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On its face, the asbestos case seems a quintessential example of the obstacles to enacting major tort reform in the United States, even when judges repeatedly ask for legislative relief and tort law is demonstrably costly and inconsistent. However, a closer look reveak that, since the early 1980s, judges and lawyers have been implementing "court-based tort reform": the creative use of existing rules and procedures to alter the litigation process. Understanding this institutional capacity, in turn, broadens leading conceptions of the landscape of American tort reform in terms of both the possibilities for change and the politics of change.
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There has been a recent upsurge of interest among legal and social science scholars in analyzing judicial reasoning from an empirical perspective. Examining how the justices use legislative history to support their decisions offers insights for lower courts and attorneys as they consider legislative history arguments in future cases. Here, Brudney and Ditslear explore the Court's reasoning techniques, specifically it's reliance on various interpretive resources to help the majority reach its result.
