Lexis Nexis Judicial Externships: The Clinic Inside the Courthouse
Cochran provides materials for classroom discussion, background reading, responses in journal entries, and as the starting point for more in-depth study or research on a topic.
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Subscribers are advised of the number of Updates that were made to the particular publication the prior year. The number of Updates may vary due to developments in the law and other publishing issues, but subscribers may use this as a rough estimate of future shipments. Subscribers may call Customer Support at 800-833-9844 for additional information.
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If subscribers cancel within 30 days after the product is ordered or received and return the product at their expense, then they will receive a full credit of the price for the annual subscription.
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Product description
Cochran provides materials for classroom discussion, background reading, responses in journal entries, and as the starting point for more in-depth study or research on a topic. Each chapter includes Reports directing students to look in two directions. The In Court Reports ask the externs to connect, as directly as possible, the chapter materials to the extern’s assigned court or to courts in the area. A new feature, the "Out of Court Reports" focus on the chapter materials themselves by asking how they relate to each other and what questions they raise about judges and judicial processes.
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Table of contents
Chapter One--The Role of the Judicial Clerk or Extern
A. Judicial Clerks
B. Historical Development
Foreword--Law Clerks: For Better or Worse?, J. Daniel Mahoney, 54 Brook. L. Rev. 321 (1988)
Notes
C. Qualifications and Selection
Clerkships
Notes
D. Responsibilities
Foreword--Law Clerks: For Better or Worse?, J. Daniel Mahoney, 54 Brook. L. Rev. 321 (1988)
Notes
E. Ethical Considerations
1. Confidentiality of Chambers
Some Ethical Considerations for Judicial Clerks, John Paul Jones, 4 Geo. J. Legal Ethics 771 (1991)
Notes
a. Public Comment on Court Proceedings
Model Code of Judicial Conduct, Canon 3B(9) (1990)
Code of Conduct for Judicial Employees (1995)
In re Corrugated Container Antitrust Litigation, 614 F.2d 958 (5th Cir. 1980)
Note
b. Judicial Privilege
In re Certain Complaints Under Investigation by an Investigating Committee of the Judicial Council of the Eleventh Circuit, 783 F.2d 1488 (11th Cir. 1986)
Notes
2. Conflict of Interests
a. Employment and Family Relations
Some Ethical Considerations for Judicial Clerks, John Paul Jones, 4 Geo. J. Legal Ethics 771 (1991)
Deyling v. Flowers, No. 39345 (8th Dist.), 1979 Ohio App. LEXIS 12242
Notes
Oliva v. Heller, 839 F.2d 37 (2d Cir. 1988)
Notes
Simonson v. General Motors Corporation, 425 F. Supp. 574 (E.D. Pa. 1976)
Notes
b. Former Clerks and Externs as Counsel
Fredonia Broadcasting Corp., Inc. v. RCA Corp., 569 F.2d 251 (5th Cir. 1978)
Smith v. Pepsico, Inc., 434 F. Supp. 524 (S.D. Fla. 1977)
Notes
3. Decisionmaking on the Record
Some Ethical Considerations for Judicial Clerks, John Paul Jones, 4 Geo. J. Legal Ethics 771 (1991)
Price Brothers Company v. Philadelphia Gear Corporation, 649 F.2d 416 (6th Cir. 1981)
Note
Exercise
Selected Bibliography
Appendix
A. The Clerk or Extern's Court within the Federal or State System
Structure of the Ohio Judicial System--1996
B. The Work of the Trial Court and the Appellate Court
Chapter Two--Crowded Courts: Limiting and Delegating Judicial Tasks
A. The Perceived "Litigation Explosion"
The Rising Work Load and Perceived "Bureaucracy" of the Federal Courts: A Causation-Based Approach to the Search for Appropriate Remedies, Harry T. Edwards, 68 Iowa L. Rev. 871 (1983)
Notes
B. The Big Case
In re Boise Cascade Securities Litigation, 420 F. Supp 99 (W.D. Wash. 1976)
Notes
C. Responses to the "Litigation Explosion"
1. More Courts, More Judges
2. Doctrinal Decisions
Tidewater Oil Co. v. United States, 409 U.S. 151 (1972)
3. Screening or Summary Disposition Procedures
Jones v. Superintendent, Virginia State Farm, 465 F.2d 1091 (4th Cir. 1972)
Notes
4. Limiting Opinion Publication
Federal Judicial Center Model Rule for Publication (1973)
Note
National Labor Relations Board v. Amalgamated Clothing Workers of America, 430 F.2d 966 (5th Cir. 1970)
Notes
5. Reducing Oral Arguments
United States Court of Appeals for the Fourth Circuit Rule 34(a)--Oral Argument; Pre-Argument Review and Summary Disposition of Appeals; Statement Regarding the Need for Oral Argument
Notes
6. Delegating Tasks
a. To Judicial Clerks
Foreword--Law Clerks: For Better or Worse?, J. Daniel Mahoney, 54 Brook. L. Rev. 321 (1988)
b. To Federal Court Magistrates and State Court Masters
Exercises
Selected Bibliography
Chapter Three--Judicial Opinions: Decisionmaking and Opinion Drafting
A. Overview
Passion for Justice, Martha Minow & Elizabeth V. Spelman, 10 Cardozo L. Rev. 37 (1988)
Notes
B. Collaborative or "Bureaucratic" Writing
Foreword--Law Clerks: For Better or Worse?, J. Daniel Mahoney, 54 Brook. L. Rev. 321 (1988)
The Use and Abuse of Humanistic Theory in Law: Reexamining the Assumptions of Interdisciplinary Legal Scholarship, Charles W. Collier, 41 Duke L.J. 191 (1991)
C. The Opinion Drafting Process
Foreword--Law Clerks: For Better or Worse?, J. Daniel Mahoney, 54 Brook. L. Rev. 321 (1988)
D. Public Perception
Parker v. Connors Steel Company, 855 F.2d 1510 (11th Cir. 1988)
Notes
E. The Elements of An Effective Opinion
Note: Concerned Readers a/k/a Lawyers, Law Students, and Legal Scholars, Plaintiffs/Petitioners vs. Judicial Opinion Writers a/k/a Judges and Judicial Clerks, Defendants/Respondents, No. 90-00001, University of Michigan Law School Journal of Law Reform Division, Argued October 30, 1989, Decided May 1, 1990
Notes
F. The Elements of Less Effective Opinion
United States v. DiFrancesco, 449 U.S. 117 (1980)
Notes
G. Humor in Judicial Opinions
Denny v. Radar Industries, Inc., 184 N.W.2d 289 (Mich. Ct. App. 1971)
Note
H. Writing by Committee: Clerks and Central Staff
Note
Exercises
Selected Bibliography
Chapter Four--The Judge as Docket Manager in an Adversarial System
A. Regulating Civil Discovery
1. Sample Document Request
Notes
2. Civil Discovery Reform in the 1990s
a. The Federal System
Rule 26. General Provisions Governing Discovery; Duty of Disclosure
Notes
b. The State System
Arizona Revised Statutes, Rule 26. General Provisions Governing Discovery; Rule 26.1 Prompt Disclosure of Information
Notes
B. Rocket Docket: Management vs. Litigants' Rights
Martel v. County of Los Angeles, 21 F.3d 940 (9th Cir. 1994)
C. Settlement Conferences
Federal Rule of Civil Procedure 16
Note
D. Arbitration
DDI Seamless Cylinder International, Inc. v. General Fire Extinguisher Corporation, 14 F.3d 1163 (7th Cir. 1994)
Notes
E. Summary Jury Trials
In re NLO, Inc., 5 F.3d 154 (6th Cir. 1993)
Notes
F. Technology in Docket Management
1. A State Court's Technology Plan
The Environment of the Idaho Courts in 2005
2. A Paperless Trial in Federal Court
United States v. Labovitz, No. CR 95-30022-MAP (D. Mass. July 24, 1996)
3. A CD-ROM Brief in Federal Court 180
Yukiyo, Ltd. v. Watanabe, 111 F.3d 883 (Fed. Cir. 1997)
Notes
G. Managing the Lawyers 183
Judicial Ethics: The Less-Often Asked Questions, Andrew L. Kaufman, 64 Wash. L. Rev. 851 (1989)
Notes
H. Managing Trials
Exercises
Selected Bibliography
Chapter Five--Judicial Qualifications, Selection, and Training
A. Qualifications
1. Non-Attorney Judges
2. A Judicial Resume
Note
Page's Ohio Revised Code Annotated
_ 2301.01 Courts of common pleas
_ 2301.02 Qualifications and term of judge, jurisdiction
_ 2503.01 Judges of supreme court
Notes
B. Selection and Election
Comment, Rethinking Judicial Elections, Kurt E. Scheuerman, 72 Or. L. Rev. 459 (1993)
Notes
C. Appointment
Newman v. Voinovich, 986 F.2d 159 (6th Cir. 1993)
Notes
D. The Results of the Judicial Selection Processes
Demographic Portrait of the Federal Judiciary
Women Judges Currently Serving on State Courts of Last Resort and Intermediate Appellate Courts
African-American Judges Currently Serving on State Courts of Last Resort and Intermediate Appellate Courts
Notes
E. Education and Training
Exercises
Selected Bibliography
Chapter Six--Judicial Ethics
A. Roots of Regulating Judicial Conduct
ABA Model Code of Judicial Conduct
B. Recusal: A Reasonable Question of Impartiality/p>
28 U.S.C. _ 4554. Disqualification of justice, judge, or magistrate
United States v. Murphy, 768 F.2d 1518 (7th Cir. 1985)
Notes
In re Complainant as to the Conduct of The Honorable Ronald D. Schenck, 870 P.2d 185 (Or. 1994)
Notes
Exercises
Selected Bibliography
Chapter Seven--Jurisprudence: Legal Philosophy in Action
A. Theories of Statutory Construction
Uniform Statute and Rule Construction Act (1993)
Commentary to Section 19
Exercises
B. Judicial Philosophy in Criminal Sentencing
Mistretta v. United States, 488 U.S. 361 (1989)
Note
The Sentencing Reform Act of 1984: A Practical Appraisal, Stanley A. Weigel, 36 UCLA L. Rev. 83 (1988)
Notes
Exercises
Selected Bibliography
