authors simple

Question

Answer

What does Carp et al. say about the organization of state courts?

• Carp: 4 levels of state courts • State courts handle most cases

According to Carp et al., what is the courtroom work group and its main goals?

• Carp: judges + prosecutors + defenders • Goals: speed, cohesion, predictability

What unique features of the Vermont Constitution are noted in the sources?

• VT Constitution: 1777, short, abolished slavery, early universal male suffrage

How does the Vermont Constitution define judicial tenure?

• VT judges: governor appoints, 6-year renewable terms

What did Chief Justice Jeffrey Amestoy say about the Vermont Supreme Court's jurisdiction?

• Amestoy: Court must take all cases; no discretionary review

What did Chief Administrative Judge Francis McCaffrey note about the judicial culture and caseload in Vermont?

• McCaffrey: rise of pro se litigants • growth of therapeutic courts

What is Catherine Burgess's primary critique in her thesis on Drug Courts?

• Burgess: drug courts mix punishment + treatment • gendered expectations of “successful self”

What did Peter Hirschfeld report about the 2010 Vermont judiciary reform (Act 154)?

• Hirschfeld: unified courts • reduced assistant judge roles • probate consolidation

What did Peter Hirschfeld report regarding the Turner v. Shumlin case in 2017?

• Hirschfeld: governors can’t appoint for future vacancies

What were the main structural outcomes detailed in the Vermont Act 154 Summary?

• Act 154: unified Superior Court • five divisions under Supreme Court control

What issue did Sarah Mearhoff highlight regarding the current Vermont judiciary?

• Mearhoff: huge backlog • tech + staffing problems • speedy trial concerns

What did the former Wisconsin Supreme Court justices argue in the Geske-Butler piece?

• Geske & Butler: impeachment only for crimes/corruption • political threats undermine independence

What did Paul Heinz note about Justice Marilyn Skoglund's background and work ethic?

• Heinz: Skoglund—single mom, no law school, strong work ethic, poverty shaped perspective

What did Kevin T. McGuire conclude about lawyer experience in the U.S. Supreme Court?

• McGuire: more experienced lawyer = higher chance of winning

What phenomenon did Elizabeth Williamson highlight in 2025?

small firms banding together to fight against trump since big firms have sided with him

What did John McKay detail in "Train Wreck at the Justice Department"?

• McKay: 2006 U.S. Attorney firings were political and unusual

How did Karalunas piece contribute to course material?

• Effective summary of what came out of the watergate scandal 

• Nixon used DOJ to fire special prosecutor who was investigating him

• Then effort at good government reform

• Changing of norms DOJ should adhere to 

• Griffin bell– tried to set new tone

• DOJ should be independent!! Not working at the will of the president

What unique problem did Jennifer A. Serafyn raise about dismantling the civil rights unit?

• Serafyn: only DOJ can investigate some civil rights issues; dismantling leaves a gap

What concerns did Ben Penn raise about Tysen Duva's nomination?

• Penn: Duva lacks management experience; politically connected pick

According to Cassandra Burke Robertson, to whom do DOJ lawyers owe their highest loyalty?

• Robertson: DOJ lawyers’ top loyalty = Constitution + justice, not supervisors

What concepts did Robert Weisberg and Pam Karlan discuss about “weaponization of DOJ”?

• Weisberg & Karlan: selective prosecution • vindictive prosecution risks

What did Thomas W. Church conclude about plea bargaining?

• Church: driven by local legal culture, not caseloads

What constitutional issue did Edward Lazarus focus on in 2004?

• Lazarus: Federal Sentencing Guidelines raise constitutional concerns

How did Jeffrey Rosen describe Booker v. Washington?

• Rosen: “fancy footwork” making Guidelines advisory to avoid conflict with Congress

What distinction did Ramseyer & Rasmusen draw about U.S. litigiousness?

• R&R: normal in simple cases; more litigious in complex class actions

What is Stone & Colvin’s core finding on mandatory arbitration?

• Stone & Colvin: corporations gain repeat-player advantage; class actions blocked

scotus applying Federal arbitration act (1925) for corporate-to-individual issues has created a power imbalance

What distortion did Haltom & McCann identify in civil litigation media coverage?

• Haltom & McCann: media exaggerates plaintiff wins and sensational “tort tales”

How did Keehfus, Baker, and Bayuk discuss punitive damages limits?

Phillip Morris USA v. Williams
- letting a jury set sentence based on third party injury amounts to ‘taking property’ without due process
- but can be indirectly weighed as evidence as potential harm to general public