Digital Commons Network^™

The Role Of "Stories" In Civil Jury Judgments, Reid Hastie

University of Michigan Journal of Law Reform

A brief review of psychological theories of juror decision making is followed by an introduction to "explanation-based" theories of judgment. Prior empirical studies of explanation-based processes in juror decision making are then reviewed. An original empirical study of jurors' judgments concerning liability for punitive damages is presented to illustrate the explanation-based approach to civil decisions.

The Rise And Fall Of Affirmative Action Injury Selection, Avern Cohn, David R. Sherwood

University of Michigan Journal of Law Reform

The U.S. District Court for the Eastern District of Michigan has historically experienced difficulty in achieving jury compositions that truly represented the surrounding community. In response, the Authors share their insight as to how the court instituted a "balancing" program. By reducing the number of white names in the jury wheel, the balancing program successfully incorporated more minorities into the jury system. The Authors further discuss the Sixth Circuit decision, United States v. Ovalle, which marked the end of the balancing program.

The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The Views Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula L. Hannaford, G. Thomas Munslerman

University of Michigan Journal of Law Reform

In 1995, the Arizona Supreme Court reformed the jury trial process by allowing civil jurors to discuss the evidence presented during trial prior to their formal deliberations. This Article examines and evaluates the theoretical, legal, and policy issues raised by this reform and presents the early results of afield experiment that tested the impact of trial discussions. Jurors, judges, attorneys, and litigants in civil jury trials in Arizona were questioned regarding their observations, experiences, and reactions during trial as well as what they perceived to be the benefits and drawback of juror discussions. The data revealed that the majority of …

The Interplay Of Race And False Claims Of Jury Nullification, Nancy S. Marder

University of Michigan Journal of Law Reform

After the verdicts in the OJ Simpson and Stacey Koon/Laurence Powell cases, many in the press explained the juries' acquittals as instances of jury nullification. However these were unlikely to have been instances of nullification, particularly because the jurors explained that their verdicts were based on reasonable doubt. One motivation for these false claims of jury nullification was the homogeneity of the juries-a largely African-American jury in the case of Simpson and a largely white jury in the case of Koon/Powell. Nullification became the term by which press and public attempted to discredit verdicts rendered by juries they distrusted. A …

When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan

University of Michigan Journal of Law Reform

A central precept of death penalty jurisprudence is that only the "death worthy" should be condemned, based on a "reasoned moral response" by the sentencing authority. Over the past decade, however, the Supreme Court has distanced itself from its painstaking efforts in the 1970s to calibrate death decision making in the name of fairness. Compelling proof of this shift is manifest in the Court's decisions to permit victim impact evidence in capital trials, and to allow jurors to be instructed that sympathy for capital defendants is not to influence capital decisions. This Article examines a novel strategy now being employed …

What Money Cannot Buy: A Legislative Response To C.Rac.K., Adam B. Wolf

University of Michigan Journal of Law Reform

Children Requiring a Caring Kommunity (C.R.A.C.K.) is an organization that pays current or former drug addicts $200 to be sterilized. While generating great public controversy, C.R.A.C.K. is expanding rapidly throughout the country. Its clients are disproportionately poor women of color, who are coerced by the offer of money into permanently relinquishing their reproductive rights. This Note argues that C.R.A.C.K. is a program of eugenical sterilization that cannot be tolerated. Moreover, C.R.A.C.K. further violates settled national public policy by offensively commodifying the ill-commodifiable, by demeaning women, and by starting down a slippery slope with devastating consequences. This Note proposes legislation that …

An Essay On Teaching Professional Responsibility, L. Ray Patterson

Northern Illinois University Law Review

There is, I argue, need for a new approach to teaching law students how to become professionally responsible lawyers. The core problem in teaching the professional responsibility course is that it is a course in lawyer's law that treats only the ethical rules and ignores the fact that procedural and malpractice rules are also relevant. If, however, the professional responsibility course becomes a course in lawyer's law, it follows that it must encompass rules of procedure, rules of malpractice, and rules of ethics (which should be identified as what they are, rules of discipline). There is, however, a development that …

What Does Frieda Yoder Believe?, Emily Buss

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Children And The Child Welfare System, Richard J. Gelles, Ira Schwartz

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

The Juvenile Court's Next Century - Getting Past The I11-Founded Talk Of Abolition, Gary L. Crippen

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

An Emerging Right For Mature Minors To Receive Information, Catherine J. Ross

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Let's Make Lawyers Happy: Advocating Mandatory Pro Bono, Donald Patrick Harris

Northern Illinois University Law Review

Proponents of mandatory pro bono argue that lawyers have an obligation to provide free services because, among other things, the practice of law is a profession. Proponents further argue that mandatory pro bono is justified because lawyers enjoy a "monopoly" of the legal system, and with that monopoly comes an obligation to provide public service. Additionally, they argue there is a strong tradition of providing public service suggesting continued commitment to pro bono service and an attorney has a moral obligation to see that those already handicapped do not suffer the cumulative disadvantage of being without proper legal representation. Opponents …

The Role Of Suspicion In Federal Equal Protection, Paul E. Mcgreal

William & Mary Bill of Rights Journal

Recently, Professor Jed Rubenfeld wrote an essay arguing that the Supreme Court's strict scrutiny test for equal protection works best to "smoke out" the purpose of laws to determine whether they were enacted because of racial bias or preference. Professor Rubenfeld criticized the Court's most recent affirmative action decision in Adarand Constructors, Inc. v. Pena for departing from this "smoking out" approach.

In this Essay, Professor McGreal explores how this "smoking out" process is applied in federal equal protection cases. Counter to Professor Rubenfeld's view, he argues that the Supreme Court did use a "smoking out" approach in Adarand. His …

Jury Trials In The Heartland, Stephen E. Chappelear

University of Michigan Journal of Law Reform

In this Article, Stephen Chappelear draws on his study of civil jury trials in the Franklin County Court of Common Pleas in Columbus, Ohio. He concludes that trial by jury results in justice. Despite the popular belief that juries are modern day Robin Hoods, empirical data suggests that their verdicts are lower than commonly believed.

Financing Plaintiffs' Lawsuits: An Increasingly Popular (And Legal) Business, Susan Lorde Martin

University of Michigan Journal of Law Reform

In the late eighties and early nineties there were a few publicized cases in which the plaintiffs invited investors to finance their litigation in exchange for a share of the awards if the plaintiffs won. This kind of arrangement provides access to the justice system which might otherwise be denied impecunious plaintiffs with meritorious claims. The problem with this kind of arrangement is that it is champerty, which is prohibited in most states. This Article discusses Massachusetts' recent rejection of the champerty prohibition, the expansion of exceptions to the prohibition in this country and others, and the emergence of firms …

Past Sexual Conduct In Sexual Harassment Cases, Lisa Dowlen Linton

Chicago-Kent Law Review

No abstract provided.

Equity Holders' Liability For Limited Liabilities Companies' Unrecoverable Debts—Reflections On Piercing The Corporate Veil Under German Law, Bernd Singhof

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Israel Rejects Its Own Offspring: The International Criminal Court, Ayelet Levy

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Sentencing Juveniles For Murder In France And The United States: Are They Juveniles Who Commit Adult Crimes Or Adult Criminals Who Are Juveniles, Jennifer A. Zepeda

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Constitutionalization Of Children's Rights: Incorporating Emerging Human Rights Into Constitutional Doctrine, Barbara Bennett Woodhouse

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Closing The Campus Gates - Keeping Criminals Away From The University - The Story Of Student-Athlete Violence And Avoiding Institutional Liability For The Good Of All, Thomas N. Sweeney

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Antitrust Law - Salary Cap - An Athletic Association Regulation That Limits The Salary Of Coaches Is An Unreasonable Restraint On The Free Market And Cannot Be Justified On The Grounds That It Promotes Competition - Law V. Ncaa, 134 F.3d 1010 (10th Cir. 1998)., Thomas Rowland

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis

William & Mary Law Review

No abstract provided.

The Danger Of Value-Laden Investigation In Child Sexual Abuse Cases: Are Defendants' Constitutional Rights Violated When Mental Health Professionals Offer Testimony Based On Children's Hearsay Statements And Behaviors?, Lynne Celander Desarbo

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Out Of Bounds: How Sexual Abuse Of Athletes At The Hands Of Their Coaches Is Costing The World Of Sports Millions, Danielle Deak

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Current And Proposed Federal Regulation Of Professional Boxing, Jonathan S. Mcelroy

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Protection In The United States For “Famous Marks”: The Federal Trademark Dilution Act Revisited, Edward E. Vassallo, Maryanne Dickey

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Jurisdiction, Choice Of Law, Copyright, And The Internet: Protection Against Framing In An International Setting, Kai Burmeister

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Table Of Contents - Issue 1, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Introduction: The Body, Economic Power And Social Control: Introduction, Dorothy Nelkin, Lori B. Andrews

Chicago-Kent Law Review

No abstract provided.