Digital Commons Network^™

Race, Class, And Legal Ethics In The Early Naacp (1910-1920), Susan D. Carle

Susan D. Carle

Has The Supreme Court Sounded The Death Knell For Jury Assessed Punitive Damages? A Critical Re-Examination Of The American Jury, Lisa Litwiller

Lisa Litwiller

LAST TERM, the United States Supreme Court drastically altered the balance of power between judge and jury, and the legal community barely noticed. Although Cooper Industries, Inc. v. Leatherman Tool Group, Inc. is remarkable for what it does overtly - it changes the standard of review in punitive damages cases from an abuse of discretion review to de novo review; it is even more remarkable for what it does covertly - it arguably takes the right to assess punitive damages in the first instance entirely out of the hands of the jury. According to the Court, [u]nlike the measure of …

Burdine V. Johnson -- To Sleep, Perchance To Get A New Trial: Presumed Prejudice Arising From Sleeping Counsel, James M. Donovan

James M. Donovan

Few images slice as deeply into our self-image as a fair society than that of a defendant on trial for his very life depending upon the services of an attorney who naps throughout the proceedings. Although this scenario is not new, the courts have yet to resolve definitively how they should respond to a defendant burdened with snoozing counsel. This note discusses the outcome of the latest attempt. UPDATE: While a conscious lawyer is presumably a requirement of due process, some jurisdictions make no similar demand that judges remain awake: see http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2007/273.html

Juries And Technology: Equipping Jurors For The Twenty-First Century (Symposium), Nancy S. Marder

Nancy S. Marder

No abstract provided.

Managing Punitive Damages: A Role For Mandatory "Limited Generosity" Classes And Anti-Suit Injunctions?, Joan E. Steinman

Joan E. Steinman

In this Article, I consider whether "limited generosity" classes may be used to determine a defendant's entire liability for punitive damages arising from a defined course of conduct. The goals of such a class action would include adequately punishing and deterring the defendant, keeping the defendant's liability within state-mandated and constitutional limits, and facilitating equitable distribution of the damages among injured plaintiffs. The Article describes the legal limits on punitive damages liability that states have established and that the Supreme Court has held substantive due process to impose, and then carefully examines whether such limits constitute a predicate for mandatory …

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

Nancy S. Marder

No abstract provided.

The Myth Of The Nullifying Jury, Nancy S. Marder

Nancy S. Marder

Jury nullification, an issue that has received much public attention, has been used loosely to describe verdicts with which members of the press and public disagree. One aim of this article is to explain what nullification is and to identify and describe three different situations in which nullification is likely to arise. Another aim is to offer two conceptions of the jury before assessing whether nullification is helpful or harmful to the judicial system. One conception, "a conventional view," largely held by judges, regards the jury as a fact-finding body and little more. My own conception, which I have labeled …

Judicialization And The Construction Of Governance, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

Juries And Damages: A Commentary, Nancy S. Marder

Nancy S. Marder

No abstract provided.

Deliberations And Disclosures: A Study Of Post-Verdict Interviews Of Jurors, Nancy S. Marder

Nancy S. Marder

No abstract provided.

Beyond Gender: Peremptory Challenges And The Roles Of The Jury, Nancy S. Marder

Nancy S. Marder

No abstract provided.

Judicial Selection In The People’S Democratic Republic Of Pennsylvania: Here The People Rule?, Harry L. Witte

Harry L Witte

No abstract provided.

The Fast Food Of Modern Legal Realism (Reviewing Richard Neely, Judicial Jeopardy: When Business Collides With The Courts (1986)), Robert C. Power

Robert C Power

No abstract provided.

Gender Dynamics And Jury Deliberations (Student Note), Nancy S. Marder

Nancy S. Marder

No abstract provided.

The Figure In The Judicial Carpet: Images Of Family And State In Supreme Court Opinions, Laura K. Ray

Laura K. Ray

No abstract provided.

Attempting The Impossible: The Emerging Consensus, Ira P. Robbins

Ira P. Robbins

Limits On Legislative Court Judicial Power: The Need For Balancing Competing Interests, Kenneth T. Kristl

Kenneth T Kristl

No abstract provided.