Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (36)
- Civil Procedure (15)
- Constitutional Law (15)
- Litigation (10)
- Criminal Procedure (8)
-
- Judges (5)
- Social and Behavioral Sciences (5)
- Courts (4)
- Legal Remedies (4)
- Law and Society (3)
- American Politics (2)
- Jurisprudence (2)
- Legal Studies (2)
- Political Science (2)
- Torts (2)
- Arts and Humanities (1)
- Civil Law (1)
- Civil Rights and Discrimination (1)
- Cognitive Psychology (1)
- Criminal Law (1)
- Criminology (1)
- Criminology and Criminal Justice (1)
- Education (1)
- Evidence (1)
- Insurance Law (1)
- Law and Philosophy (1)
- Law and Politics (1)
- Law and Psychology (1)
- Legal History (1)
- Other Languages, Societies, and Cultures (1)
- Institution
-
- William & Mary Law School (16)
- University of Michigan Law School (5)
- Selected Works (4)
- Cornell University Law School (3)
- Bowling Green State University (1)
-
- Case Western Reserve University School of Law (1)
- City University of New York (CUNY) (1)
- Northern Illinois University (1)
- Pepperdine University (1)
- Southern Methodist University (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of New Hampshire (1)
- University of Wollongong (1)
- Publication
-
- William & Mary Law Review (14)
- Jeffrey J. Rachlinski (3)
- Cornell Law Faculty Publications (2)
- Faculty Publications (2)
- Faculty Scholarship (2)
-
- Michigan Law Review (2)
- Articles (1)
- Book Chapters (1)
- Cornell Law Faculty Working Papers (1)
- Dissertations, Theses, and Capstone Projects (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Peer-Reviewed Publications (1)
- Faculty of Social Sciences - Papers (Archive) (1)
- Honors Projects (1)
- Pepperdine Law Review (1)
- Reviews (1)
- Scholarly Works (1)
- The University of New Hampshire Law Review (1)
- Valerie P. Hans (1)
- William & Mary Bill of Rights Journal (1)
- Publication Type
Articles 31 - 39 of 39
Full-Text Articles in Entire DC Network
The Death Of Inference, Andrew S. Pollis
The Death Of Inference, Andrew S. Pollis
Faculty Publications
This Article examines a disturbing trend in civil litigation: the demise of the jury’s historic prerogative to draw inferences from circumstantial evidence. Judges have arrogated to themselves the power to dismiss cases if they find the proffered inferenc
Juror Internet Misconduct: A Survey Of New Hampshire Superior Court Judges, Brooke Lovett Shilo
Juror Internet Misconduct: A Survey Of New Hampshire Superior Court Judges, Brooke Lovett Shilo
The University of New Hampshire Law Review
[Excerpt] “The Constitution guarantees criminal defendants the right to a fair trial before an impartial jury and the right to confront the evidence against them. When a juror improperly accesses the Internet during a criminal trial, the defendant is denied these constitutional rights. The problem of outside information entering the courtroom is as old as our judicial system. As early as 1907, Justice Holmes observed that, “The theory of our [criminal justice] system is that the conclusions to be reached in a case will be induced only by evidence and argument in open court, and not by any outside influence, …
The Use Of Citizens' Juries In Health Policy Decision-Making: A Systematic Review, Jackie M. Street, Katherine M. Duszynski, Stephanie Krawczyk, Annette J. Braunack-Mayer
The Use Of Citizens' Juries In Health Policy Decision-Making: A Systematic Review, Jackie M. Street, Katherine M. Duszynski, Stephanie Krawczyk, Annette J. Braunack-Mayer
Faculty of Social Sciences - Papers (Archive)
Deliberative inclusive approaches, such as citizen juries, have been used to engage citizens on a range of issues in health care and public health. Researchers engaging with the public to inform policy and practice have adapted the citizen jury method in a variety of ways. The nature and impact of these adaptations has not been evaluated.
We systematically searched Medline (PubMED), CINAHL and Scopus databases to identify deliberative inclusive methods, particularly citizens' juries and their adaptations, deployed in health research. Identified studies were evaluated focussing on principles associated with deliberative democracy: inclusivity, deliberation and active citizenship. We examined overall process, …
Juries And The Criminal Constitution, Meghan J. Ryan
Juries And The Criminal Constitution, Meghan J. Ryan
Faculty Journal Articles and Book Chapters
Judges are regularly deciding criminal constitutional issues based on changing societal values. For example, they are determining whether police officer conduct has violated society’s "reasonable expectations of privacy" under the Fourth Amendment and whether a criminal punishment fails to comport with the "evolving standards of decency that mark the progress of a maturing society" under the Eighth Amendment. Yet judges are not trained to assess societal values, nor do they, in assessing them, ordinarily consult data to determine what those values are. Instead, judges turn inward, to their own intuitions, morals, and values, to determine these matters. But judges’ internal …
Survey Of Illinois Law: Statutory Damage Exclusions, Jeffrey A. Parness
Survey Of Illinois Law: Statutory Damage Exclusions, Jeffrey A. Parness
Faculty Peer-Reviewed Publications
The Illinois General Assembly may limit damages for certain claims by setting caps or by recognizing exclusions for certain or all damages via no duty or immunity statutes. Caps have been successfully challenged on separation of powers grounds. Exclusions have traditionally been challenged on Illinois constitutional right to a remedy grounds, with early success in 1946 but with failures since 1958. The most recent failure occurred in the Second District in October, 2013 in Murphy v. Colson. Unfortunately, that ruling and its predecessors leave some continuing uncertainties about right to remedy constraints on statutory damage exclusions and even greater uncertainties …
Juries, Lay Judges, And Trials, Toby S. Goldbach, Valerie P. Hans
Juries, Lay Judges, And Trials, Toby S. Goldbach, Valerie P. Hans
Cornell Law Faculty Working Papers
“Juries, Lay Judges, and Trials” describes the widespread practice of including ordinary citizens as legal decision makers in the criminal trial. In some countries, lay persons serve as jurors and determine the guilt and occasionally the punishment of the accused. In others, citizens decide cases together with professional judges in mixed decision-making bodies. What is more, a number of countries have introduced or reintroduced systems employing juries or lay judges, often as part of comprehensive reform in emerging democracies. Becoming familiar with the job of the juror or lay citizen in a criminal trial is thus essential for understanding contemporary …
Tort As A Substitute For Revenge, Scott Hershovitz
Tort As A Substitute For Revenge, Scott Hershovitz
Book Chapters
In 1872, the Supreme Court of Illinois decided a case called Alcorn v Mitchell. It was not the first litigation between the parties. Some years earlier, Alcorn had sued Mitchell for trespass. That suit did not go well, and at the close of the trial, just after the court adjourned, Alcorn spit in Mitchell’s face. Mitchell then turned the tables and sued Alcorn for battery. He won a judgment for $1,000, which was a lot of money back then—depending on how you think about the change in value of money over time, the present day equivalent would range from just …
Juries And Social Media: Northwest Ohio's Response To This Phenomenon, Erica Lunderman
Juries And Social Media: Northwest Ohio's Response To This Phenomenon, Erica Lunderman
Honors Projects
The 21st century is an era in which the dependence on technology is at an all-time high. The availability of information on social networking sites has recently sparked a debate in regards to jury impartiality. Over the last few years states such as Florida, Michigan, and New York have received scholastic attention for making changes to local jury instructions to ensure defendant’s rights of an impartial jury guaranteed by the Sixth Amendment. Federal national jury instructions addressing juror social media usage has also drawn attention. Little, however, scholastic attention has been directed towards Northwest Ohio. This project will look …
What Jurors Want To Know: Motivating Juror Cognition To Increase Legal Knowledge & Improve Decisionmaking, Sara Gordon
What Jurors Want To Know: Motivating Juror Cognition To Increase Legal Knowledge & Improve Decisionmaking, Sara Gordon
Scholarly Works
What do jurors want to know? Jury research tells us that jurors want to understand the information they hear in a trial so they can reach the correct decision. But like all people, jurors who are asked to analyze information in a trial—even jurors who consciously want to reach a fair and accurate verdict—are unconsciously influenced by their internal goals and motivations. Some of these motives are specific to individual jurors; for instance, a potential juror with a financial interest in a case would be excluded from the jury pool. But other motivations, like the motive to understand the law …