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Articles 1 - 21 of 21
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The Good, The Bad, And The Ugly: Drug Testing By Employers In Alaska, Mechelle Zarou
The Good, The Bad, And The Ugly: Drug Testing By Employers In Alaska, Mechelle Zarou
Alaska Law Review
No abstract provided.
Senate Trials And Factional Disputes: Impeachment As A Madisonian Device, Jonathan Turley
Senate Trials And Factional Disputes: Impeachment As A Madisonian Device, Jonathan Turley
Duke Law Journal
In this Article, Professor Turley addresses the use of impeachment, specifically the Senate trial, as a method of resolving factional disputes about an impeached official's legitimacy to remain in office. While the Madisonian democracy was designed to regulate factional pressures, academics and legislators often discuss impeachments as relatively static events focused solely on removal. Alternatively, impeachment is sometimes viewed as an extreme countermajoritarian measure used to "reverse" or "nullify" the popular election of a President. This Article advances a more dynamic view of the Senate trial as a Madisonian device to resolve factional disputes. This Article first discusses the history …
Decline Of The “Little Parliament”: Juries And Jury Reform In England And Wales, Sally Lloyd-Bostock, Cheryl Thomas
Decline Of The “Little Parliament”: Juries And Jury Reform In England And Wales, Sally Lloyd-Bostock, Cheryl Thomas
Law and Contemporary Problems
Lloyd-Bostock and Thomas take a historical look at the English jury and place the jury and jury reform in the context of the English legal and political system.
The Scottish Criminal Jury: A Very Peculiar Institution, Peter Duff
The Scottish Criminal Jury: A Very Peculiar Institution, Peter Duff
Law and Contemporary Problems
Duff describes and discusses the Scottish criminal jury. While the exact origins of the Scottish criminal jury are obscure, it is clear that it developed in tandem with, although in a different fashion from, its English counterpart.
Criminal Trial Juries In Australia: From Penal Colonies To A Federal Democracy, Michael Chesterman
Criminal Trial Juries In Australia: From Penal Colonies To A Federal Democracy, Michael Chesterman
Law and Contemporary Problems
The recent history of juries in Australia reveals an interesting clash between the endeavours of state and territory governments to reduce the costs associated with jury trial by various means and the determination of the High Court of Australia to reassert the traditional values and features of jury trial.
Europe’S New Jury Systems: The Cases Of Spain And Russia, Stephen C. Thaman
Europe’S New Jury Systems: The Cases Of Spain And Russia, Stephen C. Thaman
Law and Contemporary Problems
Thaman compares the provisions of the 1993 Russian Jury Law with the 1995 Spanish Jury Law, focusing on the effect of their implementation and reintroduction of the classic jury system on current problems.
Foreword, Neil Vidmar
“Guardian Of Civil Rights … Medieval Relic”: The Civil Jury In Canada, W. A. Bogart
“Guardian Of Civil Rights … Medieval Relic”: The Civil Jury In Canada, W. A. Bogart
Law and Contemporary Problems
Bogart offers some explanations of why Canadian civil juries exist only at the margins by examining the availability of civil juries, empirical evidence regarding their use and cost in Ontario Canada and academic and policy debates concerning their role.
Some Observations Along The Road To “National Information Power”, William Gravell
Some Observations Along The Road To “National Information Power”, William Gravell
Duke Journal of Comparative & International Law
No abstract provided.
The Critical Challenges From International High-Tech And Computer-Related Crime At The Millennium, Michael A. Sussmann
The Critical Challenges From International High-Tech And Computer-Related Crime At The Millennium, Michael A. Sussmann
Duke Journal of Comparative & International Law
No abstract provided.
The American Criminal Jury, Nancy Jean King
The American Criminal Jury, Nancy Jean King
Law and Contemporary Problems
King describes the American criminal jury, focusing on those aspects of the institution that distinguish it from juries in other parts of the world.
The New Zealand Jury, Neil Cameron, Susan Potter, Warren Young
The New Zealand Jury, Neil Cameron, Susan Potter, Warren Young
Law and Contemporary Problems
In New Zealand, the recent history of the jury has been one of fairly steady decline. This is particularly so of the civil jury, which has become virtually extinct with little realistic prospect of revival.
The Jury System In Contemporary Ireland: In The Shadow Of A Troubled Past, John D. Jackson, Katie Quinn, Tom O'Malley
The Jury System In Contemporary Ireland: In The Shadow Of A Troubled Past, John D. Jackson, Katie Quinn, Tom O'Malley
Law and Contemporary Problems
Jackson et al discuss the distinctive features of criminal trial by jury in Ireland, both north and south, to explain how the jury continues to survive within modern Ireland and how it also has managed to decline in significance.
Reviving The Criminal Jury In Japan, Lester W. Kiss
Reviving The Criminal Jury In Japan, Lester W. Kiss
Law and Contemporary Problems
Kiss analyzes whether the readoption of criminal jury trials in present-day Japan would be feasible from cultural, societal and legal viewpoints in light of Japan's prior experience with a jury system.
Prosecuting Race, Anthony V. Alfieri
Prosecuting Race, Anthony V. Alfieri
Duke Law Journal
Theoreticians and practitioners in the American criminal justice system increasingly debate the role of racial identity, racialized narratives, and race-neutral representation in law, lawyering, and ethics. This debate holds special bearing on the growing prosecution and defense of acts of racially motivated violence. In this continuing investigation of the prosecution and defense of such violence, Professor Alfieri examines the recent federal prosecution of five white New York City police officers charged with assaulting Abner Louima, a young male Haitian immigrant, in 1997. Professor Alfieri presents a raceconscious, community-oriented model of prosecutorial discretion guided by constitutional precepts, citizenship ideals, professionalism values, …
Semiotics, Analogical Legal Reasoning, And The Cf. Citation: Getting Our Signals Uncrossed, Ira P. Robbins
Semiotics, Analogical Legal Reasoning, And The Cf. Citation: Getting Our Signals Uncrossed, Ira P. Robbins
Duke Law Journal
The Bluebook's introductory citation signals are essential to effective legal discourse. The choice of signal can influence not only the interpretation of cited cases, but also the path of the law. In this Article, Professor Ira Robbins examines one commonly used signal: the cf. After exploring its semiotic function, he details the multitude of ways in which this signal has been used and misused. He argues that lawyers' and judges' careless use of the cf. leads to confusing and often incoherent developments in the law, and concludes by proposing a precise working definition for this irksome, but potentially powerful, citation …
Expert Testimony: Seeking An Appropriate Admissibility Standard For Behavioral Science In Child Sexual Abuse Prosecutions, Dara Loren Steele
Expert Testimony: Seeking An Appropriate Admissibility Standard For Behavioral Science In Child Sexual Abuse Prosecutions, Dara Loren Steele
Duke Law Journal
No abstract provided.
Why The Law Hates Speculators: Regulation And Private Ordering In The Market For Otc Derivatives, Lynn A. Stout
Why The Law Hates Speculators: Regulation And Private Ordering In The Market For Otc Derivatives, Lynn A. Stout
Duke Law Journal
A wide variety of statutory and common law doctrines in American law evidence hostility towards speculation. Conventional economic theory, however, generally views speculation as an efficient form of trading that shifts risk to those who can bear it most easily and improves the accuracy of market prices. This Article reconciles the apparent conflict between legal tradition and economic theory by explaining why some forms of speculative trading may be inefficient. It presents a heterogeneous expectations model of speculative trading that offers important insights into antispeculation laws in general, and the ongoing debate concerning over-the-counter (OTC) derivatives in particular. Although trading …
The Independent Counsel Statute And Questions About Its Future, Orrin G. Hatch
The Independent Counsel Statute And Questions About Its Future, Orrin G. Hatch
Law and Contemporary Problems
Despite the divergence of opinion regarding the Ethics in Government Act, it appears there is a growing public consensus that the Act is genuinely and seriously flawed. Whether these flaws can be corrected is in serious doubt.
The Independent Counsel Statute: An Idea Whose Time Has Passed, Herbert J. Miller Jr., John P. Elwood
The Independent Counsel Statute: An Idea Whose Time Has Passed, Herbert J. Miller Jr., John P. Elwood
Law and Contemporary Problems
No abstract provided.
Putting Law And Politics In The Right Places — Reforming The Independent Counsel Statute, Christopher H. Schroeder
Putting Law And Politics In The Right Places — Reforming The Independent Counsel Statute, Christopher H. Schroeder
Law and Contemporary Problems
The fundamental flaw in the independent counsel statute consists of its attempt to convert a political decision, the decision whether to refer to a case of public corruption to an investigator outside normal prosecutorial offices, into a legal one. When the Independent Counsel Reauthorization Act of 1994 expires on Jun 30, 1999, it should not be reenacted unless this flaw is eliminated.