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Articles 31 - 60 of 139
Full-Text Articles in Law
Anarquismo Judicial E Segurança Jurídica, Ivo T. Gico Jr.
Anarquismo Judicial E Segurança Jurídica, Ivo T. Gico Jr.
Ivo Teixeira Gico Jr.
A partir de uma interpretação da segurança jurídica como uma forma de capital, o capital jurídico, explora-se as consequências sociais da ausência de mecanismos de coordenação entre magistrados para a formação e manutenção de jurisprudência, em especial, o anarquismo judicial. Utilizando-se um modelo agente-principal, demonstra-se que os magistrados brasileiros não possuem incentivos e mecanismos suficientes para investir em capital jurídico e uniformizar regras jurídicas. A insegurança jurídica resultante gera incentivos para a sobreutilização dos tribunais, resultando no problema endêmico de congestionamento.
A Call For An Overhaul Of The U.S. Federal Court System, Huhnkie Lee
A Call For An Overhaul Of The U.S. Federal Court System, Huhnkie Lee
Huhnkie Lee
No abstract provided.
A New International Human Rights Court For West Africa: The Ecowas Community Court Of Justice, Karen J. Alter, Laurence R. Helfer, Jacqueline R. Mcallister
A New International Human Rights Court For West Africa: The Ecowas Community Court Of Justice, Karen J. Alter, Laurence R. Helfer, Jacqueline R. Mcallister
Jacqueline McAllister
The ECOWAS Community Court of Justice (ECCJ) is an increasingly active and bold international adjudicator of human rights violations in West Africa. Since acquiring jurisdiction over human rights issues in 2005, the ECCJ has issued several path-breaking judgments, including against the Gambia for the torture of journalists, against Niger for condoning modern forms of slavery, and against Nigeria for failing to regulate the multinational oil companies that polluted the Niger Delta. This article explains why ECOWAS member states authorized the ECCJ to review human rights suits by individuals but did not allow private actors to complain about violations of regional …
An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez
An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez
Miguel Martínez
The purpose of this paper is to analyze the legal framework governing banking foundations as they have been regulated by Spanish Act 26/2013, of December 27th, on savings banks and banking foundations. Title 2 of this regulation addresses a construct that is groundbreaking for the Spanish legal system, still of paramount importance for the entire financial system insofar as these foundations become the leading players behind certain banking institutions given the high interest that foundations hold in the share capital of such institutions.
Perceptions Of Civil Justice: The Litigation Crisis Attitudes Of Civil Jurors, Valerie P. Hans, William S. Lofquist
Perceptions Of Civil Justice: The Litigation Crisis Attitudes Of Civil Jurors, Valerie P. Hans, William S. Lofquist
Valerie P. Hans
Public perceptions that the civil justice system is in crisis are apparently widespread, but little is known about the causes or correlates of such views. This article analyzes the litigation crisis attitudes of a sample of civil jurors. Like the public, jurors endorsed a number of statements suggesting that there is a litigation crisis. Factor analysis identified two independent components: general concern over excessive litigation, and criticism of the civil jury. Litigation crisis views were found in all demographic and attitudinal subgroups. However, attitudes about the civil justice system were related to the respondent's political efficacy, claims consciousness, belief in …
Deliberation And Dissent: 12 Angry Men Versus The Empirical Reality Of Juries, Valerie P. Hans
Deliberation And Dissent: 12 Angry Men Versus The Empirical Reality Of Juries, Valerie P. Hans
Valerie P. Hans
This article contrasts the cinematic portrayal of jury deliberation in 12 Angry Men with an empirical portrait of real world juries derived from fifty years of jury research. The messages of this iconic movie converge with the findings of research studies in some surprising ways. During the course of the movie's deliberation, the different perspectives of the movie's jurors emerge as important contributors to the jury's fact finding, reinforcing the empirical finding that diversity among jurors produces robust deliberation and superior decision making. 12 Angry Men also illustrates both the importance of majority opinions and the power of dissenters under …
Cameras In The Courts: Can We Trust The Research?, Dan Slater, Valerie P. Hans
Cameras In The Courts: Can We Trust The Research?, Dan Slater, Valerie P. Hans
Valerie P. Hans
In several recent court cases, television viewers throughout the nation were able to see excerpts of actual trial testimony on network newscasts. These opportunities for camera coverage have come about as a result of the U.S. Supreme Court's 1981 decision in Chandler v. Florida. In that case the Court ruled that each state was free to determine whether to permit "extended media coverage," including camera coverage, in its courts, and to set appropriate guidelines for such coverage. Before adopting permanent rules for camera coverage, most states have conducted one year tests — which they have called "experiments" — during which …
Section 12 Of The Canada Evidence Act And The Deliberations Of Simulated Juries, Valerie P. Hans, Anthony N. Doob
Section 12 Of The Canada Evidence Act And The Deliberations Of Simulated Juries, Valerie P. Hans, Anthony N. Doob
Valerie P. Hans
In the past, there have been three major approaches to the experimental investigation of the jury. First, juror selection research involves the study of the relation between verdicts or leniency toward certain classes of defendants and the characteristics of potential jurors. The second class of research is group study, in which the amount and style of individual participation is observed within the context of simulated jury deliberations (e.g., Strodtbeck, James and Hawkins, 1957). Finally, experimental psychology has made another contribution to the study of the jury; numerous researchers have conducted experimental studies employing legal stimulus materials. Typically, in such a …
The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The View Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula Hannaford-Agor, G. Thomas Munsterman
The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The View Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula Hannaford-Agor, G. Thomas Munsterman
Valerie P. Hans
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 the theoretical, legal, and policy issues raised by this reform and presents the early results of a field 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 judges …
To Dollars From Sense: Qualitative To Quantitative Translation In Jury Damage Awards, Valerie P. Hans, Valerie F. Reyna
To Dollars From Sense: Qualitative To Quantitative Translation In Jury Damage Awards, Valerie P. Hans, Valerie F. Reyna
Valerie P. Hans
This article offers a new multistage account of jury damage award decision making. Drawing on psychological and economic research on judgment, decision making, and numeracy, the model posits that jurors first make a categorical gist judgment that money damages are warranted, and then make an ordinal gist judgment ranking the damages deserved as low, medium, or high. They then construct numbers that fit the gist of the appropriate magnitude. The article employs data from jury decision-making research to explore the plausibility of the model.
What's Half A Lung Worth? Civil Jurors' Accounts Of Their Award Decision Making, Nicole L. Mott, Valerie P. Hans, Lindsay Simpson
What's Half A Lung Worth? Civil Jurors' Accounts Of Their Award Decision Making, Nicole L. Mott, Valerie P. Hans, Lindsay Simpson
Valerie P. Hans
Jury awards are often criticized as being arbitrary and excessive. This paper speaks to that controversy, reporting data from interviews with civil jurors' accounts of the strategies that juries use and the factors that they consider in arriving at a collective award. Jurors reported difficulty in deciding on awards, describing it as "the hardest part" of jury service and were surprised the court did not provide more guidance to them. Relatively few jurors entered the jury deliberation room with a specified award figure in mind. Once in the deliberation room, however, they reported discussing a variety of relevant factors such …
Law And The Media: An Overview And Introduction, Valerie P. Hans
Law And The Media: An Overview And Introduction, Valerie P. Hans
Valerie P. Hans
Although occasional articles on law and the media have been published in Law and Human Behavior, this special issue is the first collection of articles on the topic to appear in the journal. By publishing some of the most recent work on issues in law and the media, we hope to draw the attention of psycholegal scholars to questions in this fertile research area that deserve theoretical and empirical study. Law and the media have become inescapably intertwined. Because a relatively small proportion of the public has direct experience with the justice system, public knowledge and views of law and …
Methodological Issues In The Evaluation Of "Experiments" With Cameras In The Courts, Dan Slater, Valerie P. Hans
Methodological Issues In The Evaluation Of "Experiments" With Cameras In The Courts, Dan Slater, Valerie P. Hans
Valerie P. Hans
Evaluations of "experiments" of extended media coverage of the courts, i.e., cameras in the courts, have relied upon survey research. The authors argue that such evaluations have been inadequate and future evaluations need to compare conventional media coverage vs. extended media coverage using field experimental research designs.
Japan's New Lay Judge System: Deliberative Democracy In Action?, Zachary Corey, Valerie P. Hans
Japan's New Lay Judge System: Deliberative Democracy In Action?, Zachary Corey, Valerie P. Hans
Valerie P. Hans
No abstract provided.
U.S. Jury Reform: The Active Jury And The Adversarial Ideal, Valerie P. Hans
U.S. Jury Reform: The Active Jury And The Adversarial Ideal, Valerie P. Hans
Valerie P. Hans
In many countries, lay people participate as decision makers in legal cases. Some countries include their citizens in the justice system as lay judges or jurors, who assess cases independently. The legal systems of other nations combine lay and law-trained judges who decide cases together in mixed tribunals. The International Conference on Lay Participation in the Criminal Trial in the 21st Century provided useful contrasts among different methods of incorporating lay voices into criminal justice systems worldwide. Systems with inquisitorial methods are more likely to employ mixed courts, whereas adversarial systems more often use juries. Research presented at the Conference …
Faces Of Open Courts And The Civil Right To Counsel, 37 U. Balt. L. Rev. 21 (2007), Steven D. Schwinn
Faces Of Open Courts And The Civil Right To Counsel, 37 U. Balt. L. Rev. 21 (2007), Steven D. Schwinn
Steven D. Schwinn
No abstract provided.
Trade Adjustment Assistance At The U.S. Court Of International Trade: The Year In Review, 41 Geo. J. Int'l L. 137 (2009), Steven D. Schwinn
Trade Adjustment Assistance At The U.S. Court Of International Trade: The Year In Review, 41 Geo. J. Int'l L. 137 (2009), Steven D. Schwinn
Steven D. Schwinn
No abstract provided.
The Role Of Courts In The Debate On Assisted Suicide: A Communitarian Approach, 9 Notre Dame J.L. Ethics & Pub. Pol'y 367 (1995), Donald L. Beschle
The Role Of Courts In The Debate On Assisted Suicide: A Communitarian Approach, 9 Notre Dame J.L. Ethics & Pub. Pol'y 367 (1995), Donald L. Beschle
Donald L. Beschle
No abstract provided.
The First Amendment In The Seventh Circuit: 2002, 36 J. Marshall L. Rev. 807 (2003), Donald L. Beschle
The First Amendment In The Seventh Circuit: 2002, 36 J. Marshall L. Rev. 807 (2003), Donald L. Beschle
Donald L. Beschle
No abstract provided.
Preparation And Presentation Of The Oral Argument In A Court Of Review, 13 New Eng. L. Rev. 265 (1977), Michael Closen, Marc Ginsberg
Preparation And Presentation Of The Oral Argument In A Court Of Review, 13 New Eng. L. Rev. 265 (1977), Michael Closen, Marc Ginsberg
Marc D. Ginsberg
No abstract provided.
Informed Consent: No Longer Just What The Doctor Ordered - The Contributions Of Medical Associations And Courts To A More Patient Friendly Doctrine, 15 Mich. St. U. J. Med. & L. 17 (2010), Marc Ginsberg
Marc D. Ginsberg
No abstract provided.
What’S Law Got To Do With It? Confronting Judicial Nullification Of Domestic Violence Remedies, 10 Nw. J. L. & Soc. Pol'y. 130 (2015), Debra Pogrund Stark
What’S Law Got To Do With It? Confronting Judicial Nullification Of Domestic Violence Remedies, 10 Nw. J. L. & Soc. Pol'y. 130 (2015), Debra Pogrund Stark
Debra Pogrund Stark
In 1982, the Illinois legislature passed the Illinois Domestic Violence Act (the Act) and most recently passed an updated version in 2012. This Article examines how the specialized domestic violence courthouse in Chicago implements these laws. Where the courthouse falls short, this Article will explore why, what can be done, and consider implications for other jurisdictions seeking to implement similar resources for survivors of domestic violence. The results from this empirical study are mixed. On the positive side, the data reflect that judges are properly applying many important aspects of the new order of protection laws and granting a high …
Navigating Residential Attorney Approvals: Finding A Better Judicial North Star, 39 J. Marshall L. Rev. 171 (2006), Debra Pogrund Stark
Navigating Residential Attorney Approvals: Finding A Better Judicial North Star, 39 J. Marshall L. Rev. 171 (2006), Debra Pogrund Stark
Debra Pogrund Stark
No abstract provided.
Foreword, 37 J. Marshall L. Rev. 317 (2004), Samuel R. Olken
Foreword, 37 J. Marshall L. Rev. 317 (2004), Samuel R. Olken
Samuel R. Olken
No abstract provided.
Session I: The Legacy Of Justice Arthur Goldberg, 29 J. Marshall J. Computer & Info. L. 285 (2012), Samuel R. Olken, Gerald Berendt, Gilbert A. Cornfield, Gilbert Feldman, David Stebenne, Milton I. Shadur
Session I: The Legacy Of Justice Arthur Goldberg, 29 J. Marshall J. Computer & Info. L. 285 (2012), Samuel R. Olken, Gerald Berendt, Gilbert A. Cornfield, Gilbert Feldman, David Stebenne, Milton I. Shadur
Samuel R. Olken
No abstract provided.
Justice George Sutherland And Economic Liberty: Constitutional Conservatism And The Problem Of Factions, 6 Wm. & Mary Bill Rts. J. 1 (1997), Samuel R. Olken
Justice George Sutherland And Economic Liberty: Constitutional Conservatism And The Problem Of Factions, 6 Wm. & Mary Bill Rts. J. 1 (1997), Samuel R. Olken
Samuel R. Olken
Most scholars have viewed Justice George Sutherland as a conservative jurist who opposed government regulation because of his adherence to laissez-faire economics and Social Darwinism, or because of his devotion to natural rights. In this Article, Professor Olken analyzes these widely held misperceptions of Justice Sutherland's economic liberty jurisprudence, which was based not on socio-economic theory, but on historical experience and common law. Justice Sutherland, consistent with the judicial conservatism of the Lochner era, wanted to protect individual rights from the whims of political factions and changing democratic majorities. The Lochner era differentiation between government regulations enacted for the public …
The Ironies Of Marbury V. Madison And John Marshall's Judicial Statesmanship, 37 J. Marshall L. Rev. 391 (2004), Samuel R. Olken
The Ironies Of Marbury V. Madison And John Marshall's Judicial Statesmanship, 37 J. Marshall L. Rev. 391 (2004), Samuel R. Olken
Samuel R. Olken
No abstract provided.
The Business Of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy Of Justice George Sutherland, 10 Wm. & Mary Bill Rts. J. 249 (2002), Samuel R. Olken
Samuel R. Olken
In The Business of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy of Justice George Sutherland, Samuel Olken traces the dichotomy that emerged in constitutional law in the aftermath of the Lochner era between economic liberty and freedom of expression. During the 1930s, while a deeply divided United States Supreme Court adopted a laissez faire approach to economic regulation, it viewed with great suspicion laws that restricted the manner and content of expression. During this period, Justice George Sutherland often clashed with the majority consistently insisting that state regulation of private economic rights bear a close and …
Chief Justice John Marshall And The Course Of American Constitutional History, 33 J. Marshall L. Rev. 743 (2000), Samuel R. Olken
Chief Justice John Marshall And The Course Of American Constitutional History, 33 J. Marshall L. Rev. 743 (2000), Samuel R. Olken
Samuel R. Olken
No abstract provided.
Chief Justice John Marshall In Historical Perspective, 31 J. Marshall L. Rev. 137 (1997), Samuel R. Olken
Chief Justice John Marshall In Historical Perspective, 31 J. Marshall L. Rev. 137 (1997), Samuel R. Olken
Samuel R. Olken
No abstract provided.