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Articles 1 - 5 of 5
Full-Text Articles in Law
The Future Of Classwide Punitive Damages, Catherine M. Sharkey
The Future Of Classwide Punitive Damages, Catherine M. Sharkey
University of Michigan Journal of Law Reform
Conventional wisdom holds that the punitive damages class action is susceptiblenot only to doctrinal restraints imposed on class actions but also to constitutionaldue process limitations placed on punitive damages. Thus, it would seem that theprospects for punitive damages classes are even grimmer than for class actionsgenerally.This conventional picture misunderstands the role of punitive damages and, inparticular, the relationship between class actions and punitive damages. It eitherignores or underestimates the distinctly societal element of punitive damages, whichmakes them especially conducive to aggregate treatment. Furthermore, punitivedamages classes offer a solution to the constitutional due process problem of juriesawarding "classwide" damages in a …
To Impeach Or Not To Impeach: The Stability Of Juror Verdicts In Federal Courts, Paul Jeffrey Wallin
To Impeach Or Not To Impeach: The Stability Of Juror Verdicts In Federal Courts, Paul Jeffrey Wallin
Pepperdine Law Review
No abstract provided.
Holmes And The Common Law: A Jury's Duty, Matthew P. Cline
Holmes And The Common Law: A Jury's Duty, Matthew P. Cline
Matthew P Cline
The notion of a small group of peers whose responsibility it is to play a part in determining the outcome of a trial is central to the common conception of the American legal system. Memorialized in the Constitution of the United States as a fundamental right, and in the national consciousness as the proud, if begrudged, duty of all citizens, juries are often discussed, but perhaps not always understood. Whatever misunderstandings have come to be, certainly many of them sprang from the juxtaposition of jury and judge. Why do we have both? How are their responsibilities divided? Who truly decides …
Booth V. Maryland, Insights Into The Contemporary Challenges To Judging, Joan M. Shaughnessy
Booth V. Maryland, Insights Into The Contemporary Challenges To Judging, Joan M. Shaughnessy
Joan M. Shaughnessy
No abstract provided.
E-Jurors: A View From The Bench, Hon. Antoinette Plogstedt
E-Jurors: A View From The Bench, Hon. Antoinette Plogstedt
Cleveland State Law Review
This Article provides a comparative analysis of foreign jury systems and reviews the history of juries. The Article then explores emerging technology and its effect upon electronic juror misconduct. It further identifies juror misconduct resulting from innovative technology. The Article assesses solutions initiated in various U.S. state and federal jurisdictions. The Article reviews the role of more active juries, which incorporate note taking and jury notebooks. The Article analyzes the process of juror questioning and pre-deliberation juror discussions. The Article evaluates initiatives developed in various jurisdictions to deter juror misconduct by confiscating cell phones and improving jury instructions. Finally, this …