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Articles 31 - 53 of 53
Full-Text Articles in Law
Bringing Jury Instructions Into The Twenty-First Century, Nancy S. Marder
Bringing Jury Instructions Into The Twenty-First Century, Nancy S. Marder
All Faculty Scholarship
No abstract provided.
Cyberjuries: A New Role As Online Mock Juries, Nancy S. Marder
Cyberjuries: A New Role As Online Mock Juries, Nancy S. Marder
All Faculty Scholarship
No abstract provided.
Introduction To Secrecy In Litigation (Symposium Editor), Nancy S. Marder
Introduction To Secrecy In Litigation (Symposium Editor), Nancy S. Marder
All Faculty Scholarship
No abstract provided.
Justice Stevens, The Peremptory Challenge, And The Jury (Symposium), Nancy S. Marder
Justice Stevens, The Peremptory Challenge, And The Jury (Symposium), Nancy S. Marder
All Faculty Scholarship
No abstract provided.
Deterrence And Implied Limits On Arbitral Power, Michael A. Scodro
Deterrence And Implied Limits On Arbitral Power, Michael A. Scodro
All Faculty Scholarship
No abstract provided.
The Medical Malpractice Debate: The Jury As Scapegoat (Symposium), Nancy S. Marder
The Medical Malpractice Debate: The Jury As Scapegoat (Symposium), Nancy S. Marder
All Faculty Scholarship
No abstract provided.
Introduction To The Jury At A Crossroad: The American Experience (Symposium Editor), Nancy S. Marder
Introduction To The Jury At A Crossroad: The American Experience (Symposium Editor), Nancy S. Marder
All Faculty Scholarship
No abstract provided.
Juries, Justice And Multiculturalism, Nancy S. Marder
Juries, Justice And Multiculturalism, Nancy S. Marder
All Faculty Scholarship
No abstract provided.
Juries, Drug Laws & Sentencing (Symposium), Nancy S. Marder
Juries, Drug Laws & Sentencing (Symposium), Nancy S. Marder
All Faculty Scholarship
No abstract provided.
After Steel Co.: 'Hypothetical Jurisdiction' In The Federal Appellate Courts, Joan E. Steinman
After Steel Co.: 'Hypothetical Jurisdiction' In The Federal Appellate Courts, Joan E. Steinman
All Faculty Scholarship
In Steel Co. v. Citizens for a Better Environment, the United States Supreme Court, sua sponte, denounced the doctrine of "hypothetical jurisdiction," a doctrine that, in some circumstances, allowed courts to assume, arguendo, the existence of jurisdiction and to address the merit questions presented by cases. Several of the Justices distanced themselves from the denunciation, however, and despite the vociferousness of the position taken by the majority, even it found that there were exceptional circumstances in which the Court had acted properly (and presumably in which other courts would act appropriately) in assuming jurisdiction arguendo and addressing merits questions. The …
Laidlaw: Redressing The Law Of Redressability, Harold J. Krent
Laidlaw: Redressing The Law Of Redressability, Harold J. Krent
All Faculty Scholarship
No abstract provided.
Juries And Technology: Equipping Jurors For The Twenty-First Century (Symposium), Nancy S. Marder
Juries And Technology: Equipping Jurors For The Twenty-First Century (Symposium), Nancy S. Marder
All Faculty Scholarship
No abstract provided.
Managing Punitive Damages: A Role For Mandatory "Limited Generosity" Classes And Anti-Suit Injunctions?, Joan E. Steinman
Managing Punitive Damages: A Role For Mandatory "Limited Generosity" Classes And Anti-Suit Injunctions?, Joan E. Steinman
All Faculty Scholarship
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
The Interplay Of Race And False Claims Of Jury Nullification, Nancy S. Marder
All Faculty Scholarship
No abstract provided.
The Myth Of The Nullifying Jury, Nancy S. Marder
The Myth Of The Nullifying Jury, Nancy S. Marder
All Faculty Scholarship
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 …
Juries And Damages: A Commentary, Nancy S. Marder
Juries And Damages: A Commentary, Nancy S. Marder
All Faculty Scholarship
No abstract provided.
Deliberations And Disclosures: A Study Of Post-Verdict Interviews Of Jurors, Nancy S. Marder
Deliberations And Disclosures: A Study Of Post-Verdict Interviews Of Jurors, Nancy S. Marder
All Faculty Scholarship
No abstract provided.
A Wigmorian Defense Of Feminist Methods, Katharine K. Baker
A Wigmorian Defense Of Feminist Methods, Katharine K. Baker
Katharine K. Baker
No abstract provided.
The Puzzling Boundary Between Criminal And Civil Retroactive Lawmaking, Harold J. Krent
The Puzzling Boundary Between Criminal And Civil Retroactive Lawmaking, Harold J. Krent
All Faculty Scholarship
No abstract provided.
Beyond Gender: Peremptory Challenges And The Roles Of The Jury, Nancy S. Marder
Beyond Gender: Peremptory Challenges And The Roles Of The Jury, Nancy S. Marder
All Faculty Scholarship
No abstract provided.
Consorting With The Forests: Rethinking Our Relationships To Natural Resources And How We Should Value Their Loss, Katharine K. Baker
Consorting With The Forests: Rethinking Our Relationships To Natural Resources And How We Should Value Their Loss, Katharine K. Baker
Katharine K. Baker
Section I of this article defines the contours of the natural resource damage cause of action by explaining who sues, on whose behalf they sue, and for what they sue. It is in this section that I take issue with the environmentalists' claim that trees should have standing and the economists' claim that the right at stake is a property right. Section II explores the nature of the human connection to the environment, how that connection is affected by natural resource damage loss, and why it is legitimate to compensate for the loss of that connection. Analysis of the subjective …
Federalism And Supremacy: Control Of State Judicial Decision-Making, Margaret G. Stewart
Federalism And Supremacy: Control Of State Judicial Decision-Making, Margaret G. Stewart
All Faculty Scholarship
No abstract provided.
Gender Dynamics And Jury Deliberations (Student Note), Nancy S. Marder
Gender Dynamics And Jury Deliberations (Student Note), Nancy S. Marder
All Faculty Scholarship
No abstract provided.