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Articles 1 - 5 of 5
Full-Text Articles in Law
Two Cheers For A Tale Of Three Cities, David Yellen
Coordinating Sanctions For Corporate Misconduct: Civil Or Criminal Punishment, David Yellen, Carl J. Mayer
Coordinating Sanctions For Corporate Misconduct: Civil Or Criminal Punishment, David Yellen, Carl J. Mayer
Articles
No abstract provided.
An Asymmetrical Approach To The Problem Of Peremptories?, Richard D. Friedman
An Asymmetrical Approach To The Problem Of Peremptories?, Richard D. Friedman
Articles
The Supreme Court's decision in Batson v. Kentucky, and the extension of Batson to parties other than prosecutors, may be expected to put pressure on the institution of peremptory challenges. After a brief review of the history of peremptories, this article contends that peremptories for criminal defendants serve important values of our criminal justice system. It then argues that peremptories for prosecutors are not as important, and that it may no longer be worthwhile to maintain them in light of the administrative complexities inevitable in a system of peremptories consistent with Batson. The article concludes that the asymmetry of allowing …
Real Jurors' Understanding Of The Law In Real Cases, Alan Reifman, Spencer M. Gusick, Phoebe C. Ellsworth
Real Jurors' Understanding Of The Law In Real Cases, Alan Reifman, Spencer M. Gusick, Phoebe C. Ellsworth
Articles
A survey of 224 Michigan citizens called for jury duty over a 2-month period was conducted to assess the jurors' comprehension of the law they had been given in the judges' instructions. Citizens who served as jurors were compared with a base line of those who were called for duty but not selected to serve, and with those who served on different kinds of cases. Consistent with previous studies of mock jurors, this study found that actual jurors understand fewer than half of the instructions they receive at trial. Subjects who received judges' instructions performed significantly better than uninstructed subjects …
Standards Of Persuasion And The Distinction Between Fact And Law, Richard D. Friedman
Standards Of Persuasion And The Distinction Between Fact And Law, Richard D. Friedman
Articles
The invitation to respond in these pages to Gary Lawson's very interesting article, Proving the Law, was tempting enough. But what made it irresistible was Professor Lawson's comment that he is "addressing, with a brevity that borders on the irresponsible, subjects well beyond [his] depth." Now, that's the kind of debate I really like. Let me jump right in. A principal question raised by Lawson, which I find quite interesting, may be phrased in general, and purposefully ambiguous, terms as follows: Before an actor treats a proposition as a valid2 proposition of law, what standard of persuasion should that proposition …