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Full-Text Articles in Law
A Defense Of Analogical Reasoning In Law, Emily Sherwin
A Defense Of Analogical Reasoning In Law, Emily Sherwin
Cornell Law Faculty Publications
This Article defends the practice of reasoning by analogy on the basis of its epistemic and institutional advantages. The advantages identified for analogical reasoning include that it produces a wealth of data for decisonmaking; it represents the collaborative effort of a number of judges over time; it tends to correct biases that might lead judges to discount the force of prior decisions; and it exerts a conservative force in law, holding the development of law to a gradual pace. Notably, these advantages do not depend on the rational force of analogical reasoning. Rather, the author contends that, as open-ended reasoning …
In Praise Of Justice Blackmun: (Corrected) Typos And All, Michael C. Dorf
In Praise Of Justice Blackmun: (Corrected) Typos And All, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
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
Cornell Law Faculty Publications
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 …