Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 24 of 24
Full-Text Articles in Law
Following Oregon’S Trail: Implementing Automatic Voter Registration To Provide For Improved Jury Representation In The United States, Julie A. Cascino
Following Oregon’S Trail: Implementing Automatic Voter Registration To Provide For Improved Jury Representation In The United States, Julie A. Cascino
William & Mary Law Review
No abstract provided.
Group Agency And Legal Proof; Or, Why The Jury Is An “It”, Michael S. Pardo
Group Agency And Legal Proof; Or, Why The Jury Is An “It”, Michael S. Pardo
William & Mary Law Review
Jurors decide whether certain facts have been proven according to the applicable legal standards. What is the relationship between the jury, as a collective decision-making body, on one hand, and the views of individual jurors, on the other? Is the jury merely the sum total of the individual views of its members? Or do juries possess properties and characteristics of agency (for example, beliefs, knowledge, preferences, intentions, plans, and actions) that are in some sense distinct from those of its members? This Article explores these questions and defends a conception of the jury as a group agent with agency that …
Fiduciary Principles And The Jury, Ethan J. Leib, Michael Serota, David L. Ponet
Fiduciary Principles And The Jury, Ethan J. Leib, Michael Serota, David L. Ponet
William & Mary Law Review
This Essay argues that because jurors exercise state authority with wide discretion over the legal and practical interests of other citizens, and because citizens repose trust and remain vulnerable to jury and juror decisions, juries and jurors share important similarities with traditional fiduciary actors such as doctors, lawyers, and corporate directors and boards. The paradigmatic fiduciary duties—those of loyalty and care—therefore provide useful benchmarks for evaluating and guiding jurors in their decisionmaking role. A sui generis public fiduciary duty of deliberative engagement also has applications in considering the obligations of jurors. This framework confirms much of what we know about …
The Jury And Participatory Democracy, Alexandra D. Lahav
The Jury And Participatory Democracy, Alexandra D. Lahav
William & Mary Law Review
No abstract provided.
Blackstone's Curse: The Fall Of The Criminal, Civil, And Grand Juries And The Rise Of The Executive, The Legislature, The Judiciary, And The States, Suja A. Thomas
William & Mary Law Review
No abstract provided.
Introduction: The Civil Jury As A Political Institution, Jason M. Solomon, Paula Hannaford-Agor
Introduction: The Civil Jury As A Political Institution, Jason M. Solomon, Paula Hannaford-Agor
William & Mary Law Review
No abstract provided.
Jury Ignorance And Political Ignorance, Ilya Somin
Jury Ignorance And Political Ignorance, Ilya Somin
William & Mary Law Review
No abstract provided.
What's It Worth? Jury Damage Awards As Community Judgments, Valerie P. Hans
What's It Worth? Jury Damage Awards As Community Judgments, Valerie P. Hans
William & Mary Law Review
No abstract provided.
Diversity And The Civil Jury, Christina S. Carbone, Victoria C. Plaut
Diversity And The Civil Jury, Christina S. Carbone, Victoria C. Plaut
William & Mary Law Review
No abstract provided.
Opening Remarks, Akhil Reed Amar
The Jury As A Political Institution: An Internal Perspective, Robert P. Burns
The Jury As A Political Institution: An Internal Perspective, Robert P. Burns
William & Mary Law Review
In this Essay, I will briefly describe some of the more obvious ways in which the jury has been considered a political institution. I will then discuss the senses in which we can understand the term “political” in the context of the American jury trial. I will describe the senses in which Hannah Arendt, perhaps the most important political philosopher of the twentieth century, tried to distinguish between “the political” and the “the legal” and the limitations of any such distinction. I will then turn to the heart of this Essay, a description of the ways in which the American …
Embedded Experts On Real Juries: A Delicate Balance, Shari Seidman Diamond, Mary R. Rose, Beth Murphy
Embedded Experts On Real Juries: A Delicate Balance, Shari Seidman Diamond, Mary R. Rose, Beth Murphy
William & Mary Law Review
“Experts” appear in the modern American courtroom on the jury as well as in the witness box, posing a dilemma for the legal system by offering a potentially valuable resource and an uncontrolled source of influence. Courts give ambiguous guidance to jurors on how they should handle their expertise in the deliberation room. On the one hand, jurors are told that they should “decide what the facts are from the evidence presented here in court.” By direct implication, then, jurors should not use outside information to evaluate the evidence. Jurors are also told, however, that they should “consider all of …
Juries As Regulators Of Last Resort, Stephan Landsman
Juries As Regulators Of Last Resort, Stephan Landsman
William & Mary Law Review
No abstract provided.
Political Decision Making By Informed Juries, William E. Nelson
Political Decision Making By Informed Juries, William E. Nelson
William & Mary Law Review
No abstract provided.
An Exploration Of "Noneconomic" Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar
An Exploration Of "Noneconomic" Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar
William & Mary Law Review
No abstract provided.
Restoring The Civil Jury's Role In The Structure Of Our Government, Sheldon Whitehouse
Restoring The Civil Jury's Role In The Structure Of Our Government, Sheldon Whitehouse
William & Mary Law Review
No abstract provided.
The Transformation Of The American Civil Trial: The Silent Judge, Renée Lettow Lerner
The Transformation Of The American Civil Trial: The Silent Judge, Renée Lettow Lerner
William & Mary Law Review
No abstract provided.
Religion-Plus-Speech: The Constitutionality Of Juror Oaths And Affirmations Under The First Amendment, Jonathan Belcher
Religion-Plus-Speech: The Constitutionality Of Juror Oaths And Affirmations Under The First Amendment, Jonathan Belcher
William & Mary Law Review
No abstract provided.
Stripped Down Like A Runner Or Enriched By Experience: Bias And Impartiality Of Judges And Jurors, Martha Minow
Stripped Down Like A Runner Or Enriched By Experience: Bias And Impartiality Of Judges And Jurors, Martha Minow
William & Mary Law Review
No abstract provided.
Judge Versus Jury: Who Should Decide Questions Of Preliminary Facts Conditioning The Admissibility Of Scientific Evidence?, Edward J. Imwinkelried
Judge Versus Jury: Who Should Decide Questions Of Preliminary Facts Conditioning The Admissibility Of Scientific Evidence?, Edward J. Imwinkelried
William & Mary Law Review
No abstract provided.
Scientific Evidence And The Question Of Judicial Capacity, John W. Wesley
Scientific Evidence And The Question Of Judicial Capacity, John W. Wesley
William & Mary Law Review
No abstract provided.
Statistical Studies Of The Costs Of Six-Man Versus Twelve-Man Juries, William R. Pabst Jr.
Statistical Studies Of The Costs Of Six-Man Versus Twelve-Man Juries, William R. Pabst Jr.
William & Mary Law Review
No abstract provided.
Judicial Protection Of The Criminal Defendant Against Adverse Press Coverage, John E. Stanga Jr.
Judicial Protection Of The Criminal Defendant Against Adverse Press Coverage, John E. Stanga Jr.
William & Mary Law Review
No abstract provided.
The Development Of The Right Of Assembly - A Current Socio-Legal Investigation, George P. Smith Ii
The Development Of The Right Of Assembly - A Current Socio-Legal Investigation, George P. Smith Ii
William & Mary Law Review
No abstract provided.