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Articles 1 - 8 of 8
Full-Text Articles in Law
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
Retroactivity Of New Rules Of Constitutional Law: Why The Supreme Court Should Have Overturned Warren Summerlin's Unconstitutional Death Sentence, Sarah R. Green
William & Mary Bill of Rights Journal
No abstract provided.
Summerlin V. Stewart And Ring Retroactivity, Tonya G. Newman
Summerlin V. Stewart And Ring Retroactivity, Tonya G. Newman
Chicago-Kent Law Review
The Sixth Amendment guarantees criminal defendants a trial before a jury. Until the Supreme Court decided Ring v. Arizona, however, nine states wholly or partially surrendered a portion of the jury's role to a sentencing judge. Specifically, those states allowed sentencing judges to make factual determinations regarding sentencing considerations by which capital defendants became eligible for the death penalty. The Ring Court halted the use of sentencing considerations to erode the jury's fundamental role in preserving accuracy and fairness of criminal proceedings, holding that the Sixth Amendment requires that a jury make factual findings on all elements, including sentencing …
A Behavioral Analysis Of Private Judging, Christopher R. Drahozal
A Behavioral Analysis Of Private Judging, Christopher R. Drahozal
Law and Contemporary Problems
Businesses cite arbitration as a way to avoid aberrant jury verdicts, implicitly if not explicitly assuming that arbitrators make "better" decisions than juries. By contrast, consumer advocates criticize arbitration as a way for businesses to avoid paying damages to deserving claimants, effectively assuming that juries make better decisions than arbitrators. These conflicting perspectives pose an important question in the debate over predispute arbitration clauses in consumer contracts: How do decisions by arbitrators compare to decisions by juries?
Processing Civil Rights Summary Judgment And Consumer Discrimination Claims, Deseriee A. Kennedy
Processing Civil Rights Summary Judgment And Consumer Discrimination Claims, Deseriee A. Kennedy
Scholarly Works
No abstract provided.
Instruct The Jury: Crane's "Serious Difficulty" Requirement And Due Process, Kenneth W. Gaines
Instruct The Jury: Crane's "Serious Difficulty" Requirement And Due Process, Kenneth W. Gaines
South Carolina Law Review
No abstract provided.
The Dilution Effect: Federalization, Fair Cross-Sections, And The Concept Of Community, Laura Gaston Dooley
The Dilution Effect: Federalization, Fair Cross-Sections, And The Concept Of Community, Laura Gaston Dooley
Law Faculty Publications
No abstract provided.
A Principled Approach To The Quest For Racial Diversity On The Judiciary, Kevin R. Johnson, Luis Fuentes-Rohwer
A Principled Approach To The Quest For Racial Diversity On The Judiciary, Kevin R. Johnson, Luis Fuentes-Rohwer
Michigan Journal of Race and Law
Part I of this Article considers the different voices and perspectives added to the judiciary by the appointment of minorities. Part II analyzes the many impacts of diversity on the bench, including greater judicial impartiality. Part III sets forth the arguments supporting a diverse jury pool and discusses how they inform the analysis of the quest for racial diversity among judges. Part IV outlines a principled approach to the pursuit of judicial diversity.