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Full-Text Articles in Law

Amicus Brief, Lebron V. Gottlieb Memorial Hospital, Neil Vidmar, Tom Baker, Ralph L. Brill, Martha Chamallas, Stephen Daniels, Thomas A. Eaton, Theodore Eisenberg, Neal R. Feigenson, Lucinda M. Finley, Marc Galanter, Valerie P. Hans, Michael Heise, Edward J. Kionka, Thomas H. Koenig, Herbert M. Kritzer, David I. Levine, Nancy S. Marder, Joanne Martin, Frank M. Mcclellan, Deborah Jones Merritt, Philip G. Peters, Jr., James T. Richardson, Charles Silver, Richard W. Wright Jun 2018

Amicus Brief, Lebron V. Gottlieb Memorial Hospital, Neil Vidmar, Tom Baker, Ralph L. Brill, Martha Chamallas, Stephen Daniels, Thomas A. Eaton, Theodore Eisenberg, Neal R. Feigenson, Lucinda M. Finley, Marc Galanter, Valerie P. Hans, Michael Heise, Edward J. Kionka, Thomas H. Koenig, Herbert M. Kritzer, David I. Levine, Nancy S. Marder, Joanne Martin, Frank M. Mcclellan, Deborah Jones Merritt, Philip G. Peters, Jr., James T. Richardson, Charles Silver, Richard W. Wright

Nancy S. Marder

Illinois Public Act 82-280, § 2-1706.5, as amended by P.A. 94-677, § 330 (eff. Aug. 25, 2005), and as codified as 735 ILCS 5/2-1706.5(a), imposes a $500,000 “cap” on the noneconomic damages that may be awarded in a medical malpractice suit against a physician or other health care professional, and a $1 million “cap” on the noneconomic damages that may be awarded against a hospital, its affiliates, or their employees.

This brief will address two of the questions presented for review by the parties:

1. Does the cap violate the Illinois Constitution’s prohibition on “special legislation,” Art. IV, § 3, …


Expanding The Jury: A Provocative Proposal (Reviewing Laura Appleman, Defending The Jury: Crime, Community, And The Constitution (2015)) (Forthcoming), Nancy Marder Dec 2015

Expanding The Jury: A Provocative Proposal (Reviewing Laura Appleman, Defending The Jury: Crime, Community, And The Constitution (2015)) (Forthcoming), Nancy Marder

Nancy S. Marder

Expanding the Jury: A Provocative Proposal, ___ Criminal Justice Ethics ___ (forthcoming 2016) (reviewing Laura Appleman, Defending the Jury: Crime, Community, and the Constitution (2015)).


The Supreme Court’S Transparency: Myth Or Reality?, Nancy S. Marder Dec 2015

The Supreme Court’S Transparency: Myth Or Reality?, Nancy S. Marder

Nancy S. Marder

The Supreme Court’s Transparency: Myth or Reality?, 32 Georgia State University Law Review 849 (2016).


Justice Stevens And His Clerks, Nancy Marder Dec 2014

Justice Stevens And His Clerks, Nancy Marder

Nancy S. Marder

No abstract provided.


Jury Instructions Written For Jurors: A Perennial Challenge, Nancy Marder Dec 2014

Jury Instructions Written For Jurors: A Perennial Challenge, Nancy Marder

Nancy S. Marder

No abstract provided.


Juries And Mixed Tribunals Across The Globe: New Developments, Common Challenges And Future Directions, Nancy S. Marder Dec 2014

Juries And Mixed Tribunals Across The Globe: New Developments, Common Challenges And Future Directions, Nancy S. Marder

Nancy S. Marder

No abstract provided.


Juror Bias, Voir Dire, And The Judge-Jury Relationship (Symposium), Nancy S. Marder Dec 2014

Juror Bias, Voir Dire, And The Judge-Jury Relationship (Symposium), Nancy S. Marder

Nancy S. Marder

No abstract provided.


Introduction To Juries And Lay Participation: American Perspectives And Global Trends (Symposium Editor), Nancy S. Marder, Valerie P. Hans Dec 2014

Introduction To Juries And Lay Participation: American Perspectives And Global Trends (Symposium Editor), Nancy S. Marder, Valerie P. Hans

Nancy S. Marder

No abstract provided.


Jurors And Social Media: Is A Fair Trial Still Possible?, Nancy Marder Dec 2013

Jurors And Social Media: Is A Fair Trial Still Possible?, Nancy Marder

Nancy S. Marder

No abstract provided.


Jurors And Juries, Nancy Marder Dec 2013

Jurors And Juries, Nancy Marder

Nancy S. Marder

No abstract provided.


Book Review, Daniel Givelber & Amy Farrell, Not Guilty: Are The Acquitted Innocent?, Nancy Marder Dec 2012

Book Review, Daniel Givelber & Amy Farrell, Not Guilty: Are The Acquitted Innocent?, Nancy Marder

Nancy S. Marder

No abstract provided.


The Court And The Visual: Images And Artifacts In U.S. Supreme Court Opinions, 88 Chicago-Kent Law Review 331 (2013) (Symposium)., Nancy S. Marder Dec 2012

The Court And The Visual: Images And Artifacts In U.S. Supreme Court Opinions, 88 Chicago-Kent Law Review 331 (2013) (Symposium)., Nancy S. Marder

Nancy S. Marder

No abstract provided.


The Changing Composition Of The American Jury, Nancy S. Marder Dec 2012

The Changing Composition Of The American Jury, Nancy S. Marder

Nancy S. Marder

No abstract provided.


Instructing The Jury, Nancy Marder Dec 2011

Instructing The Jury, Nancy Marder

Nancy S. Marder

No abstract provided.


Judging Reality Television Judges, Nancy Marder Dec 2011

Judging Reality Television Judges, Nancy Marder

Nancy S. Marder

No abstract provided.


A Dignified, Inside Look At The Supreme Court--And More Than A Few Surprises (2012) (Reviewing John Paul Stevens, Five Chiefs: A Supreme Court Memoir (2011)), Nancy Marder Dec 2011

A Dignified, Inside Look At The Supreme Court--And More Than A Few Surprises (2012) (Reviewing John Paul Stevens, Five Chiefs: A Supreme Court Memoir (2011)), Nancy Marder

Nancy S. Marder

No abstract provided.


Excerpts From Introduction To The Jury At A Crossroad: The American Experience And Introduction To The 50th Anniversary Of 12 Angry Men, Nancy Marder Dec 2011

Excerpts From Introduction To The Jury At A Crossroad: The American Experience And Introduction To The 50th Anniversary Of 12 Angry Men, Nancy Marder

Nancy S. Marder

No abstract provided.


Batson Revisited (Symposium), Nancy S. Marder Dec 2011

Batson Revisited (Symposium), Nancy S. Marder

Nancy S. Marder

The twenty-fifth anniversary of Batson v. Kentucky provides an important moment to reflect on Batson and to consider how this seminal case and its progeny have affected the use and abuse of peremptory challenges. I had initially welcomed the U.S. Supreme Court’s approach to peremptory challenges in Batson back in 1986. Although Batson was a compromise—preserving peremptories while seeking to address discriminatory peremptories—it had the noble goal of trying to eliminate discrimination during jury selection. I also embraced its expansion over the years. The logic of Batson was inexorable: just as prosecutors should not be permitted to use peremptories to …


The Conundrum Of Cameras In The Courtroom, Nancy S. Marder Dec 2011

The Conundrum Of Cameras In The Courtroom, Nancy S. Marder

Nancy S. Marder

In spite of a communications revolution that has given the public access to new media in new places, the revolution has been stopped cold at the steps to the U.S. federal courthouse. The question whether to allow television cameras in federal courtrooms has aroused strong passions on both sides, and Congress keeps threatening to settle the debate and permit cameras in federal courts. Proponents of cameras in federal courtrooms focus mainly on the need to educate the public and to make judges accountable, whereas opponents focus predominantly on the ways in which cameras can affect participants’ behavior and compromise the …


An Introduction To Comparative Jury Systems (Symposium Editor), Nancy S. Marder Dec 2010

An Introduction To Comparative Jury Systems (Symposium Editor), Nancy S. Marder

Nancy S. Marder

The jury is experiencing a renaissance worldwide. Countries that have never had a jury system, or have had one in the past, have turned to citizens to decide criminal cases. Countries, especially those that aspire to be more democratic, have begun to recognize the importance of having ordinary citizens participate in the criminal justice system. Meanwhile, countries with a longstanding jury tradition continue to maintain that tradition. As some countries consider how best to introduce the jury, or some variation of it such as a mixed court of laypersons and professional judges, and other countries consider how best to improve …


Justice Stevens' Jurisprudence Of Respect, Nancy S. Marder Dec 2010

Justice Stevens' Jurisprudence Of Respect, Nancy S. Marder

Nancy S. Marder

No abstract provided.


Two Weeks At The Old Bailey: Jury Lessons From England (Symposium Editor), Nancy S. Marder Dec 2010

Two Weeks At The Old Bailey: Jury Lessons From England (Symposium Editor), Nancy S. Marder

Nancy S. Marder

As deeply-rooted as the jury is in the United States, it is not beyond improvement. There is no better starting place for ideas than England, which provided the model for our jury system. To learn firsthand about current jury practices in England, I spent two weeks observing criminal jury trials at the Old Bailey in London. My goal was to examine jury practices at the Old Bailey and to consider which ones could work well in the United States. I observed some jury practices that I thought we should adopt immediately, and others that would work well in the long …


Meeting Justice Stevens, 94 Judicature 34 (2010) (Reviewing Bill Barnhart & Gene Schlickman, John Paul Stevens: An Independent Life (2010))., Nancy Marder Dec 2009

Meeting Justice Stevens, 94 Judicature 34 (2010) (Reviewing Bill Barnhart & Gene Schlickman, John Paul Stevens: An Independent Life (2010))., Nancy Marder

Nancy S. Marder

No abstract provided.


Book Review (Reviewing William Domnarski, Federal Judges Revealed (2009), Nancy Marder Dec 2009

Book Review (Reviewing William Domnarski, Federal Judges Revealed (2009), Nancy Marder

Nancy S. Marder

No abstract provided.


Answering Jurors' Questions: Next Steps In Illinois (2010) (Symposium), Nancy S. Marder Dec 2009

Answering Jurors' Questions: Next Steps In Illinois (2010) (Symposium), Nancy S. Marder

Nancy S. Marder

No abstract provided.


The Right To Submit Questions To Witnesses (With B. Pfaff & J. Stalmack), Nancy Marder Dec 2008

The Right To Submit Questions To Witnesses (With B. Pfaff & J. Stalmack), Nancy Marder

Nancy S. Marder

No abstract provided.


Jurors Should Have The Right To Submit Questions To Be Answered By Witnesses (With B. Pfaff & J. Stalmack)., Nancy Marder Dec 2008

Jurors Should Have The Right To Submit Questions To Be Answered By Witnesses (With B. Pfaff & J. Stalmack)., Nancy Marder

Nancy S. Marder

No abstract provided.


From "Practical Obscurity" To Web Disclosure: A New Understanding Of Public Information (Symposium), Nancy Marder Dec 2008

From "Practical Obscurity" To Web Disclosure: A New Understanding Of Public Information (Symposium), Nancy Marder

Nancy S. Marder

No abstract provided.


The Myth Of The Nullifying Jury, Nancy Marder Dec 2008

The Myth Of The Nullifying Jury, Nancy Marder

Nancy S. Marder

No abstract provided.


J.E.B. V. Alabama Ex Rel. T.B., 511 U.S. 127 (1994), Nancy Marder Dec 2007

J.E.B. V. Alabama Ex Rel. T.B., 511 U.S. 127 (1994), Nancy Marder

Nancy S. Marder

No abstract provided.