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Full-Text Articles in Law

Comparative Jury Procedures, Kenneth S. Klein Jan 2015

Comparative Jury Procedures, Kenneth S. Klein

Faculty Scholarship

The literature considering various possible procedural reforms to United States jury trial practice suffers from a high dose of American Exceptionalism. The experience of other nations rarely is acknowledged, much less considered as possibly informative. This Article argues that as a British-derived system of roughly identical vintage as the United States, the jury practices of Malta can inform American practice in three respects: (1) the desirability of increased juror interaction – in particular allowing oral juror questions to witnesses and allowing deliberation during the trial, (2) the utility of eliminating voir dire in jury selection, and (3) the possibility of procedural ...


Competing Legal Culture And Legal Reform: The Battle Of Chile, James Cooper Jan 2008

Competing Legal Culture And Legal Reform: The Battle Of Chile, James Cooper

Faculty Scholarship

This Article explores the competition that exists between U.S. and German legal cultures and examines Chilean legal reform efforts since the late 1990s as a case study of this competition. A country's legal culture is comprised of the self-governing rules and operations of national and regional bar associations, the format of legal education, the structure of the legal and judicial profession, the role of the judiciary, jurisprudential style, and the reputation of the legal sector according to the general public. The influence of predominant legal cultures on developing nations has been explored in a number of contexts, while ...


Proyecto Acceso: The Use Of Popular Culture To Build The Rule Of Law In Latin America, James Cooper Jan 2008

Proyecto Acceso: The Use Of Popular Culture To Build The Rule Of Law In Latin America, James Cooper

Faculty Scholarship

This article is about developing the rule of law in Latin America using popular popular culture and modeling the United States' experience.