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Full-Text Articles in Law

Compensatory Damages In Federal Fair Housing Cases, Robert G. Schwemm Jul 1981

Compensatory Damages In Federal Fair Housing Cases, Robert G. Schwemm

Law Faculty Scholarly Articles

The federal fair housing laws became effective in 1968. Since then, courts have often awarded damages to victims of housing discrimination, but their decisions have provided little guidance for assessing the amount of such awards. There is a great range of awards, with some courts awarding only nominal damages of $1 and others setting awards of over $20,000. Compounding the problem is the difficulty of measuring the principal element of damages claimed by most plaintiffs in fair housing cases, noneconomic emotional harm or other forms of intangible injury.

Rarely is the basis for the amount of the court's award satisfactorily …


Criminal Procedure - Voir Dire - Prosecutors Must Now Show That A Juror Is Irrevocably Committed To Voting Against The Maximum Penalty Before Striking For Cause, Marcella Taylor Apr 1981

Criminal Procedure - Voir Dire - Prosecutors Must Now Show That A Juror Is Irrevocably Committed To Voting Against The Maximum Penalty Before Striking For Cause, Marcella Taylor

University of Arkansas at Little Rock Law Review

No abstract provided.


A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal Jan 1981

A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal

Law Faculty Publications

In a criminal case the option to return a general verdict of acquittal invests the jury with the raw power to nullify many legal determinations, including the trial judge's ruling that a search is constitutional. While courts grudingly acknowledge the existence of an extra-legal jury nullification power, courts do not recognize any jury prerogative to determine the lawfulness of a search. The United States Supreme Court's discussion of the jury's role in interpreting and applying the fourth amendment consists of one terse statement that the legality of a search "is a question of fact and law for the court and …


Juror Safety: The Presumption Of Innocence And Meaningful Voir Dire In Federal Criminal Prosecutions - Are They Endangered Species?, Abraham Abramovsky Jan 1981

Juror Safety: The Presumption Of Innocence And Meaningful Voir Dire In Federal Criminal Prosecutions - Are They Endangered Species?, Abraham Abramovsky

Fordham Law Review

No abstract provided.


Voir Dire In Kentucky: An Empirical Study Of Voir Dire In Kentucky Circuit Courts, William H. Fortune Jan 1981

Voir Dire In Kentucky: An Empirical Study Of Voir Dire In Kentucky Circuit Courts, William H. Fortune

Law Faculty Scholarly Articles

Voir dire is the stage of a jury trial at which prospective jurors are questioned under oath by court or counsel to determine their suitability as jurors in the case to be tried. Kentucky's high court has repeatedly recognized the importance of voir dire to the exercise of for-cause and peremptory challenges.

The trial judge's wide discretion in voir dire, however, necessarily makes a review of appellate decisions of minimal assistance in ascertaining what actually occurs during this important phase of a jury trial. Published opinions provide little guidance in this area; information about voir dire must come from a …


Reliable Identification: Could The Supreme Court Tell In Manson V. Brathwaite, Randolph N. Jonakait Jan 1981

Reliable Identification: Could The Supreme Court Tell In Manson V. Brathwaite, Randolph N. Jonakait

Articles & Chapters

No abstract provided.