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Full-Text Articles in Law

The Myth Of The Nullifying Jury, Nancy S. Marder Feb 1999

The Myth Of The Nullifying Jury, Nancy S. Marder

All Faculty Scholarship

Jury nullification, an issue that has received much public attention, has been used loosely to describe verdicts with which members of the press and public disagree. One aim of this article is to explain what nullification is and to identify and describe three different situations in which nullification is likely to arise. Another aim is to offer two conceptions of the jury before assessing whether nullification is helpful or harmful to the judicial system. One conception, "a conventional view," largely held by judges, regards the jury as a fact-finding body and little more. My own conception, which I have labeled ...


The Interplay Of Race And False Claims Of Jury Nullification, Nancy S. Marder Feb 1999

The Interplay Of Race And False Claims Of Jury Nullification, Nancy S. Marder

All Faculty Scholarship

No abstract provided.


Invidious Comparisons: Some Cautionary Remarks On The Process Of Constitutional Borrowing, Seth F. Kreimer Jan 1999

Invidious Comparisons: Some Cautionary Remarks On The Process Of Constitutional Borrowing, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


Synopsis Of The Report Of The Second Circuit Task Force On Gender, Racial And Ethnic Fairness In The Courts, Jay C. Carlisle Jan 1999

Synopsis Of The Report Of The Second Circuit Task Force On Gender, Racial And Ethnic Fairness In The Courts, Jay C. Carlisle

Pace Law Faculty Publications

The recent Report of the Second Circuit Task Force on Gender, Racial, and Ethnic Fairness in the Courts (‘Taskforce‘) observes “some biased conduct toward parties and witnesses based on gender or race or ethnicity has occurred on the part of both judges and lawyers.” “Biased conduct toward lawyers based on gender or race or ethnicity, has occurred to a greater degree.” The Report concludes that such conduct is unacceptable and admonishes all participants in the Second Circuit courts to guard against it. The purpose of this Perspective is to review several sections of the Report. The Perspective is written from ...