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Full-Text Articles in Law

Removal And Remand - Beyond The Supplements, Joan E. Steinman Jan 2014

Removal And Remand - Beyond The Supplements, Joan E. Steinman

All Faculty Scholarship

This is a compilation of case descriptions and citations to law review articles that complements the contents of the 2014 Pocket Parts to volumes 14B and C of the Wright & Miller treatise on Federal Practice and Procedure. It was put together by the author of those Pocket Parts. The cases described here either are not included at all in the 2014 volume 14B and C Pocket Parts or are cited there for different propositions than are reflected in this electronic publication. The cases that are included in this electronic compilation came to my attention between mid-October, 2012, and mid-October, 2013 ...


The Conundrum Of Cameras In The Courtroom, Nancy S. Marder Jan 2012

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

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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 ...


Batson Revisited (Symposium), Nancy S. Marder Jan 2012

Batson Revisited (Symposium), Nancy S. Marder

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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 ...


Proposal For Drug Offender Stationhouse Deferral Program, Daniel T. Coyne Jan 2010

Proposal For Drug Offender Stationhouse Deferral Program, Daniel T. Coyne

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No abstract provided.


Restructuring Proposal For The Criminal Division Of The Circuit Court Of Cook County, Daniel T. Coyne Jan 2010

Restructuring Proposal For The Criminal Division Of The Circuit Court Of Cook County, Daniel T. Coyne

All Faculty Scholarship

No abstract provided.


Do Cognitive Biases Affect Adjudication?: A Study Of Labor Arbitrators (With Monica Biernat), Martin H. Malin, Monica Biernat Jan 2008

Do Cognitive Biases Affect Adjudication?: A Study Of Labor Arbitrators (With Monica Biernat), Martin H. Malin, Monica Biernat

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Labor arbitrators were presented with four cases to decide, each involving a challenge to discipline or discharge of an employee resulting from a work-family conflict. Arbitrators were randomly given versions of the cases in which the gender and one other characteristivc of the employee were varied. The results showed little evidence of direct gender bias in decision-making but did reflect bias against single parents and employees with eldercare, as opposed to childcare, responsibilities. Implications for other adjudicators, including judges, jurors and administrative agency officials are discussed.


A Report On Chicago's Felony Courts: Executive Summary (Chicago Appleseed Fund For Justice Criminal Justice Project, December 2007) (Member Of Advisory Board), Daniel T. Coyne Jan 2007

A Report On Chicago's Felony Courts: Executive Summary (Chicago Appleseed Fund For Justice Criminal Justice Project, December 2007) (Member Of Advisory Board), Daniel T. Coyne

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No abstract provided.


A Report On Chicago's Felony Courts (Chicago Appleseed Fund For Justice Criminal Justice Project, December 2007) (Member Of Advisory Board)., Daniel T. Coyne Jan 2007

A Report On Chicago's Felony Courts (Chicago Appleseed Fund For Justice Criminal Justice Project, December 2007) (Member Of Advisory Board)., Daniel T. Coyne

All Faculty Scholarship

No abstract provided.


Cyberjuries: A New Role As Online Mock Juries, Nancy S. Marder Feb 2006

Cyberjuries: A New Role As Online Mock Juries, Nancy S. Marder

All Faculty Scholarship

No abstract provided.


Bringing Jury Instructions Into The Twenty-First Century, Nancy S. Marder Feb 2006

Bringing Jury Instructions Into The Twenty-First Century, Nancy S. Marder

All Faculty Scholarship

No abstract provided.


The Medical Malpractice Debate: The Jury As Scapegoat (Symposium), Nancy S. Marder Feb 2005

The Medical Malpractice Debate: The Jury As Scapegoat (Symposium), Nancy S. Marder

All Faculty Scholarship

No abstract provided.


Introduction To The Jury At A Crossroad: The American Experience (Symposium Editor), Nancy S. Marder Feb 2003

Introduction To The Jury At A Crossroad: The American Experience (Symposium Editor), Nancy S. Marder

All Faculty Scholarship

No abstract provided.


Juries, Justice And Multiculturalism, Nancy S. Marder Feb 2002

Juries, Justice And Multiculturalism, Nancy S. Marder

All Faculty Scholarship

No abstract provided.


Juries And Technology: Equipping Jurors For The Twenty-First Century (Symposium), Nancy S. Marder Feb 2001

Juries And Technology: Equipping Jurors For The Twenty-First Century (Symposium), Nancy S. Marder

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No abstract provided.


Managing Punitive Damages: A Role For Mandatory "Limited Generosity" Classes And Anti-Suit Injunctions?, Joan E. Steinman Jan 2001

Managing Punitive Damages: A Role For Mandatory "Limited Generosity" Classes And Anti-Suit Injunctions?, Joan E. Steinman

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In this Article, I consider whether "limited generosity" classes may be used to determine a defendant's entire liability for punitive damages arising from a defined course of conduct. The goals of such a class action would include adequately punishing and deterring the defendant, keeping the defendant's liability within state-mandated and constitutional limits, and facilitating equitable distribution of the damages among injured plaintiffs. The Article describes the legal limits on punitive damages liability that states have established and that the Supreme Court has held substantive due process to impose, and then carefully examines whether such limits constitute a predicate ...


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

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No abstract provided.


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

The Myth Of The Nullifying Jury, Nancy S. Marder

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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 ...


Juries And Damages: A Commentary, Nancy S. Marder Feb 1998

Juries And Damages: A Commentary, Nancy S. Marder

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No abstract provided.


Deliberations And Disclosures: A Study Of Post-Verdict Interviews Of Jurors, Nancy S. Marder Feb 1997

Deliberations And Disclosures: A Study Of Post-Verdict Interviews Of Jurors, Nancy S. Marder

All Faculty Scholarship

No abstract provided.


Beyond Gender: Peremptory Challenges And The Roles Of The Jury, Nancy S. Marder Feb 1995

Beyond Gender: Peremptory Challenges And The Roles Of The Jury, Nancy S. Marder

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No abstract provided.


Gender Dynamics And Jury Deliberations (Student Note), Nancy S. Marder Feb 1987

Gender Dynamics And Jury Deliberations (Student Note), Nancy S. Marder

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No abstract provided.