Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Attorneys (1)
- Checks and balances (1)
- Civility (1)
- Collegiality (1)
- Constitutional adjudication (1)
-
- Constitutional law (1)
- Constitutional torts (1)
- Criminal law (1)
- Holliday & Karatinos (1)
- Judicial efficiency (1)
- Jury instructions (1)
- Jury nullification (1)
- Legal ethics (1)
- Litigation (1)
- Notice (1)
- Nullify (1)
- Officer-of-the-court (1)
- P.L (1)
- Pre-suit notice (1)
- Professionalism (1)
- Reexamination Clause (1)
- Sahyers v. Prugh (1)
- Supremacy Clause (1)
Articles 1 - 2 of 2
Full-Text Articles in Jurisprudence
The Jury's Constitutional Judgment, Nathan Chapman
The Jury's Constitutional Judgment, Nathan Chapman
Scholarly Works
Despite the early American jury’s near-mythical role as a check on overreaching government agents, the contemporary jury’s role in constitutional adjudication remains opaque. Should the jury have the right to nullify criminal statutes on constitutional grounds? Should the jury apply constitutional doctrine in civil rights suits against government officers? Should courts of appeals defer to the jury’s application of constitutional law, or review it de novo?
This Article offers the first holistic analysis of the jury’s role in constitutional adjudication. It argues that the Constitution’s text, history, and structure strongly support the jury’s authority to apply constitutional law to the …
Civility And Collegiality—Unreasonable Judicial Expectations For Lawyers As Officers Of The Court?, Lonnie T. Brown
Civility And Collegiality—Unreasonable Judicial Expectations For Lawyers As Officers Of The Court?, Lonnie T. Brown
Scholarly Works
It is a well-settled and often-recited fact that lawyers are “officers of the court.” That title, however, is notoriously hortatory and devoid of meaning. Nevertheless, the Eleventh Circuit recently took the somewhat unprecedented step of utilizing the officer-of-the-court label to, in effect, sanction an attorney for the purportedly uncivil act of failing to provide defendant attorneys with pre-suit notice. While the author applauds the court’s desire to place greater emphasis on lawyer-to-lawyer collegiality as a component of officer-of-the-court status, the uncertainty the decision creates in terms of a lawyer’s role will potentially force litigators to compromise important client-centered duties. This …