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Full-Text Articles in Law
Deconstructing Juryless Fact-Finding In Civil Cases, Shaakirrah R. Sanders
Deconstructing Juryless Fact-Finding In Civil Cases, Shaakirrah R. Sanders
William & Mary Bill of Rights Journal
In many states, legislatures have mandated juryless fact-finding in common law–based civil cases by imposing compensatory damage caps that effectively lessen the jury’s traditional and historic role as injury valuator. The primary purpose of most caps was to reign in “excessive” civil jury verdicts, which allegedly caused “skyrocketing” medical malpractice insurance premiums and litigation costs. But no legislatively imposed cap is triggered by a preliminary finding of excessiveness. Trial judges have no authority to determine whether application of a cap is just or fair to the (often) severely injured plaintiff. Despite a shared interpretive methodology with regards to the nature …
Domestic Violence And The Politics Of Self-Help, Elizabeth L. Macdowell
Domestic Violence And The Politics Of Self-Help, Elizabeth L. Macdowell
William & Mary Journal of Race, Gender, and Social Justice
Self-help programs are conceptualized as alternatives to attorney representation that can help both courts and unrepresented litigants. The rhetoric of self-help also typically includes empowering unrepresented individuals to help themselves. But how do self-help programs respond to litigants’ efforts at self-advocacy? This Article reports findings from a study of courthouse self-help programs assisting unrepresented litigants applying for protection orders. The central finding is that self-help staff members were not neutral in the provision of services despite a professed ethic of neutrality. Using the sociological concept of demeanor, this Article shows that staff members rewarded protection order applicants who conformed to …
Spencer: Chief Justice John Roberts And The Loss Of Access To Justice, A. Benjamin Spencer
Spencer: Chief Justice John Roberts And The Loss Of Access To Justice, A. Benjamin Spencer
Popular Media
No abstract provided.