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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 …
The Failure Of Originalism In Preserving Constitutional Rights To Civil Jury Trial, Renée Lettow Lerner
The Failure Of Originalism In Preserving Constitutional Rights To Civil Jury Trial, Renée Lettow Lerner
William & Mary Bill of Rights Journal
The Federal Bill of Rights and state constitutions rely heavily on procedural protections, especially jury rights. Supporters of these rights at the founding praised the jury in extravagant terms, and many members of the legal profession continue to do so today. Yet civil and criminal jury trials are vanishing in the United States. The disappearance of the civil jury presents a puzzle because the Seventh Amendment and state constitutional rights require that civil jury trial be “preserved” or “remain inviolate.”
Scholarship on the history of constitutional rights to civil jury trial has tended to focus exclusively on the Seventh Amendment, …
Death By A Thousand Cases: After Booker, Rita, And Gall, The Guidelines Still Violate The Sixth Amendment, David C. Holman
Death By A Thousand Cases: After Booker, Rita, And Gall, The Guidelines Still Violate The Sixth Amendment, David C. Holman
William & Mary Law Review
No abstract provided.
Right To Trial By Jury, Court Of Appeals People V. Page
Right To Trial By Jury, Court Of Appeals People V. Page
Touro Law Review
No abstract provided.
Right To Trial By Jury, Court Of Appeals People V. Knowles
Right To Trial By Jury, Court Of Appeals People V. Knowles
Touro Law Review
No abstract provided.
Right To Trial By Jury, Court Of Appeals People V. Foy
Right To Trial By Jury, Court Of Appeals People V. Foy
Touro Law Review
No abstract provided.
Right To Trial By Jury, Supreme Court, Appellate Division Fourth Department People V. Perkins
Right To Trial By Jury, Supreme Court, Appellate Division Fourth Department People V. Perkins
Touro Law Review
No abstract provided.
Seventh Amendment Right To Jury Trial In Non-Article Iii Proceedings: A Study In Dysfunctional Constitutional Theory, Martin H. Redish, Daniel J. La Fave
Seventh Amendment Right To Jury Trial In Non-Article Iii Proceedings: A Study In Dysfunctional Constitutional Theory, Martin H. Redish, Daniel J. La Fave
William & Mary Bill of Rights Journal
The right to a jury trial in civil cases, as enumerated in the Seventh Amendment to the United States Constitution, is an integral part of the Bill of Rights. Nevertheless, in this Article, Professor Redish and Mr. La Fave argue that the Supreme Court has failed to preserve this right when Congress has relegated claims to a non-Article III forum. Furthermore, they argue, the Court has done so without providing any basis in constitutional theory to justify such a relinquishment.
Professor Redish and Mr. La Fave first examine the Supreme Court's interpretation of the Seventh Amendment in instances where Congress …
Constitutional Law - Jury Trial In A Derivative Action. Ross V. Bernhard, 90 S. Ct. 733 (1970), J. W. Montgomery Iii
Constitutional Law - Jury Trial In A Derivative Action. Ross V. Bernhard, 90 S. Ct. 733 (1970), J. W. Montgomery Iii
William & Mary Law Review
No abstract provided.
Criminal Law--Administrative Law And The Right To Trial By Jury, William Jack Stevens
Criminal Law--Administrative Law And The Right To Trial By Jury, William Jack Stevens
West Virginia Law Review
No abstract provided.