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Articles 1 - 30 of 35
Full-Text Articles in Law
The Changing Landscape Of 19th Century Courts, Nancy Marder
The Changing Landscape Of 19th Century Courts, Nancy Marder
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Book Review of:Amalia D. Kessler. Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800–1877. New Haven: Yale University Press, 2017. 449 pp. Illustrations, appendix, notes, bibliography, and index. $35.00.
Foster V. Chatman: A Missed Opportunity For Batson And The Peremptory Challenge, Nancy Marder
Foster V. Chatman: A Missed Opportunity For Batson And The Peremptory Challenge, Nancy Marder
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In 2016, the United States Supreme Court decided that the prosecutors in Foster v. Chatman exercised race-based peremptory challenges in violation of Batson v. Kentucky. The Court reached the right result, but missed an important opportunity. The Court should have acknowledged that after thirty years of the Batson experiment, it is clear that Batson is unable to stop discriminatory peremptory challenges. Batson is easy to evade, so discriminatory peremptory challenges persist and the harms from them are significant. The Court could try to strengthen Batson in an effort to make it more effective, but in the end the only way …
Quacking Like A Duck? Functional Parenthood Doctrine And Same-Sex Parents, Katharine Baker
Quacking Like A Duck? Functional Parenthood Doctrine And Same-Sex Parents, Katharine Baker
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Part I of this article introduces the tension between constitutionally protected parental autonomy rights and functional parent doctrine by examining the constitutional rights of parents. This examination demonstrates how the marital status of a parent has a substantial impact on the strength of that parent's constitutional rights. In cases in which there are two unmarried (never married or divorced) parents, neither parent has particularly robust constitutionally protected autonomy rights because both parents have competing constitutional rights that must be balanced against each other. Each parent has the right to invoke a court's jurisdiction in vindication of his or her own …
Neutralizing The Stratagem Of "Snap Removal": A Proposed Amendment To The Judicial Code, Joan E. Steinman, Arthur Hellman, Lonny Hoffman, Thomas Rowe, Georgene Vairo
Neutralizing The Stratagem Of "Snap Removal": A Proposed Amendment To The Judicial Code, Joan E. Steinman, Arthur Hellman, Lonny Hoffman, Thomas Rowe, Georgene Vairo
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The “Removal Jurisdiction Clarification Act” is a narrowly tailored legislative proposal designed to resolve a widespread conflict in the federal district courts over the proper interpretation of the statutory “forum-defendant” rule. The forum-defendant rule prohibits removal of a diversity case “if any of the parties in interest properly joined and served as defendants is a citizen of the [forum state].” 28 U.S.C. § 1441(b)(2) (emphasis added). Some courts, following the “plain language” of the statute, hold that defendants can avoid the constraints of the rule by removing diversity cases to federal court when a citizen of the forum state has …
Eviction Court And A Judicial Duty Of Inquiry, Harold Krent, Peter Cheung, Kayla Higgins, Matthew Mcelwee
Eviction Court And A Judicial Duty Of Inquiry, Harold Krent, Peter Cheung, Kayla Higgins, Matthew Mcelwee
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No abstract provided.
Removal And Remand - Beyond The Supplements, Joan E. Steinman
Removal And Remand - Beyond The Supplements, Joan E. Steinman
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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, …
Batson Revisited (Symposium), Nancy S. Marder
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 to use peremptories to …
The Conundrum Of Cameras In The Courtroom, Nancy S. Marder
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 the …
An Introduction To Comparative Jury Systems (Symposium Editor), Nancy S. Marder
An Introduction To Comparative Jury Systems (Symposium Editor), Nancy S. Marder
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The jury is experiencing a renaissance worldwide. Countries that have never had a jury system, or have had one in the past, have turned to citizens to decide criminal cases. Countries, especially those that aspire to be more democratic, have begun to recognize the importance of having ordinary citizens participate in the criminal justice system. Meanwhile, countries with a longstanding jury tradition continue to maintain that tradition. As some countries consider how best to introduce the jury, or some variation of it such as a mixed court of laypersons and professional judges, and other countries consider how best to improve …
Two Weeks At The Old Bailey: Jury Lessons From England (Symposium Editor), Nancy S. Marder
Two Weeks At The Old Bailey: Jury Lessons From England (Symposium Editor), Nancy S. Marder
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As deeply-rooted as the jury is in the United States, it is not beyond improvement. There is no better starting place for ideas than England, which provided the model for our jury system. To learn firsthand about current jury practices in England, I spent two weeks observing criminal jury trials at the Old Bailey in London. My goal was to examine jury practices at the Old Bailey and to consider which ones could work well in the United States. I observed some jury practices that I thought we should adopt immediately, and others that would work well in the long …
Restructuring Proposal For The Criminal Division Of The Circuit Court Of Cook County, Daniel T. Coyne
Restructuring Proposal For The Criminal Division Of The Circuit Court Of Cook County, Daniel T. Coyne
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No abstract provided.
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
A Report On Chicago's Felony Courts (Chicago Appleseed Fund For Justice Criminal Justice Project, December 2007) (Member Of Advisory Board)., Daniel T. Coyne
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No abstract provided.
Kramer's Popular Constitutionalism: A Quick Normative Assessment, Sarah K. Harding
Kramer's Popular Constitutionalism: A Quick Normative Assessment, Sarah K. Harding
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No abstract provided.
Bringing Jury Instructions Into The Twenty-First Century, Nancy S. Marder
Bringing Jury Instructions Into The Twenty-First Century, Nancy S. Marder
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No abstract provided.
Cyberjuries: A New Role As Online Mock Juries, Nancy S. Marder
Cyberjuries: A New Role As Online Mock Juries, Nancy S. Marder
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No abstract provided.
Introduction To Secrecy In Litigation (Symposium Editor), Nancy S. Marder
Introduction To Secrecy In Litigation (Symposium Editor), Nancy S. Marder
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No abstract provided.
Justice Stevens, The Peremptory Challenge, And The Jury (Symposium), Nancy S. Marder
Justice Stevens, The Peremptory Challenge, And The Jury (Symposium), Nancy S. Marder
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No abstract provided.
Deterrence And Implied Limits On Arbitral Power, Michael A. Scodro
Deterrence And Implied Limits On Arbitral Power, Michael A. Scodro
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No abstract provided.
The Medical Malpractice Debate: The Jury As Scapegoat (Symposium), Nancy S. Marder
The Medical Malpractice Debate: The Jury As Scapegoat (Symposium), Nancy S. Marder
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No abstract provided.
Introduction To The Jury At A Crossroad: The American Experience (Symposium Editor), Nancy S. Marder
Introduction To The Jury At A Crossroad: The American Experience (Symposium Editor), Nancy S. Marder
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No abstract provided.
Juries, Justice And Multiculturalism, Nancy S. Marder
Juries, Justice And Multiculturalism, Nancy S. Marder
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No abstract provided.
Juries, Drug Laws & Sentencing (Symposium), Nancy S. Marder
Juries, Drug Laws & Sentencing (Symposium), Nancy S. Marder
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No abstract provided.
After Steel Co.: 'Hypothetical Jurisdiction' In The Federal Appellate Courts, Joan E. Steinman
After Steel Co.: 'Hypothetical Jurisdiction' In The Federal Appellate Courts, Joan E. Steinman
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In Steel Co. v. Citizens for a Better Environment, the United States Supreme Court, sua sponte, denounced the doctrine of "hypothetical jurisdiction," a doctrine that, in some circumstances, allowed courts to assume, arguendo, the existence of jurisdiction and to address the merit questions presented by cases. Several of the Justices distanced themselves from the denunciation, however, and despite the vociferousness of the position taken by the majority, even it found that there were exceptional circumstances in which the Court had acted properly (and presumably in which other courts would act appropriately) in assuming jurisdiction arguendo and addressing merits questions. The …
Laidlaw: Redressing The Law Of Redressability, Harold J. Krent
Laidlaw: Redressing The Law Of Redressability, Harold J. Krent
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No abstract provided.
Juries And Technology: Equipping Jurors For The Twenty-First Century (Symposium), Nancy S. Marder
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
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 for mandatory …
The Interplay Of Race And False Claims Of Jury Nullification, Nancy S. Marder
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
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
Juries And Damages: A Commentary, Nancy S. Marder
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No abstract provided.