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Contractual Waivers Of A Right To Jury Trial - Another Opinion, Brian D. Weber
Contractual Waivers Of A Right To Jury Trial - Another Opinion, Brian D. Weber
Cleveland State Law Review
It is well-settled that arbitration in the employment context is favored by the courts, and that there is a federal policy favoring arbitration agreements, in general. However, jury waivers outside of arbitration in the employment context are still a relatively novel idea in some jurisdictions, despite the fact that an arbitration agreement itself inherently prevents the employee from having a jury trial. The Sixth Circuit Court of Appeals, as well as the Ohio Supreme Court, have yet to determine if jury waivers in employment contracts are binding. This paper will assess contractual jury trial waivers in the employment context as …
Jury Waiver In Capital Cases: An Assessment Of The Voluntary, Knowing, And Intelligent Standard, Paul Mancino Iii
Jury Waiver In Capital Cases: An Assessment Of The Voluntary, Knowing, And Intelligent Standard, Paul Mancino Iii
Cleveland State Law Review
This Note analyzes both the federal and various state standards as to what constitutes a voluntary, knowing, and intelligent waiver of trial by jury in capital cases. Through this analysis it will become apparent that the various standards among the different jurisdictions of a voluntary, knowing, and intelligent waiver are marked with disparity. This Note also argues that the jury waiver statutes in many jurisdictions fail to provide enough information for the capital defendant to make a voluntary, knowing, and intelligent waiver of the right to trial by jury while cognizant of the relevant circumstances and likely consequences. This deficiency …