Law Commons^™

The Medical Malpractice Debate: The Jury As Scapegoat (Symposium), Nancy S. Marder

Nancy S. Marder

No abstract provided.

Njc Deskbook On Evidence For Administrative Law Judges, Chris Mcneil

Christopher B. McNeil, J.D., Ph.D.

Provides summaries of frequently-encountered evidence rules, with checklists for ALJs and others working in administrative adjudications.

The Many Legal Institutions That Support Contractual Commitment, Gillian K. Hadfield

Gillian K Hadfield

One of the fundamental contributions of transaction cost theory and institutional economics has been to focus attention on opening the "black box" of contract enforcement, drawing attention to the institutions required to achieve effective and low-cost contract enforcement. The idea that the effectiveness of contract law is critical to the growth of economic activity is widespread in the literature on development and transition economies. Recent studies attempting to document toe relative strength of contract enforcement in different settings (La Porta, et al., 19982; Djankov, et al., 2003), however, have focused on relatively abstract notions of "courts" and "legal systems" and …

Is E-Discovery So Different That It Requires New Discovery Rules? An Analysis Of Proposed Amendments To The Federal Rules Of Civil Procedure, Henry S. Noyes

Henry S. Noyes

The U.S. Judicial Conference Advisory Committee on Civil Rules recommended a package of proposed amendments to the Federal Rules of Civil Procedure to address issues raised by discovery of electronic information. The recommendations were based on the theory that discovery of electronic information is truly different from discovery of non-electronic information and that the differences require a special set of discovery rules. This Article tests the bases for the Advisory Committee's theory and concludes that there are five true differences between discovery of electronic information and discovery of traditional hard copy information, but two of the differences are addressed by …

Competing For The People's Affection: Federalism's Forgotten Marketplace, Todd E. Pettys

Todd E. Pettys

Returning to forgotten themes in the Federalist Papers, the article argues that the state and federal governments compete with one another for the “affection” of their citizens and for the regulatory power that often accompanies that affection. The article further contends that citizens and politicians are able fully to participate in this affection-driven marketplace only if three prerequisites are met: each sovereign must be assured of an opportunity to demonstrate its competence; each sovereign must enjoy a significant measure of autonomy from the other; and the two sovereigns’ dealings with one another must be sufficiently transparent to enable citizens to …

Introduction To The Jury At A Crossroad: The American Experience (Symposium Editor), Nancy S. Marder

Nancy S. Marder

No abstract provided.

Critical Factors Of Adjudication: Language And The Adjudication Process In Executive And Judicial Branch Decisions, Chris Mcneil

Christopher B. McNeil, J.D., Ph.D.

No abstract provided.

Juries, Justice And Multiculturalism, Nancy S. Marder

Nancy S. Marder

No abstract provided.

Book (Oup): On Law, Politics, And Judicialization: Path Dependence, Precedent, And Judicial Power, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

Race, Class, And Legal Ethics In The Early Naacp (1910-1920), Susan D. Carle

Susan D. Carle

Has The Supreme Court Sounded The Death Knell For Jury Assessed Punitive Damages? A Critical Re-Examination Of The American Jury, Lisa Litwiller

Lisa Litwiller

LAST TERM, the United States Supreme Court drastically altered the balance of power between judge and jury, and the legal community barely noticed. Although Cooper Industries, Inc. v. Leatherman Tool Group, Inc. is remarkable for what it does overtly - it changes the standard of review in punitive damages cases from an abuse of discretion review to de novo review; it is even more remarkable for what it does covertly - it arguably takes the right to assess punitive damages in the first instance entirely out of the hands of the jury. According to the Court, [u]nlike the measure of …

Juries And Technology: Equipping Jurors For The Twenty-First Century (Symposium), Nancy S. Marder

Nancy S. Marder

No abstract provided.

Managing Punitive Damages: A Role For Mandatory "Limited Generosity" Classes And Anti-Suit Injunctions?, Joan E. Steinman

Joan E. Steinman

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

Nancy S. Marder

No abstract provided.

The Myth Of The Nullifying Jury, Nancy S. Marder

Nancy S. Marder

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

Nancy S. Marder

No abstract provided.

Deliberations And Disclosures: A Study Of Post-Verdict Interviews Of Jurors, Nancy S. Marder

Nancy S. Marder

No abstract provided.

Beyond Gender: Peremptory Challenges And The Roles Of The Jury, Nancy S. Marder

Nancy S. Marder

No abstract provided.

Gender Dynamics And Jury Deliberations (Student Note), Nancy S. Marder

Nancy S. Marder

No abstract provided.

Attempting The Impossible: The Emerging Consensus, Ira P. Robbins

Ira P. Robbins

Limits On Legislative Court Judicial Power: The Need For Balancing Competing Interests, Kenneth T. Kristl

Kenneth T Kristl

No abstract provided.