Law Commons^™

Preventing Juror Misconduct In A Digital World: A Comparative Analysis, Thaddeus A. Hoffmeister

School of Law Faculty Publications

This article examines the reform efforts employed by common law countries to address internet-related juror misconduct, which generally arises when jurors use technology to improperly research or discuss a case. The three specific areas of reform are (1) punishment, (2) oversight, and (3) education. The first measure can take various forms ranging from fines to public embarrassment to incarceration. The common theme with all punishments is that once imposed, they make citizens less inclined to want to serve as jurors. Therefore, penalties should be a last resort in preventing juror misconduct.

The second reform measure is oversight, which occurs in …

Investigating Jurors In The Digital Age: One Click At A Time, Thaddeus A. Hoffmeister

School of Law Faculty Publications

The Internet has resurrected the practice of investigating jurors. Thus, there is a growing need for more research and study on this topic to better understand its impact on the legal system and society as a whole. This Article attempts to fill the current void by taking an in-depth look at online juror investigations. In Part II, this Article offers an overview of juror investigations by attorneys. Here, the Article focuses on the evolution of the practice. In Part III, the Article examines the benefits of the practice to both the legal system and attorneys. This Part demonstrates that more …

Google, Gadgets, And Guilt: Juror Misconduct In The Digital Age, Thaddeus A. Hoffmeister

School of Law Faculty Publications

This article begins by examining the traditional reasons for juror research. The article then discusses how the Digital Age has created new rationales for juror research while simultaneously affording jurors greater opportunities to conduct such research. Next, the article examines how technology has also altered juror-to-juror communications and juror-to-non-juror communications. Part I concludes by analyzing the reasons jurors violate court rules about discussing the case.

In Part II, the article explores possible steps to limit the negative impact of the Digital Age on juror research and communications. While no single solution or panacea exists for these problems, this article focuses …

The Antislavery Judge Reconsidered, Jeffrey M. Schmitt

School of Law Faculty Publications

It is conventionally believed that neutral legal principles required antislavery judges to uphold proslavery legislation in spite of their moral convictions against slavery. Under this view, an antislavery judge who ruled on proslavery legislation was forced to choose, not between liberty and slavery, but rather between liberty and fidelity to his conception of the judicial role in a system of limited government. Focusing on the proslavery Fugitive Slave Act of 1850, this article challenges the conventional view by arguing that the constitutionality of the fugitive act was ambiguous; meaning that neutral legal principles supported a ruling against the fugitive act …

Applying The Rules Of Discovery To Information Uncovered About Jurors, Thaddeus A. Hoffmeister

School of Law Faculty Publications

As more and more personal information is placed online, attorneys are increasingly turning to the internet to investigate and research jurors. In certain jurisdictions, the practice has become fairly commonplace. One prominent trial consultant has gone so far as to claim, “Anyone who doesn’t make use of [internet searches] is bordering on malpractice.” While this may somewhat overstate the importance of investigating jurors online, it nonetheless demonstrates just how routine the practice has become. Aside from increased acceptance among practitioners, courts have both approved of and encouraged online investigation of jurors.

While many view this practice as a benefit to …

Shifting The Burden: Proving Infringement And Damages In Patent Cases Involving Inconsistent Manufacturing Techniques, Julie Zink

School of Law Faculty Publications

No abstract provided.

The Grand Jury Legal Advisor: Resurrecting The Grand Jury’S Shield, Thaddeus A. Hoffmeister

School of Law Faculty Publications

This Article advocates for the creation of a Grand Jury Legal Advisor (GJLA) to resurrect the historical autonomy of grand juries. The Article draws upon Hawaii's experiences with the GJLA, and incorporates survey responses from a representative sample of former GJLAs.

The Article begins with a general and historical overview of the grand jury process. This portion of the Article demonstrates how all three branches of government have contributed to the diminishment of the powers of grand jurors. Part IV of this Article discusses the important policy rationales underlying the need for grand jury autonomy; Part V recommends the implementation …

'Can We Go Home Now?' Expediting Adoption And Termination Of Parental Rights Appeals In Ohio State Courts, Susan Wawrose

School of Law Faculty Publications

Two years ago, the Ohio Supreme Court amended its rules and those of Ohio's intermediate appellate courts in order to fast-track appeals of cases involving termination of parental rights ("TPR") and adoption of minor children. Three of Ohio's twelve appellate districts already had local rules to expedite or accelerate these types of appeals, but in some districts, the amended rules established procedures that were entirely new.

The major impetus behind the court's amendments to the rules was to move children out of foster care and into permanent adoptive homes more quickly. Further, by amending the rules of the intermediate appellate …