Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Chicago-Kent College of Law (2)
- University of Florida Levin College of Law (2)
- Boston University School of Law (1)
- Cornell University Law School (1)
- Duke Law (1)
-
- Georgetown University Law Center (1)
- Maurer School of Law: Indiana University (1)
- Mississippi College School of Law (1)
- Northwestern Pritzker School of Law (1)
- Nova Southeastern University (1)
- Southern Methodist University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Colorado Law School (1)
Articles 1 - 15 of 15
Full-Text Articles in Law
Judges, Juries, And Punitive Damages: Empirical Analyses Using The Civil Justice Survey Of State Courts 1992, 1996, And 2001 Data, Theodore Eisenberg, Paula L. Hannaford, Michael Heise, Neil Lafountain, Brian Ostrom, Martin T. Wells, G. Thomas Munsterman
Judges, Juries, And Punitive Damages: Empirical Analyses Using The Civil Justice Survey Of State Courts 1992, 1996, And 2001 Data, Theodore Eisenberg, Paula L. Hannaford, Michael Heise, Neil Lafountain, Brian Ostrom, Martin T. Wells, G. Thomas Munsterman
Cornell Law Faculty Publications
We analyze thousands of trials from a substantial fraction of the nation's most populous counties. Evidence across ten years and three major datasets suggests that: (1) juries and judges award punitive damages in approximately the same ratio to compensatory damages, (2) the level of punitive damages awards has not increased, and (3) juries' and judges' tendencies to award punitive damages differ in bodily injury and no-bodily-injury cases. Jury trials are associated with a greater rate of punitive damages awards in financial injury cases. Judge trials are associated with a greater rate of punitive damages awards in bodily injury cases.
Representative Government, Representative Court? The Supreme Court As A Representative Body, Angela Onwuachi-Willig
Representative Government, Representative Court? The Supreme Court As A Representative Body, Angela Onwuachi-Willig
Faculty Scholarship
In this Symposium Essay, I propose, as a thinking matter, that we expand the number of Supreme Court justices to increase the representation of various demographic groups on the Court. In Part I, I advance the argument that the Court should be regarded as a demographically representative body of the citizens of the United States, and in Part II, I argue that the Court should be enlarged to ensure diverse representation of all voices on the most powerful judicial body of our nation.
The Trade Winds Of Judicial Activism: An Introduction To The 2004-2005 Goodwin Seminar Articles By Dennis Morrison, Q.C., And The Honourable Mia Amor Mottley, Q.C., M.P.,, Jane E. Cross
Faculty Scholarship
In Fall 2004, Nova Southeastern University Shepard Broad Law Center hosted a Goodwin Seminar series entitled Trade Winds in Caribbean Law: Evolution of Legal Norms and the Quest for Independent Justice. Since the conclusion of the Goodwin Seminar in November 2004, there have been two significant developments in the Commonwealth Caribbean. First, the Caribbean Court of Justice (CCJ) was inaugurated on April 16, 2005 in Port of Spain, Trinidad. Second, the CARICOM Single Market and Economy (CSME) was launched on January 30, 2006.
Justice Stevens, The Peremptory Challenge, And The Jury (Symposium), Nancy S. Marder
Justice Stevens, The Peremptory Challenge, And The Jury (Symposium), Nancy S. Marder
All Faculty Scholarship
No abstract provided.
Judicial Misconduct In Criminal Cases: It’S Not Just The Counsel Who May Be Ineffective And Unprofessional, Richard Klein
Judicial Misconduct In Criminal Cases: It’S Not Just The Counsel Who May Be Ineffective And Unprofessional, Richard Klein
Scholarly Works
No abstract provided.
Train Our Jurors, Jonathan Koehler
Train Our Jurors, Jonathan Koehler
Faculty Working Papers
Lay jurors are often legally and logically unprepared for trial. In response, it is recommended that jurors receive training in how to make better legal decisions. This chapter suggests that jurors should receive comprehensive training in critical legal doctrines and in how to reason with legal evidence. Jurors who cannot be trained to achieve minimal levels of competence (in the law or in basic reasoning) should be excused from jury service. Suggestions are given as to how policy makers and researchers who are interested in jury reform may wish to proceed.
The Limits Of The Olympian Court: Common Law Judging Versus Error Correction In The Supreme Court, Carolyn Shapiro
The Limits Of The Olympian Court: Common Law Judging Versus Error Correction In The Supreme Court, Carolyn Shapiro
All Faculty Scholarship
Throughout its history, the Supreme Court has struggled to control its caseload and to avoid becoming a court of error correction. Instead, it applies its resources to matters of particular national importance and to promoting uniformity in the law. This Article argues that the Court's approach to maintaining uniformity fails to provide adequate guidance to the lower courts. The Court focuses on resolving disagreements among the lower courts over what rules and standards to apply. But the Court largely ignores the question of whether those directives are applied in a consistent or predictable way. As a result, there are areas …
Courting Failure, Lynn M. Lopucki
Courting Failure, Lynn M. Lopucki
UF Law Faculty Publications
Courting Failure is the story of a bad venue statute that led to rampant forum shopping by large public companies. This forum shopping induced competition among bankruptcy courts for the cases. That competition in turn caused the unnecessary failure of many of the reorganizing companies and corrupted the United States Bankruptcy Courts. Congress has not acted to fix the statute because of Delaware's parochial interest in preserving the status quo.
Understanding The Person Beneath The Robe: Practical Methods For Neutralizing Harmful Judicial Biases, Evan R. Seamone
Understanding The Person Beneath The Robe: Practical Methods For Neutralizing Harmful Judicial Biases, Evan R. Seamone
Journal Articles
This article presents hands-on self-awareness techniques for use by judges, arbitrators, members of commissions, and other legal decision-makers who are confronted with complex cases. All too often, these judges are expected to make the “right” decisions without knowing how to accomplish this task. While judges, no doubt, are capable of applying the law to a case, this is only one aspect of righteous behavior. This article is concerned with the related expectation that judges are capable of rendering fair and impartial decisions. No matter how much training they receive, judges can only avoid biases that are known to them.
Pro Se Defendants And The Appointment Of Advisory Counsel, H. Patrick Furman
Pro Se Defendants And The Appointment Of Advisory Counsel, H. Patrick Furman
Publications
This article provides an overview of advisory counsel used to assist pro se criminal defendants, including the appointment and duties of advisory counsel, ethical obligations, and considerations for trial judges and prosecutors.
Judicial Participation In Plea Negotiations: A Comparative View, Jenia I. Turner
Judicial Participation In Plea Negotiations: A Comparative View, Jenia I. Turner
Faculty Journal Articles and Book Chapters
Current rules in most U.S. jurisdictions prohibit judges from becoming involved in plea negotiations and limit the judges' role to reviewing a plea bargain once it is presented by the parties. The enclosed article surveys three systems that provide for more significant judicial involvement - Germany, Florida, and Connecticut - and suggests that a judge's early input into plea negotiations can render the final disposition more accurate and procedurally just. Based on interviews with practitioners and a review of the case law, the article outlines a model for greater judicial involvement in plea negotiations.
Where Do You Get Off? A Reply To Courting Failure'S Critics, Lynn M. Lopucki
Where Do You Get Off? A Reply To Courting Failure'S Critics, Lynn M. Lopucki
UF Law Faculty Publications
By historical accident, the bankruptcy venue statute gives large public companies their choice of bankruptcy courts. Over three decades a competition for those cases has developed among some United States Bankruptcy Courts. The most successful courts - Delaware and New York - today attract more than two thirds of the billion-dollar-and-over cases. The courts compete principally because the cases represent a multi-billion dollar a year industry in professional fees alone, because local lawyers pressure judges to compete, and because judges who lose the competition are stigmatized and may not be reappointed. In February 2005, the University of Michigan Press published …
Checks And Balances: Congress And The Federal Court, Paul D. Carrington
Checks And Balances: Congress And The Federal Court, Paul D. Carrington
Faculty Scholarship
This essay was published as a chapter in Reforming the Supreme Court: Term Limits for Justices (Paul D. Carrington & Roger Cramton eds, Carolina Academic Press 2006). Its point is that Congress has long neglected its duty implicit in the constitutional doctrine of separation of powers to constrain the tendency of the Court, the academy and the legal profession to inflate the Court's status and power. The term "life tenure" is a significant source of a sense of royal status having not only the adverse cultural effects noted by Nagel, but also doleful effects on the administration and enforcement of …
Age And Tenure Of The Justices And Productivity Of The U.S. Supreme Court: Are Term Limits Necessary?, Joshua C. Teitelbaum
Age And Tenure Of The Justices And Productivity Of The U.S. Supreme Court: Are Term Limits Necessary?, Joshua C. Teitelbaum
Georgetown Law Faculty Publications and Other Works
This Article examines the relationship between the productivity of the U.S. Supreme Court and the age and tenure of the Supreme Court Justices. The motivation for this Article is the Supreme Court Renewal Act of 2005 (SCRA) and other recent proposals to impose term limits for Supreme Court Justices. The authors of the SCRA and others suggest that term limits are necessary because, inter alia, increased longevity and terms of service of the Justices have resulted in a decline in the productivity of the Court as measured by the number of cases accepted for review and the number of opinions …
Rescuing Judicial Accountability From The Realm Of Political Rhetoric, Charles G. Geyh
Rescuing Judicial Accountability From The Realm Of Political Rhetoric, Charles G. Geyh
Articles by Maurer Faculty
The article examines the threat to judicial independence from political calls for more judicial accountability. The author begins by defining judicial accountability and discussing its purposes before breaking the concept down into three categories: institutional accountability, behavioral accountability, and decisional accountability. This process reveals that in the judicial accountability family, there is but one discrete sub-species, situated in the decisional accountability genus, that does not further accountability's proper purpose and is therefore conceptually problematic: direct political accountability for competent and honest judicial decision-making error that the politicians desire and a serious threat to judicial independence. The critical question becomes one …