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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.
The Merger Of Common-Law And Equity Pleading In Virginia, William Hamilton Bryson
The Merger Of Common-Law And Equity Pleading In Virginia, William Hamilton Bryson
Law Faculty Publications
This article describes the separation of common law and equity in Virginia leading up to the 2006 merger of common law and equity pleading and the problems that remain to be solved by the courts.
Improving Criminal Jury Decision Making After The Blakely Revolution, J. J. Prescott, Sonja B. Starr
Improving Criminal Jury Decision Making After The Blakely Revolution, J. J. Prescott, Sonja B. Starr
Articles
The shift in sentencing fact-finding responsibility triggered in many states by Blakely v. Washington may dramatically change the complexity and type of questions that juries will be required to answer. Among the most important challenges confronting legislatures now debating the future of their sentencing regimes is whether juries are prepared to handle this new responsibility effectively - and, if not, what can be done about it. Yet neither scholars addressing the impact of Blakely nor advocates of jury reform have seriously explored these questions. Nonetheless, a number of limitations on juror decision making seriously threaten the accuracy of verdicts in …