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Articles 1 - 7 of 7

Full-Text Articles in Law

Juries, Justice And Multiculturalism, Nancy S. Marder Jan 2002

Juries, Justice And Multiculturalism, Nancy S. Marder

Nancy S. Marder

No abstract provided.


The History Of The Per Curiam Opinion: Consensus And Individual Expression On The Supreme Court, Laura Ray Dec 2001

The History Of The Per Curiam Opinion: Consensus And Individual Expression On The Supreme Court, Laura Ray

Laura K. Ray

No abstract provided.


Judicial Personality: Rhetoric And Emotion In Supreme Court Opinions, Laura K. Ray Dec 2001

Judicial Personality: Rhetoric And Emotion In Supreme Court Opinions, Laura K. Ray

Laura K. Ray

No abstract provided.


Between Punitive And Reconstructive Justice: The Gacaca Courts In Rwanda, Erin Daly Dec 2001

Between Punitive And Reconstructive Justice: The Gacaca Courts In Rwanda, Erin Daly

Erin Daly

In the aftermath of the 1994 genocide in Rwanda, in which almost a million people were killed by their fellow citizens within 3 months, the country was faced with the colossal task of bringing to justice hundreds of thousands of perpetrators while at the same time trying to rebuild the communities in which both the victims and the perpetrators had lived. This article argues that the regime of gacaca courts, though flawed in many ways, particularly from a western perspective, does nonetheless offer the potential for helping the communities within Rwanda to transform themselves. The form and structure of gacaca …


Book (Oup): On Law, Politics, And Judicialization: Path Dependence, Precedent, And Judicial Power, Alec Stone Sweet Dec 2001

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 Dec 2001

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

Susan D. Carle

INTRODUCTION: In 1916, Charles Anderson Boston, one of the members of the first national Legal Redress Committee of the National Association for the Advancement of Colored People, spoke at the organization's board of directors meeting to endorse the use of new litigation strategies in the fight against racial segregation. The "proper presentation of the legal fight against segregation," Boston urged, should focus on gathering "facts, not law" to demonstrate to the courts the law's "actual operation."' Boston's emphasis on using facts to demonstrate the law's operation accorded with the NAACP's litigation strategy, which relied not only on gathering and presenting …


Has The Supreme Court Sounded The Death Knell For Jury Assessed Punitive Damages? A Critical Re-Examination Of The American Jury, Lisa Litwiller Dec 2001

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 …