Law Commons^™

Formulaically Describing 21st Century Supreme Court Tax Jurisprudence Ii, 2001-2010., Andre L. Smith

Andre L. Smith

Abstract This article attempts to discover a deliberative formula in matters of taxation by culling the Supreme Court’s 14 federal tax opinions from 2001 to 2010 (Gitlitz v. Commissioner, Cleveland Indians Baseball v. United States, United Dominion Industries v. United States, United States v. Craft, United States v. Fior D’Italia, Boeing v. United States, United States v. Galletti, Banks v. Commissioner, Ballard v. Commissioner, EC Term of Years v. United States, Hinck v. United States, Clintwood Elkhorn v. United States, Knight v. United States, and Boulware v. United States). It continues the project Formulaically Expressing 21st Century Supreme Court Tax …

Group Decision Making In The Jury Context: A Combined Theoretical Approach, Larissa Angelique Schmersal

Open Access Theses & Dissertations

Much of the extant research on jury decision making has been conducted at the juror level, examining the individual decisions of mock jurors. Although studying mock juror decisions provides initial insight into jury decision making, studying the deliberation process should be a priority for future research. Few theoretical models have been developed to examine the decision process of the jury. The social combination and the social communication approaches provide some insight into this process; however, analysis of these methods is scarce due, in part, to their limited applicability.

The current study examined the jury deliberation using a combined theoretical approach. …

Fiduciary Law's Lessons For Deliberative Democracy, David L. Ponet, Ethan J. Leib

Faculty Scholarship

One of the ascendant understandings of democracy in contemporary political theory is that democratic societies ought to be deliberative The precise requirements for "deliberative democracy" are contested both as a matter of normative theory and institutional design; but most deliberative democrats see deliberation as essential to the legitimation of decision-making within the polity. Yet deliberative democrats have expended most of their efforts mapping what deliberation should look like at two different levels of decision-making: the deliberation among citizens themselves in exercises of direct and participatory democracy - and the deliberation among legislators or other official actors within the organs of …