Jury Ignorance And Political Ignorance,
2014
William & Mary Law School
Jury Ignorance And Political Ignorance, Ilya Somin
William & Mary Law Review
No abstract provided.
Second-Order Diversity Revisited,
2014
William & Mary Law School
Second-Order Diversity Revisited, Jeffrey Abramson
William & Mary Law Review
No abstract provided.
Restoring The Civil Jury's Role In The Structure Of Our Government,
2014
William & Mary Law School
Restoring The Civil Jury's Role In The Structure Of Our Government, Sheldon Whitehouse
William & Mary Law Review
No abstract provided.
Political Decision Making By Informed Juries,
2014
William & Mary Law School
Political Decision Making By Informed Juries, William E. Nelson
William & Mary Law Review
No abstract provided.
Diversity And The Civil Jury,
2014
William & Mary Law School
Diversity And The Civil Jury, Christina S. Carbone, Victoria C. Plaut
William & Mary Law Review
No abstract provided.
What's It Worth? Jury Damage Awards As Community Judgments,
2014
William & Mary Law School
What's It Worth? Jury Damage Awards As Community Judgments, Valerie P. Hans
William & Mary Law Review
No abstract provided.
The Jury And Participatory Democracy,
2014
William & Mary Law School
The Jury And Participatory Democracy, Alexandra D. Lahav
William & Mary Law Review
No abstract provided.
Fiduciary Principles And The Jury,
2014
William & Mary Law School
Fiduciary Principles And The Jury, Ethan J. Leib, Michael Serota, David L. Ponet
William & Mary Law Review
This Essay argues that because jurors exercise state authority with wide discretion over the legal and practical interests of other citizens, and because citizens repose trust and remain vulnerable to jury and juror decisions, juries and jurors share important similarities with traditional fiduciary actors such as doctors, lawyers, and corporate directors and boards. The paradigmatic fiduciary duties—those of loyalty and care—therefore provide useful benchmarks for evaluating and guiding jurors in their decisionmaking role. A sui generis public fiduciary duty of deliberative engagement also has applications in considering the obligations of jurors. This framework confirms much of what we know about …
An Exploration Of "Noneconomic" Damages In Civil Jury Awards,
2014
William & Mary Law School
An Exploration Of "Noneconomic" Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar
William & Mary Law Review
No abstract provided.
Introduction: The Civil Jury As A Political Institution,
2014
National Center for State Courts
Introduction: The Civil Jury As A Political Institution, Jason M. Solomon, Paula Hannaford-Agor
William & Mary Law Review
No abstract provided.
Trans-Substantivity And The Processes Of American Law,
2014
Brigham Young University Law School
Trans-Substantivity And The Processes Of American Law, David Marcus
BYU Law Review
The term “trans-substantive” refers to doctrine that, in form and manner of application, does not vary from one substantive context to the next. Trans-substantivity has long influenced the design of the law of civil procedure, and whether the principle should continue to do so has prompted a lot of debate among scholars. But this focus on civil procedure is too narrow. Doctrines that regulate all the processes of American law, from civil litigation to public administration, often hew to a trans-substantive norm. This Article draws upon administrative law, the doctrine of statutory interpretation, and the law of civil procedure to …
Summary Of Gunderson V. D.R. Horton, Inc., 130 Nev. Adv. Op. 9,
2014
Nevada Law Journal
Summary Of Gunderson V. D.R. Horton, Inc., 130 Nev. Adv. Op. 9, Michael Bowman
Nevada Supreme Court Summaries
The Court determined three issues, whether the district court abused its discretion by: (1) denying a motion for a new trial due to claims of attorney misconduct; (2) not granting sanctions under NCRP 68 and NRS 17.115 ; and/or (3) not considering apportioning sanctions.
Recent Reforms In Eu Law: Recognition And Enforcement Of Judgments,
2014
University of Akron
Recent Reforms In Eu Law: Recognition And Enforcement Of Judgments, Samuel P. Baumgartner
Akron Law Faculty Publications
The European Union has just adopted a set of amendments to the Brussels I Regulation, which governs jurisdiction to adjudicate, parallel proceedings, and the recognition and enforcement of foreign judgments. This article discusses the Regulation and the adopted amendments regarding the recognition and enforcement of judgments and argues that these amendments are part of a deeper set of structural and conceptual changes in the law of transnational litigation in the European Union over the last two decades. The article concludes with an analysis of both the amendments and the underlying changes for litigants and law reformers in the United States, …
Summary Of Recontrust Co. V. Zhang, 130 Nev. Adv. Op. 1,
2014
Nevada Law Journal
Summary Of Recontrust Co. V. Zhang, 130 Nev. Adv. Op. 1, Patrick Opdyke
Nevada Supreme Court Summaries
The Court determined whether a district court may consider an equitable subrogation claim upon remand when the district court previously resolved the case on other, later-reversed grounds, and the Supreme Court panel’s orders for remand were silent on the matter.
The Lock-In Effect Of Preliminary Injunctions,
2014
University of Denver
The Lock-In Effect Of Preliminary Injunctions, Kevin J. Lynch
Sturm College of Law: Faculty Scholarship
Judges suffer from the same cognitive biases that afflict the rest of us. Judges use shortcuts to help them deal with the uncertainty and time pressure inherent in the judicial process. Judges should be aware of the conditions when those shortcuts lead to systemic biases in decision-making, and adjust legal standards in order to reduce or avoid such bias altogether.
One important bias that has been identified by economists and psychologists is the lock-in effect. The lock-in effect causes a decision-maker who must revisit an earlier decision to be locked-in to the earlier decision. The effect is particularly pronounced where …
Transactionalism Costs,
2014
Washington and Lee University School of Law
Transactionalism Costs, Alan M. Trammell
Scholarly Articles
Modern civil litigation is organized around the “transaction or occurrence,” a simple and fluid concept that brings together logically related claims in one lawsuit. It was a brilliant innovation a century ago, but its time has passed. Two inherent defects always lurked within transactionalism, but modern litigation realities have exacerbated them. First, transactionalism represents a crude estimate about the most efficient structure of a lawsuit. Often that estimate turns out to be wrong. Second, the goals of transactionalism are in tension. To function properly, the transactional approach must be simultaneously flexible (when structuring a lawsuit at the beginning of litigation) …
Chapter 519: Fortifying California’S Reporters’ Shield,
2014
Pacific McGeorge School of Law
Chapter 519: Fortifying California’S Reporters’ Shield, Devina Douglas
McGeorge Law Review
No abstract provided.
Chapter 623: Giving The Wrongfully Convicted A Better
Chance At Review,
2014
Pacific McGeorge School of Law
Chapter 623: Giving The Wrongfully Convicted A Better Chance At Review, Natasha Machado
McGeorge Law Review
No abstract provided.
J. Mcintyre And The Global Stream Of Commerce,
2014
CUNY School of Law
J. Mcintyre And The Global Stream Of Commerce, Frank Deale
Publications and Research
No abstract provided.
In Our Own Backyard: Why California Should Care About Habeas Corpus,
2014
Pacific McGeorge School of Law
In Our Own Backyard: Why California Should Care About Habeas Corpus, Theresa Hsu Schriever
McGeorge Law Review
No abstract provided.
