Comparative and Foreign Law Commons^™

Foreword – Communication And Investigation In 2011: Can Our Jury System Cope?, Brian Barker

Chicago-Kent Law Review

No abstract provided.

An Introduction To Comparative Jury Systems, Nancy S. Marder

Chicago-Kent Law Review

No abstract provided.

Should Criminal Juries Give Reasons For Their Verdicts?: The Spanish Experience And The Implications Of The European Court Of Human Rights Decision In Taxquet V. Belgium, Stephen C. Thaman

Chicago-Kent Law Review

This article uses the European Court of Human Rights judgment of Taxquet v. Belgium, decided by the Grand Chamber in 2010, which held that in some cases the trial jury's failure to give reasons for its verdict of guilt could constitute a violation of the right to a fair trial under Article 6 of the European Convention of Human Rights, as a springboard for discussing whether or not criminal trial juries in Europe and the United States should be more accountable for their verdicts. The article explains the special jury verdicts traditionally used in Europe and the new Spanish requirement …

The French Jury At A Crossroads, Valerie P. Hans, Claire M. Germain

Chicago-Kent Law Review

Since its inception, the French jury system has generated controversy and passionate argument. The jury originated at the time of the French Revolution as a potent symbol of democratic self-governance. Alternately praised and attacked by successive governments over two centuries, the jury became entrenched in the French justice system and in the French mind. Yet, in recent years, the French jury's future has become the subject of intense political debate. This article provides an overview of historical changes to the French jury system, describing how it was transformed from an independent body of lay citizens into a mixed decisionmaking body …

Jury Trials For Violent Hate Crimes In Russia: Is Russian Justice Only For Ethnic Russians?, Nikolai Kovalev

Chicago-Kent Law Review

The article examines issues of potential anti-victim jury bias in hate crime trials of skinheads in Russia. The study is based on the analysis of court transcripts and interviews with judges, prosecutors, defense attorneys, and victims' lawyers who participated in four high profile criminal cases. The cases selected for analysis resulted in scandalous acquittals, which raised many questions within the Russian society as to whether lay citizens can and should adjudicate hate crimes committed against members of ethnic and racial minority groups. The results of the study have revealed that the juries in these cases did not demonstrate any bias …

Silent Lay Judges—Why Their Influence In The Community Falls Short Of Expectations, Stefan Machura

Chicago-Kent Law Review

Lay judges in Germany serving at mixed courts are ascribed an "education function," and they should communicate their experience. Data from surveys of German lay assessors are used to investigate this claim. The results are likely to apply to other countries which employ mixed courts. While many lay judges talk about their experience with their families—partly to ease their minds—they are more reluctant to tell colleagues and friends. For a start, many lay judges are no longer part of the work force because they are older in age, and therefore, have a limited number of contacts. Lay judges serving at …

Metropolitan And Town Juries: The Influence Of Social Context On Lay Participation, María Inés Bergoglio

Chicago-Kent Law Review

Lay participation in Argentinean criminal trials, even if prescribed by the 1853 Argentine Constitution, was not established in the country until 2004, when the province of Cordoba created a mixed court to deal with cases of aberrant crimes and corruption.

This article describes the initial experience with mixed courts in the metropolitan area of Great Cordoba, and in small cities of the province, to depict the impact of different social contexts on lay participation. The support for citizen participation in legal decision making, the responses to the introduction of the new mixed courts, and jury-judge agreement rates are some of …

The Canadian Criminal Jury, Regina Schuller, Neil Vidmar

Chicago-Kent Law Review

The Canadian criminal jury system has some unique characteristics. In contrast to American law, that gives precedent to free speech over fair trial, and English law, that favors fair trial over free speech, Canadian law occupies a middle ground balancing these competing values. Jury selection procedure in most trials is similar to that of England: jurors are assumed to be "impartial between the Queen and the accused" and are selected without voir dire. However, in cases involving exceptional pretrial publicity or involving accused persons from racial or ethnic minority groups, jurors are vetted by a "challenge for cause" process in …

Two Weeks At The Old Bailey: Jury Lessons From England, Nancy S. Marder

Chicago-Kent Law Review

I spent two weeks observing jury trials and interviewing judges and barristers at the Old Bailey in London. There were several jury practices at the Old Bailey that would benefit American jurors, such as providing them with a "jury bundle," and we should introduce such practices in the United States. There are other practices, such as eliminating peremptory challenges, which are worth adopting over time because there would be some initial resistance. There are many practices that the two systems share in common, such as allowing jurors to take notes, to ask questions of witnesses, and to have a written …

Japan's Quasi-Jury And Grand Jury Systems As Deliberative Agents Of Social Change: De-Colonial Strategies And Deliberative Participatory Democracy, Hiroshi Fukurai

Chicago-Kent Law Review

Direct participatory democracy touches Japan anew in its current attempt to reform and reconstruct the criminal justice system through the introduction of two tiered systems of quasi-jury (saiban-in) and grand jury (kensatsu shinsakai) institutions. Not only did the twin systems of lay deliberation help create an effective and investigative mechanism against the corporate predation and governmental abuse of power, they also allowed the prosecution of military crimes committed by U.S. Armed Forces personnel and their families stationed in Japan. My paper then examines the historical evolution of these newly established lay justice institutions, exploring the increasing adoption of lay forms …

Glass Cages In The Dock?: Presenting The Defendant To The Jury, David Tait

Chicago-Kent Law Review

The architecture of the courtroom provides insights into the philosophy of justice espoused by the community—it embodies particular perspectives about the presumption of innocence, the dignity of the person, the right to effective representation, and more generally, the right to a fair trial. The physical position of the accused in a criminal trial, the subject of this Article, varies considerably between jurisdictions, from a privileged place at the defense table to a dock isolated from other courtroom participants. The legal issues associated with the place of the accused are particularly evident when the dock is enclosed in glass. This Article …

Jury Selection And Jury Trial In Spain: Between Theory And Practice, Mar Jimeno-Bulnes

Chicago-Kent Law Review

Even though Spain has traditionally followed a civil law system, it is at present the only European country to have introduced the common law model of jury trials into its criminal proceedings through the Spanish Jury Law of 1995. Despite counterproposals for mixed courts composed of professional judges consulting with lay assessors (escabinado), the Spanish jury system is now fully functional and diligently applies its sometimes extremely complex content. The rules on jury selection mean that the selection process is tong and somewhat tedious in both theory and practice. However, theory and practice can differ in jury trials, as a …

Why Do You Persecute Me? Proving The Nexus Requirement For Asylum, Christian Cameron

University of Miami International and Comparative Law Review

No abstract provided.

Out Of The Desert And To The Oasis: Legislation On Predatory Debt Investing, Ryan E. Avery

University of Miami International and Comparative Law Review

No abstract provided.

The Legal Process Of Cultural Genocide: Chinese Destruction Of Tibetan Culture V. U.S. Destruction Of Native American Culture, Evan Mascagni

University of the District of Columbia Law Review

No abstract provided.

Amae And Belonging—An Encounter Of The Japanese Psyche And The Waning Of Belonging In America, Akira Morita

Brigham Young University Journal of Public Law

No abstract provided.

Underneath The Radar: The Impact Of Same-Sex Sexuality And Secularism On Education In South Africa, Marius H. Smit

Brigham Young University Education and Law Journal

No abstract provided.

Incentives For Change: China's Cadre System Applied To Water Quality, Wyatt F. Golding

Washington International Law Journal

The Chinese government has struggled to enforce environmental law, due in part to local protectionism. In an attempt to overcome local protectionism, the 2008 Law on the Prevention and Control of Water Pollution uses the cadre system to incentivize local officials to enforce national water quality standards. This comment argues that the cadre system presents a pragmatic means of attaining enforcement of quantified environmental standards because it implements the already existing Chinese Communist Party’s system of vertical hierarchy that has proven relatively successful in achieving other social goals. The cadre system, however, will only produce clean water over the long-term …

Unjust Enrichment: An Alternative To Tort Law And Human Rights In The Climate Change Context?, Aura Weinbaum

Washington International Law Journal

It is generally accepted within the scholarly international community that global climate change is occurring and is due at least in part to anthropogenic activity. Strategies to mitigate climate change harms and adapt to inevitable climate change-induced consequences are influencing legal, political, and human rights frameworks. Thus far, international litigation attempts to hold emitters accountable have been unsuccessful: Tuvalu’s threat to sue the United States and Australia at the International Court of Justice, and the Inuit’s petition to the Inter-American Commission on Human Rights were both hampered by procedural and substantive legal issues. Perhaps in response, the United Nations and …

Victoria's Window Dressing: How The Environment Effects Act Of 1978 Failed At Bastion Point, Taylor K. Wonhoff

Washington International Law Journal

In 1978, Victoria’s Parliament enacted the Environment Effects Act 1978 (“EEA”), creating procedures by which the state could call for environmental impact assessments prior to beginning work on proposed construction projects. The EEA, however, is significantly flawed, in that it authorizes the Planning Minister, an elected official, the power not only to promulgate guidelines for the administration of the environmental assessment process, but also the power to determine whether the environmental effects of a project are outweighed by the economic or social benefits of the project’s completion. A case study involving Bastion Point offers a prime example of the effect …