To Conform Or Not To Conform: An Examination Of The Effects Of Mock Jury Deliberation On Individual Jurors,
2013
East Tennessee State University
To Conform Or Not To Conform: An Examination Of The Effects Of Mock Jury Deliberation On Individual Jurors, Ashley S. Bowser
Electronic Theses and Dissertations
The jury method is a unique social setting in the Criminal Justice system that provides opportunity for social influence to occur. Questions about the formation of jurors’ individual and collective decisions have stimulated a great deal of interest and research. This study is a review of the juror decision-making process and the various sources of influence that can affect it. Mock jurors were asked to review a mock criminal trial as well as the testimony of 2 witnesses. Upon reviewing the case, a predeliberation verdict (guilty or not guilty) and the degree of certainty of that decision was made. Once …
Standing's Expected Value,
2013
Emory University School of Law
Standing's Expected Value, Jonathan Remy Nash
Michigan Law Review
This Article argues in favor of standing based on expected value of harm. Standing doctrine has been constructed in a way that is oblivious to the idea of expected value. If people have suffered a loss with a positive expected value, they have suffered an "injury in fact." The incorporation of expected value into standing doctrine casts doubt on many of the Supreme Court's decisions in which it denies standing because the relevant injury is too "speculative" or is not "likely" to be redressed by a decree in the plaintiff's favor. This Article addresses this shortcoming in standing jurisprudence by …
Dicta, Schmicta: Theory Versus Practice In Lower Court Decision Making,
2013
William & Mary Law School
Dicta, Schmicta: Theory Versus Practice In Lower Court Decision Making, David Klein, Neal Devins
William & Mary Law Review
The distinction between dictum and holding is at once central to the American legal system and largely irrelevant. In the first systematic empirical study of lower court invocations of the distinction, we show that lower courts hardly ever refuse to follow a statement from a higher court because it is dictum. Specifically, federal courts of appeals meaningfully invoke the distinction in about 1 in 4000 cases; federal district courts in about 1 in 2000 cases; and state courts in about 1 in 4000 cases. In this Essay, we report these findings, describe our coding system, and offer a preliminary assessment …
The Federal Circuit As A Federal Court,
2013
Boston University School of Law
The Federal Circuit As A Federal Court, Paul Gugliuzza
Faculty Scholarship
The U.S. Court of Appeals for the Federal Circuit has exclusive jurisdiction over patent appeals and, as a consequence, the last word on many legal issues important to innovation policy. This Article shows how the Federal Circuit augments its already significant power by impeding other government institutions from influencing the patent system. Specifically, the Federal Circuit has shaped patent-law doctrine, along with rules of jurisdiction, procedure, and administrative law, to preserve and expand the court’s power in four interinstitutional relationships: the court’s federalism relationship with state courts, its separation of powers relationship with the executive and legislative branches, its vertical …
Women Of Color In The Judiciary: An American Dream,
2013
Pepperdine University
Women Of Color In The Judiciary: An American Dream, Charles Z. Smith
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Opening The Floodgates Of Decision-Making At The Missouri Administrative Hearing Commission,
2013
Pepperdine University
Opening The Floodgates Of Decision-Making At The Missouri Administrative Hearing Commission, Daniel R.E. Jordan
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Florida's Continuing Experiment With The Central Panel Process: The Division Of Administrative Hearings,
2013
Pepperdine University
Florida's Continuing Experiment With The Central Panel Process: The Division Of Administrative Hearings, William R. Dorsey
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process,
2013
Pepperdine University
Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Marco V. Doherty: Forcing An Agency To Play By Its Own Rules: Administrative Res Judicata,
2013
Pepperdine University
Marco V. Doherty: Forcing An Agency To Play By Its Own Rules: Administrative Res Judicata, Matt Bove
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Many Faces Of High-Volume Administrative Adjudication: Structure, Organization, And Management,
2013
Pepperdine University
The Many Faces Of High-Volume Administrative Adjudication: Structure, Organization, And Management, Daniel L. Skoler
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Law: Working Together For Professionalization - Administrative Law Judges, The Judiciary, And The Community ,
2013
Pepperdine University
Administrative Law: Working Together For Professionalization - Administrative Law Judges, The Judiciary, And The Community , Elizabeth B. Lacy
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Possible Application Of The Rooker-Feldman Doctrine To State Agency Decisions: The Seventh Circuit's Opinion In Van Harken V. City Of Chicago,
2013
Pepperdine University
Possible Application Of The Rooker-Feldman Doctrine To State Agency Decisions: The Seventh Circuit's Opinion In Van Harken V. City Of Chicago, Rebecca Schmucker
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Res Judicata: California V. Sims,
2013
Pepperdine University
Res Judicata: California V. Sims, Alan Saltzman
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Primary Jurisdiction And State Courts: A Modern Proposal For Uniformity,
2013
Pepperdine University
Primary Jurisdiction And State Courts: A Modern Proposal For Uniformity, William B. Haseltine
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Managing Your Docket Effectively And Efficiently,
2013
Pepperdine University
Managing Your Docket Effectively And Efficiently, Edward J. Schoenbaum
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Administrative Procedure Act And The Military Departments,
2013
Pepperdine University
The Administrative Procedure Act And The Military Departments, Thomas R. Folk
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Impeachment In Administrative Cases,
2013
Pepperdine University
Impeachment In Administrative Cases, Calvin William Sharpe
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Sequestering Witnesses: Does The Practice Interfere With Defendants' Constitutional Rights?,
2013
Pepperdine University
Sequestering Witnesses: Does The Practice Interfere With Defendants' Constitutional Rights?, Harold Baer Jr.
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Naalj Affiliates With The National Center For The State Courts: Agreement,
2013
Pepperdine University
Naalj Affiliates With The National Center For The State Courts: Agreement, Margaret Giovanniello, Keith L. Bumsted
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Federal Court Interpretation Of Attorney's Fees Provision Of Equal Access To Justice Act As It Applies To Hearings Of The United States Department Of Agriculture: United States Department Of Agriculture V. Lane,
2013
Pepperdine University
Federal Court Interpretation Of Attorney's Fees Provision Of Equal Access To Justice Act As It Applies To Hearings Of The United States Department Of Agriculture: United States Department Of Agriculture V. Lane, Tamara Carnovsky
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
