Civil Juries And The Politics Of Reform

Author : Stephen Daniels,Joanne Martin
Publisher : Northwestern University Press
Page : 348 pages
File Size : 43,9 Mb
Release : 1995
Category : Law
ISBN : 0810111217

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Civil Juries and the Politics of Reform by Stephen Daniels,Joanne Martin Pdf

Stephen Daniels and Joanne Martin have analyzed patterns in jury verdicts in a number of substantive legal areas, including medical malpractice, products liability, and punitive damages, against the background of the larger political and academic debate over tort reform. Civil Juries and the Politics of Reform brings together and summarizes the authors' extensive empirical research on civil jury verdicts in the context of that debate. Some commentators are arguing that there is a substantial gap between the image of juries and civil justice that is driving tort reform and what is known of the reality of the civil justice system. The authors use their discussion of juries not simply to help inform the policy debate but to analyze tort reform as a public policy issue for what it tells about the policy process itself.

Author : John Gastil,E. Pierre Deess,Philip J. Weiser,Cindy Simmons
Publisher : Oxford University Press, USA
Page : 288 pages
File Size : 41,5 Mb
Release : 2010-10-13
Category : Political Science
ISBN : 9780199888535

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The Jury and Democracy: How Jury Deliberation Promotes Civic Engagement and Political Participation by John Gastil,E. Pierre Deess,Philip J. Weiser,Cindy Simmons Pdf

Alexis de Tocqueville, John Stuart Mill, and the U.S. Supreme Court have all alleged that jury service promotes civic and political engagement, yet none could prove it. Finally, The Jury and Democracy provides compelling systematic evidence to support this view. Drawing from in-depth interviews, thousands of juror surveys, and court and voting records from across the United States, the authors show that serving on a jury can trigger changes in how citizens view themselves, their peers, and their government--and can even significantly increase electoral turnout among infrequent voters. Jury service also sparks long-term shifts in media use, political action, and community involvement. In an era when involved Americans are searching for ways to inspire their fellow citizens, The Jury and Democracy offers a plausible and realistic path for turning passive spectators into active political participants.

Author : Brian H. Bornstein,Edie Greene
Publisher : Oxford University Press
Page : 417 pages
File Size : 46,9 Mb
Release : 2017
Category : Law
ISBN : 9780190201340

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The Jury Under Fire by Brian H. Bornstein,Edie Greene Pdf

"[This book] reviews a number of controversial beliefs about juries as well as the implications of these views for jury reform. It reviews up-to-date research on both criminal and civil juries that uses a variety of research methodologies: simulations, archival analyses, field studies, and juror interviews. Each chapter focuses on a mistaken assumption or myth about jurors or juries, critiques these myths, and then uses social science research findings to suggest appropriate reforms. Chapters discuss the experience of serving as a juror; jury selection and jury size; and the impact of evidence from eyewitnesses, experts, confessions, and juvenile offenders. The book also covers the process of deciding damages and punishment and the role of emotions in jurors' decision making, and it compares jurors' and judges' decisions. Finally, it reviews a broad range of efforts to reform the jury, including the most promising reforms that have a solid backing in research. " -- Publisher's website.

Author : Matthew J. Wilson,Hiroshi Fukurai,Takashi Maruta
Publisher : Edward Elgar Publishing
Page : 208 pages
File Size : 44,5 Mb
Release : 2015-08-28
Category : Law
ISBN : 9781783479191

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Japan and Civil Jury Trials by Matthew J. Wilson,Hiroshi Fukurai,Takashi Maruta Pdf

With effective solutions in both criminal and civil disputes at a premium, reformers have advanced varied forms of jury systems as a means of fostering positive political, economic, and social change. Many countries have recently integrated lay partici

Author : Thom Brooks
Publisher : Routledge
Page : 532 pages
File Size : 51,9 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351541008

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The Right to a Fair Trial by Thom Brooks Pdf

The right to a fair trial is often held as a central constitutional protection. It nevertheless remains unclear what precisely should count as a 'fair' trial and who should decide verdicts. This already difficult issue has become even more important given a number of proposed reforms of the trial, especially for defendants charged with terrorism offences. This collection, The Right to a Fair Trial, is the first to publish in one place the most influential work in the field on the following topics: including the right to jury trial; lay participation in trials; jury nullification; trial reform; the civil jury trial; and the more recent issue of terrorism trials. The collection should help inform both scholars and students of both the importance and complexity of the right to a fair trial, as well as shed light on how the trial might be further improved.

Author : Thomas Koenig,Michael Rustad
Publisher : NYU Press
Page : 363 pages
File Size : 48,5 Mb
Release : 2003-10
Category : Law
ISBN : 9780814747582

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In Defense of Tort Law by Thomas Koenig,Michael Rustad Pdf

Tort law is a good thing (whatever it is....).

Author : Anonim
Publisher : Unknown
Page : 364 pages
File Size : 51,5 Mb
Release : 2003
Category : Electronic
ISBN : UOM:39015090380000

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108-1 Hearing: Potential Congressional Responses to The Supreme Court's Decision In State Farm Mutual Automobile Ins. Co. V. Campbell, Etc., Serial No. 48, September 23, 2003, * by Anonim Pdf

Author : William Haltom,Michael McCann
Publisher : University of Chicago Press
Page : 361 pages
File Size : 55,9 Mb
Release : 2009-11-15
Category : Law
ISBN : 9780226314693

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Distorting the Law by William Haltom,Michael McCann Pdf

In recent years, stories of reckless lawyers and greedy citizens have given the legal system, and victims in general, a bad name. Many Americans have come to believe that we live in the land of the litigious, where frivolous lawsuits and absurdly high settlements reign. Scholars have argued for years that this common view of the depraved ruin of our civil legal system is a myth, but their research and statistics rarely make the news. William Haltom and Michael McCann here persuasively show how popularized distorted understandings of tort litigation (or tort tales) have been perpetuated by the mass media and reform proponents. Distorting the Law lays bare how media coverage has sensationalized lawsuits and sympathetically portrayed corporate interests, supporting big business and reinforcing negative stereotypes of law practices. Based on extensive interviews, nearly two decades of newspaper coverage, and in-depth studies of the McDonald's coffee case and tobacco litigation, Distorting the Law offers a compelling analysis of the presumed litigation crisis, the campaign for tort law reform, and the crucial role the media play in this process.

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution
Publisher : Unknown
Page : 364 pages
File Size : 47,6 Mb
Release : 2003
Category : Due process of law
ISBN : PURD:32754077084402

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Potential Congressional Responses to the Supreme Court's Decision in State Farm Mutual Automobile Ins. V. Cambell by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution Pdf

Author : Rorie Spill Solberg,Jennifer Segal Diascro,Eric Waltenburg
Publisher : Unknown
Page : 128 pages
File Size : 55,5 Mb
Release : 2020
Category : Law
ISBN : OCLC:1235769601

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Open Judicial Politics by Rorie Spill Solberg,Jennifer Segal Diascro,Eric Waltenburg Pdf

Author : G. Alan Tarr
Publisher : Routledge
Page : 370 pages
File Size : 47,5 Mb
Release : 2019-06-04
Category : Political Science
ISBN : 9780429765568

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Judicial Process and Judicial Policymaking by G. Alan Tarr Pdf

An excellent introduction to judicial politics as a method of analysis, the seventh edition of Judicial Process and Judicial Policymaking focuses on policy in the judicial process. Rather than limiting the text to coverage of the U.S. Supreme Court, G. Alan Tarr examines the judiciary as the third branch of government, and weaves four major premises throughout the text: 1) Courts in the United States have always played an important role in governing and their role has increased in recent decades; 2) Judicial policymaking is a distinctive activity; 3) Courts make policy in a variety of ways; and 4) Courts may be the objects of public policy, as well as creators. New to the Seventh Edition ■ New cases through the end of the Supreme Court’s 2018 term. ■ New case studies on the Garland-Gorsuch controversy; plea negotiation (of special relevance to the Trump administration); and the litigation over Obamacare, as well as brief coverage of the Kavanaugh confirmation. ■ Expanded coverage of the crisis in the legal profession, sentencing with attention to the rise of mass incarceration and the issue of race, constitutional interpretation and the rise of “originalism,” and same-sex marriage. ■ Updated tables and figures throughout. ■ A new online e-Resource including edited cases, a glossary of terms, and resources for further learning. This text is appropriate for all students of judicial process and policy.

Author : Albert P. Melone,Allan Karnes
Publisher : Rowman & Littlefield
Page : 724 pages
File Size : 45,6 Mb
Release : 2008
Category : Law
ISBN : 0742547531

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The American Legal System by Albert P. Melone,Allan Karnes Pdf

Firmly anchored in social science concepts, the second edition of The American Legal System demonstrates the relationships among private law, the business legal environment, and public law issues, as well as related subjects of interest. This fifteen-chapter book is divided into three parts. Part I places the legal system in a political perspective centering on the origins of the law, schools of jurisprudence, branches and functions of law, legitimacy of law, how the judiciary functions in the federal system of government, and judicial interpretation and decision making. Part II contrasts legal processes: civil suits for money damages, criminal processes, equity justice, administrative processes, and alternative dispute resolution. Part III centers on the legal norms or rules governing both civil and criminal conduct, property law, family law, contract law, and government regulation of business. Throughout, the text features edited court opinions--many new to this edition--illustrating lively and thought-provoking controversies that are certain to spark student interest. Among the many compelling issues addressed are the legal and constitutional controversies surrounding the Bush Administration's "War on Terror," and the socially explosive developments concerning same-sex marriage. In addition, each chapter includes at least three comparative notes showing how other legal cultures in different nation-states treat legal matters. A wealth of pedagogical features--chapter-opening objectives; key terms, names, and concepts; a glossary, discussion questions, and appendices--are included to aid student comprehension. The authors have prepared an Instructor's Manual and Test Bank to facilitate the book's use in the classroom.

Author : William L. Dwyer
Publisher : Macmillan
Page : 305 pages
File Size : 42,5 Mb
Release : 2004-08-01
Category : Law
ISBN : 9781429973298

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In the Hands of the People by William L. Dwyer Pdf

In a passionate warning that is not only well-reasoned, as becomes a renowned former trial lawyer and present federal judge, but is also a compelling and entertaining read, William L. Dwyer defies those who would abolish our jury system and hand over its power to judges or to panels of "experts." He aims, by making his readers aware of what should be done, to help us save what he calls "America's most democratic institution." In an overview of litigation's universe, Dwyer goes back several centuries to describe the often terrifying ways our ancestors arrived at verdicts of guilt or innocence. Tracing the evolution of our present-day system, he gives us excerpts from the actual records of such trials as that of young William Penn, arrested for preaching Quaker beliefs in public; the Salem witch trials; and the landmark civil rights trial of 18th century newspaper publisher John Peter Zenger, whose attorney was the original "Philadelphia lawyer." Along with these famous courtroom episodes are many never before described in print, all of them infused with the drama that gives life to the law. Dwyer's language is clear and engaging - a pleasant surprise for readers apprehensive about legal gobbledygook. He has a store of courtroom "war stories," some inspiring, some alarming, many enlivened by gleams of the author's wry humor. Underlying that humor, however, is the judge's fear that the jury system is endangered by neglect and misunderstanding, and could be lost without the public being aware of what is happening. The book shows that despite much adverse publicity, the American jury still works capably, at times brilliantly, when given a fair chance by the legal professionals who run trials. Consequently, the author deals with what has gone wrong with American litigation, the controversy over the jury's competence and integrity, and trial and pretrial reforms that must be made to save trial by jury and reshape American litigation in the twenty-first century.

Author : Bethel G. A. Erastus-Obilo
Publisher : Universal-Publishers
Page : 348 pages
File Size : 51,9 Mb
Release : 2008-10-30
Category : Electronic
ISBN : 9781599426891

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The Place of the Explained Verdict in the English Criminal Justice System: Decision-making and Criminal Trials by Bethel G. A. Erastus-Obilo Pdf

Lay participation in the criminal justice process in the form of a jury is a celebrated phenomenon throughout the common law jurisdictions. While not claiming credit for its origin, England, as the latent cradle of the modern jury, disseminated this mode

Author : Holly J. McCammon
Publisher : Cambridge University Press
Page : 317 pages
File Size : 50,6 Mb
Release : 2012-04-30
Category : History
ISBN : 9781107009929

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The U.S. Women's Jury Movements and Strategic Adaptation by Holly J. McCammon Pdf

This book explores efforts by women to gain the right to sit on juries in the United States. After they won the vote, many organized women in the early twentieth century launched a new campaign to further expand their citizenship rights. The work here tells the story of how women in fifteen states pressured lawmakers to change the law so that women could take a place in the jury box. The history shows that the jury movements that tailored their tactics to the specific demands of the political and cultural context succeeded more rapidly in winning a change in jury law.