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Browse Right to trial by jury topic

Laws, regulations and rules subtopic


1-84 out of 84 article(s)
Title Author Type Date Words
A Primer on Florida's New Summary Judgment Standard. Etter, Joseph W.; Kapusta, Julia Jul 1, 2021 4001
Fraudulent Transfers and Juries: Was Granfinanciera Rightly Decided? Carlson, David Gray Mar 22, 2021 16759
Death Qualification and the Right to Trial by Jury: An Originalist Assessment. Colby, Douglas Jun 22, 2020 11577
Jury waiver signed in courthouse cell valid. Bridges, Barry Apr 11, 2019 1507
Right to jury trial in ELCRA claims against the state. Smiley, Agenique Jun 7, 2018 1206
Disregarding Statutory Safeguards: The Supreme Court of Missouri's Failure to Recognize Manifest Injustice in Predatory Sexual Offender Determinations. Vincent, Lauren Mar 22, 2018 14130
Missouri's statutory cause of action for medical negligence: legitimate application of legislative authority or violation of constitutional rights? Mace, Emily Jun 22, 2016 7730
Designing plea bargaining from the ground up: accuracy and fairness without trials as backstops. Bibas, Stephanos Mar 1, 2016 9208
To instruct, or not to instruct, that is the question: State v. Jackson. Guemmer, Jared Jun 22, 2015 10873
Preserving the civil jury right: reconsidering the scope of the Seventh Amendment. Czerwier, Joseph Dec 22, 2014 14136
We the people: juries, not judges, should be the gatekeepers of expert evidence. Pikus, Krista M. Nov 1, 2014 15203
Procedural rights at sentencing. Hessick, Carissa Byrne; Hessick, F. Andrew Nov 1, 2014 25973
Vindicating vindictiveness: prosecutorial discretion and plea bargaining, past and future. Lieb, Doug Jan 1, 2014 6958
Vindicating vindictiveness: prosecutorial discretion and plea bargaining, past and future. Lieb, Doug Jan 1, 2014 18006
Special juries in the Supreme Court. Shelfer, Lochlan F. Oct 1, 2013 19951
A new trial has been granted. Brief article Jul 1, 2013 251
A trying balance: determining the trier of fact in hybrid admiralty-civil cases. Kurland, Lily Jun 1, 2013 13870
Federalism and the state civil jury rights. Hamilton, Eric J. Apr 1, 2013 24182
The constitutionality of caps: upholding Missouri's right to jury trial and the non-economic damages debate. Lawrence, Rachel Mar 22, 2013 16345
Text, history, and tradition: what the Seventh Amendment can teach us about the second. Miller, Darrell A.H. Jan 1, 2013 9383
Text, history, and tradition: what the Seventh Amendment can teach us about the Second. Miller, Darrell A.H. Jan 1, 2013 31973
The disappearance of civil trial in the United States. Langbein, John H. Dec 1, 2012 3173
The disappearance of civil trial in the United States. Langbein, John H. Dec 1, 2012 21209
Nonincorporation: the Bill of Rights after McDonald v. Chicago. Thomas, Suja A. Nov 1, 2012 20228
What you have said in the dark: the evolution of media in the courtroom and the new challenges of containing the jury's information space. Nesson, Charles Jun 22, 2012 7940
Assessing divisibility in the Armed Career Criminal Act. Koehler, Ted Jun 1, 2012 16517
The American jury: can noncitizens still be excluded? Motomura, Amy R. Jun 1, 2012 23109
The admissibility of expert opinion and the bases of expert opinion in sex offender civil management trials in New York. Duffy, Colleen D. Dec 22, 2011 22555
An overview of the capital jury project for military justice practitioners: jury dynamics, juror confusion, and juror responsibility. Carpenter, Eric R. May 1, 2011 17734
Clarifying the implied bias doctrine: bringing greater certainty to the voir dire process in the military justice system. Staten, Philip Mar 1, 2011 16202
Two cheers, not three, for Sixth Amendment originalism. Bibas, Stephanos Jan 1, 2011 3301
Ten rules for great jury selection: with some lessons from Texas case law. Harrison, Cliff Jan 1, 2011 9702
The Iphone and Blackberry mistrials: the factors courts consider and proposed solutions. Kourinian, Arsen Jul 1, 2010 6282
A foothold for real democracy in Eastern Europe: how instituting jury trials in Ukraine can bring about meaningful governmental and juridical reforms and can help spread these reforms across Eastern Europe. Sheyn, Elizabeth R. May 1, 2010 26407
The reverse-Batson: wrestling with the habeas remedy. Tetelbaum, Elina May 1, 2010 4584
Sentencing law - Sixth Circuit affirms sentence enhancement based on acquitted conduct. Woodworth, Jaclyn N. Jan 1, 2010 3976
Federalism by jury in United States v. Fell. Lopez, Miguel A. Jan 1, 2010 5207
The need for discovery reform. Campbell, James M. President's page Jan 1, 2010 1199
Magna Carta, the interstices of procedure, and Guantanamo. May, Larry Dec 22, 2009 10948
The right to a jury trial is not guaranteed in an action nonexistent at common law. Oct 1, 2009 722
Death is different: the need for jury unanimity in death penalty cases. Cantero, Raoul G.; Kline, Robert M. Sep 22, 2009 14466
Toward a more reliable fact-finder in patent litigation. Tindell, Amy Jun 22, 2009 8808
Reassessing jury service citizenship requirements. Lombardi, Mary Mar 22, 2009 18753
Are pre-dispute jury trial waivers a bargain for employers over arbitration? It depends on the employee. Elloie, Christian N. Jan 1, 2009 10015
Testing Japan's convictions: the lay judge system and the rights of criminal defendants. Soldwedel, Arne F. Nov 1, 2008 28505
Death by a thousand cases: after Booker, Rita, and Gall, the Guidelines still violate the Sixth Amendment. Holman, David C. Oct 1, 2008 16091
Trial by media: the betrayal of the First Amendment's purpose. Phillipson, Gavin Sep 22, 2008 8354
The good fight. Weisbrod, Les President's page Sep 1, 2008 806
Federal sentencing in 2007: the Supreme Court holds - the center doesn't. Richman, Daniel May 1, 2008 20542
It's what we do! Mitchell, Teresa May 1, 2008 234
The new Illinois right-to-sue law for employment discrimination: the Illinois Human Rights Act now provides for a right to a jury in the Illinois Circuit Court in employment discrimination cases. But with that new power comes a new set of tactical decisions for parties and practitioners. Here's a look at some of the most important issues. Balogh, Stephen E.; Schmidt, Randall D.; Marcus, Lindsey Jan 1, 2008 2851
The legacy of Forsey v. Cunningham: safeguarding the integrity of the right to trial by jury. Carney, Thomas E.; Kolb, Susan Essay Dec 22, 2007 10867
In case of Italian government's sale of majority share in Alitalia Airlines after Alitalia's removal of a case against it to federal court without jury under the FSIA, the Seventh Circuit holds that FSIA's bar on jury trials continues to apply. Nov 1, 2007 727
Sentencing acquitted conduct to the post-Booker dustbin. Bilsborrow, James J. Oct 1, 2007 17486
Were women excluded from jury because of gender? Tammelleo, A. David Aug 1, 2007 779
Alaska's responses to the Blakely case. Carns, Teresa W. Jun 1, 2007 8255
"Overshift": the unconstitutional double burden-shift on affirmative defenses in the new article 120. Hoege, Howard H., III May 1, 2007 12768
If you (re)build it, they will come: contracts to remake the rules of litigation in arbitration's image. Noyes, Henry S. Mar 22, 2007 30306
Terrorism and trial by jury: the vices and virtues of British and American criminal law. Donohue, Laura K. Mar 1, 2007 20637
Challenging the constitutionality of the Illinois consecutive sentencing statute. Gallagher, Patrick Feb 1, 2007 3760
Let the jury do the waive: how Apprendi v. New Jersey applies to juvenile transfer proceedings. Vannella, Daniel M. Nov 1, 2006 18914
We the people. Bookman, Alan B. President's page May 1, 2006 761
American Indians, crime, and the law. Washburn, Kevin K. Feb 1, 2006 36124
Rulings on jury waiver, mandatory arbitration affirm right to jury trial. Jurand, Sara Hoffman Oct 1, 2005 907
The jury's dilemma: playing God in the search for justice: solving the problems lurking in America's courtrooms. Castaneda, Juan Oct 1, 2005 7295
The impact of Ring v. Arizona on military capital sentencing. Visger, Mark A. Sep 1, 2005 18214
Creeping mandatory arbitration: is it just? Sternlight, Jean R. Apr 1, 2005 22303
Foreword: beyond Blakely and Booker: pondering modern sentencing process. Berman, Douglas A. Mar 22, 2005 15810
Everything old is new again: Justice Scalia's activist originalism in Schriro v. Summerlin. Johnson, Marc E. Mar 22, 2005 18491
Jurors' discussion of personal expertise not prejudicial, court holds. Sileo, Carmel Mar 1, 2005 948
Overlooking a Sixth Amendment framework. Cyrulnik, Jason Colin Jan 1, 2005 3986
ATLA's law firm takes 'reform' fight to the courts: when the right to trial by jury is threatened, the Center for Constitutional Litigation steps in to support the plaintiff side. Peck, Robert S. Jul 1, 2004 3228
Should juvenile adjudications count as prior convictions for Apprendi purposes? Hochberg, Jeremy W. Feb 1, 2004 13331
Reforming the jury override: protecting capital defendants' rights by returning to the system's original purpose. Richardson, John M. Jan 1, 2004 11428
Perspectives from the front lines. Casey, David S., Jr. President's Page Nov 1, 2003 784
The indulgence of reasonable presumptions: Federal Court contractual civil jury trial waivers. Andersen, Joel Oct 1, 2003 11001
"Let's make a deal"; the problem of vindictive sentencing: judges have nearly unlimited discretion in sentencing defendants to maximum statutory sentences. The facial legality of maximum sentences can lead to increases in vindictive sentencing claims. Lewis, Mark F. Oct 1, 2002 3851
Throwing away the key on society's youngest sex offenders. Turoff, Alison G. Jun 22, 2001 9919
Silence cannot be harmless. Chernack, Gregory S. May 1, 1997 3367
Trial by summary judgment? Erosion of the Seventh Amendment. McFadden, Douglas B. Jul 1, 1996 2650
Unlocking the jury box. Amar, Akhil Reed; Amar, Vikram David May 1, 1996 4806

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