scholarly journals The Right to a Well-Rested Jury

2020 ◽  
pp. 1459
Author(s):  
Caroline Howe
Keyword(s):  
Sleep Deprivation ◽  
State Legislatures ◽  
State Courts ◽  
Vast Amount ◽  
Trial Judges ◽  
Jury Deliberations ◽  
The Right ◽  
Scholarly Attention

The vast amount of control that state trial judges exercise over the dynamics of their courtrooms is well established. The length of trial days and jury deliberations, however, has received little scholarly attention. Longstanding research has conclusively established the disruptive effects of sleep deprivation on many of the mental facilities necessary for juries to competently fulfill their duties. By depriving juries of sleep, trial judges may be compromising the fair rights of criminal defendants for the sake of efficiency. This Note argues that trial judges must use their discretion to ensure juries are well-rested, keeping jurors’ needs in mind. Further, state legislatures have a responsibility to properly fund state courts and to pass legislation that ensures overlong tri-al days do not impact verdicts handed down.

Married Women's Economic Rights Reform in State Legislatures and Courts, 1839–1920

2018 ◽  
Vol 32 (2) ◽  
pp. 236-256
Author(s):  
Sara Chatfield
Keyword(s):  
State Legislatures ◽  
State Level ◽  
State Courts ◽  
Commercial Development ◽  
Economic Rights ◽  
Political Actors ◽  
Legal Reforms ◽  
American States ◽  
Multiple State ◽  
The Right

Beginning in 1839 and continuing through the early twentieth century, the American states passed laws expanding married women's economic rights, including the right to own property and sign contracts. In almost every state, these significant legal changes took place before women had the right to vote. I argue that married women's economic rights reform is best understood as a piecemeal, iterative process in which multiple state-level institutions interacted over time. This rights expansion often occurred as a by-product of male political actors pursuing issues largely unrelated to gender—such as debt relief and commercial development—combined with paternalistic views of women as needing protection from the state. State courts played a crucial role by making evident the contradictions inherent in vague and inconsistent legal reforms. Ultimately, male political actors liberalized married women's economic rights to the extent that they thought it was necessary to allow for the development of efficient and workable property rights in a commercial economy, leaving women's place in the economy partially but not fully liberalized.

Adversarial Medical and Scientific Testimony and Lay Jurors: A Proposal for Medical Malpractice Reform

1995 ◽  
Vol 21 (2-3) ◽  
pp. 281-300
Author(s):  
Jody Weisberg Menon
Keyword(s):  
General Theory ◽  
Legal System ◽  
Medical Malpractice ◽  
Common Knowledge ◽  
Common Law ◽  
Expert Witnesses ◽  
Malpractice Reform ◽  
The Right ◽  
Scholarly Attention ◽  
Scientific Testimony

Pleas for reform of the legal system are common. One area of the legal system which has drawn considerable scholarly attention is the jury system. Courts often employ juries as fact-finders in civil cases according to the Seventh Amendment of the Constitution: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved … .” The general theory behind the use of juries is that they are the most capable fact-finders and the bestsuited tribunal for arriving at the most accurate and just outcomes. This idea, however, has been under attack, particularly by those who claim that cases involving certain difficult issues or types of evidence are an inappropriate province for lay jurors who typically have no special background or experience from which to make informed, fair decisions.The legal system uses expert witnesses to assist triers of fact in understanding issues which are beyond their common knowledge or difficult to comprehend.

scholarly journals State Legislatures Have the Courage to Pass Antiabortion Laws and Test the Ideology of the “New” United States Supreme Court

2020 ◽  
Vol 3 (1) ◽  
pp. 136-150
Author(s):  
Jill Oeding
Keyword(s):  
United States ◽  
Supreme Court ◽  
State Legislatures ◽  
United States Supreme Court ◽  
The United States ◽  
The Supreme Court ◽  
Undue Burden ◽  
Constitutional Right ◽  
Reported Data ◽  
The Right

Many state legislatures are racing to pass antiabortion laws that will give the current Supreme Court the opportunity to review its stance on the alleged constitutional right to have an abortion. While the number of abortions reported to be performed annually in the United States has declined over the last decade, according to the most recent government-reported data, the number of abortions performed on an annual basis is still over 600,000 per year. Abortion has been legal in the United States since 1973, when the Supreme Court recognized a constitutional right to have an abortion prior to viability (i.e. the time when a baby could possibly live outside the mother’s womb). States currently have the right to forbid abortions after viability.  However, prior to viability, states may not place an “undue burden” in the path of a woman seeking an abortion. The recent appointments of two new Supreme Court justices, Neil Gorsich and Brett Kavanaugh, give pro-life states the best chance in decades to overrule the current abortion precedent. The question is whether these two new justices will shift the ideology of the court enough to overrule the current abortion precedent.

scholarly journals BENEFITS AND LIMITATIONS OF INTERNATIONAL ARBITRATION IN INTELLECTUAL PROPERTY LAW DISPUTES

2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Njegoslav Jović
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
State Courts ◽  
Property Law ◽  
International Arbitration ◽  
Intellectual Property Law ◽  
Judicial Practice ◽  
Primary Activity ◽  
Court Proceedings ◽  
The Right

In this paper, the author analyzes the benefits and limitationsof international arbitration in disputes that are subject to intellectual propertyrights. Intellectual property law disputes have special characteristics. In theevent of a dispute with an international element, there is a problem with thejurisdiction of state courts due to the principle of the territoriality of intellectualproperty rights. The titular of the right must initiate court proceedings in allcountries individually, leading to delays in procedures, multiplication of costsand uneven judicial practice. For these reasons, the author analyzes alternativedispute resolution through arbitration to determine whether this method ofdispute resolution is more acceptable to foreign courts.The author particularly pays attention to the WIPO Center for Arbitrationand Mediation as a permanent arbitration institution whose primary activity isthe resolution of disputes in the field of intellectual property rights.

scholarly journals Global Justice: Why not State jurisdictions in transnational financial disputes?

2020 ◽  
Vol 11 (3) ◽  
pp. 1483-1547
Author(s):  
Alejandro Gabriel Manzo
Keyword(s):  
Comparative Analysis ◽  
Sovereign Debt ◽  
Global Justice ◽  
Judicial System ◽  
State Courts ◽  
Sovereign State ◽  
Trial Judges ◽  
Debt Market ◽  
Argumentative Strategies ◽  
Reform Processes

Abstract The article brings the debate about Global Justice to the centre stage of the Sovereign Debt Restructuring (SDRs) field. The judicial system that intervenes in sovereign debt conflicts was not on the agenda of the last reform processes activated in this field. In the NML Capital vs. Argentina (NML) trial, judges from different instances and different jurisdictions issued declarations of the same dimensions related to the same object of litigation. The article makes a comparative analysis of the argumentative strategies that judges used at the time of justifying their positions in order to show the tensions in which they incurred. It is explained that: a) these tensions are the result of agents -the judges- that must take decisions in a context of crossroads where the expected option in accordance with usual legal practices would undermine their own position in the field of sovereign debt market; b) these crossroads are rooted in the structural limits of the judicial system in which these agents operate. Contrary to what official statements postulate, it is argued that these limits conspire against the possibility that state courts provide Justice in transnational disputes, in which they must judge another equally sovereign State.

Usage Data for Predicting User Trends and Behavioral Analysis in E-Commerce Applications

2021 ◽  
Vol 13 (4) ◽  
pp. 40-61
Author(s):  
Sathiyamoorthi V. ◽  
T. Nadana Ravishankar ◽  
Ilavarasi A. K. ◽  
Sridhar Udayakumar ◽  
Karthikeyan Harimoorthy ◽  
...  
Keyword(s):  
Online Shopping ◽  
Research Work ◽  
Behavioral Analysis ◽  
Market Conditions ◽  
User Interactions ◽  
Vast Amount ◽  
User Access ◽  
Internet Environment ◽  
The Right ◽  
Day By Day

Reviewing and buying the right goods from online websites is growing day by day in today's fast internet environment. Numerous goods in the same label are available to consumers. It is thus a difficult job for consumers to pick up the correct commodity at a decent price under different market conditions. Therefore, it is important for owners of online shopping websites to better understand their customers' needs and offer better services. For these reasons, the access log documented a vast amount of data related to user interactions with the websites. This access log therefore plays a key role in predicting user access trends and in recommending the best product to consumers. This research work therefore focuses on one such methodology for evaluating the pattern and behavioral analysis of users in e-commerce websites.

The Right to Die: State Courts Lead where Legislatures Fear to Tread

Law & Policy ◽  
1992 ◽  
Vol 14 (4) ◽  
pp. 337-380 ◽  
Author(s):  
JAMES M. HOEFLER ◽  
BRIAN E. KAMOIE
Keyword(s):  
State Courts ◽  
Right To Die ◽  
The Right

‘To be or not to be’: Hamlet’s Humanistic Quaestio

2019 ◽  
Vol 70 (296) ◽  
pp. 640-658
Author(s):  
Vanessa Lim
Keyword(s):  
Rhetorical Theory ◽  
The Subject ◽  
The Right ◽  
The University ◽  
Scholarly Attention ◽  
Do So

Abstract Hamlet’s ‘To be or not to be’ speech has long been the subject of intense scholarly attention. By situating the speech against the backdrop of classical and Renaissance rhetorical theory, this essay demonstrates that there is still much more to be said about it. The speech ostensibly examines a quaestio infinita or a thesis, and follows the rhetorical rule that the right way to do so is by the invocation of commonplaces. This reading of Hamlet’s speech is not only consistent with Shakespeare’s characterization of the university-educated prince, who frequently invokes commonplaces, but also has significant implications for our understanding of the play and Shakespeare’s own practice as a writer. The book that Hamlet is reading could well be his own commonplace collection, and it is perhaps in looking up his entries under the heading of ‘Death’ that Hamlet finds what he needs in order to examine his quaestio.

‘The first of the small nations’: the significance of central European small states in Irish nationalist political rhetoric, 1918–22

2020 ◽  
Vol 44 (165) ◽  
pp. 25-40
Author(s):  
Lili Zách
Keyword(s):  
Political Rhetoric ◽  
First World War ◽  
Self Determination ◽  
Small States ◽  
World War ◽  
Central European ◽  
The First World War ◽  
The Right ◽  
First World ◽  
Scholarly Attention

AbstractOffering new insights into Irish links with the wider world, this article explores and contextualises Irish nationalist perceptions of and links with central European small states in the immediate aftermath of the First World War. The belief that any small nation like Ireland, oppressed by a dominant neighbour, had the right to self-determination was of key importance in nationalist political rhetoric during the revolutionary years. Given the similarity of circumstances among newly independent small states, Irish commentators were aware of the struggles Ireland shared with the successors of the Austro-Hungarian Empire. Personal encounters on the continent, as well as news regarding small nations in central Europe, shaped Irish opinions of the region. Certainly, the images presented by Irish commentators reflected their own political agendas and were therefore often deliberately idealistic. Nonetheless, they served a specific purpose as they were meant to further Ireland's interest on the international stage. Looking beyond Ireland for lessons and examples to follow became a frequent part of Irish nationalist political rhetoric. By directing scholarly attention to a hitherto less explored aspect of Irish historiography, this article aims to highlight the complexity of Ireland's connection with the continent within the framework of small nations, from a transnational perspective.

Too Many Black Men: The Sentencing Judge's Dilemma

1998 ◽  
Vol 23 (04) ◽  
pp. 823-856 ◽  
Author(s):  
Doris Marie Provine
Keyword(s):  
Black Men ◽  
State Legislatures ◽  
Legal Reform ◽  
Judicial Discretion ◽  
Sentencing Guidelines ◽  
Trial Courts ◽  
Judicial Control ◽  
Criminal Offenses ◽  
Trial Judges ◽  
Emerging Pattern

Legal reform sometimes has unanticipated, even ironic, results. A good example is federal legislation adopted in the 1980s that was supposed to enhance equity in sentencing. Congress, like many state legislatures in this period, reduced judicial control over sentencing by adopting presumptive sentencing guidelines for all serious criminal offenses and mandatory sentences for some specific crimes. Reformers did succeed in reducing judicial discretion in the sentencing process, but racial disparities have gotten much worse. Unprecedented numbers of minorities, particularly black men, are going to jail for long terms. The situation leaves trial judges in a difficult position. They are legally bound to implement a sentencing regime that many of them believe is racially discriminatory. Herbert Jacob's work on criminal trial courts provides a framework for investigating this problem. As Jacob's organizational approach predicts, judges were initially more troubled by the diminution of their powers than by the emerging pattern of increased minority incarceration. Nevertheless, some judges have criticized the racial implications of the sentencing law, protesting in various, resourceful ways. Judicial resistance to a law on moral grounds, though rare, is significant because it represents a break in the ranks of officialdom that enhances the moral credibility of critics of the current law.

Sign in / Sign up

Export Citation Format

Share Document