All Articles tagged jury

• New York Appeals
  September 04, 2024 EDT
  TEN YEARS LATER: FURTHER SUBSTANTIAL DEVIATION BY APPELLATE COURTS IN APPLYING THE “DEVIATES MATERIALLY” STANDARD OF REVIEW
  Richard J. MontesKathryn M. BeerAlexis Sarnicola

  This Article examines increases in pain and suffering awards in burn, brain damage, and asbestos cases and the inconsistency with which the "deviates materially" standard is applied under CPLR 5501(c).

• Justice Commentaries
  May 11, 2021 EDT
  Criminal Jury Instructions: A Case Study
  Michael D. Cicchini

  This Article explores the importance of jury instructions and provides a legal strategy to modify the Wisconsin jury instructions, recently revealed to have been drafted by University of Wisconsin-Madison employees.

• Justice Commentaries
  September 27, 2020 EDT
  ADRIFT IN THE INTERSTICES OF LAW AND JUSTICE: DIVINING RIGHT AND WRONG IN THE SAD, STRANGE CASE OF PEOPLE V. SCHMIDT
  James R. Acker

  If the question is whether Hans Schmidt’s conviction and execution were defensible in law and also consistent with justice, the answers, at a minimum, are debatable.

• New York Appeals
  February 20, 2020 EDT
  POLICE USE OF DEADLY FORCE: REVISING JUDICIAL AND STATUTORY STANDARDS TO LIMIT UNJUSTIFIED VIOLENCE
  David J. Wukitsch

  This article examines ways to help reduce unwarranted instances of lethal force by law enforcement, examining the Fourth Amendment and New York Penal Law.

• New York Appeals
  September 13, 2019 EDT
  WHAT HAPPENS IN VEGAS STAYS IN VEGAS: ASSERTING A TORT CLAIM IN NEW YORK COURTS AGAINST A FOREIGN CORPORATION ARISING FROM A NEW YORKER’S OUT-OF-STATE ACCIDENT POST-DAIMLER
  Michael J. HutterMark L. Powers

  This article examines the opportunities for asserting personal jurisdiction in a New York court over a foreign corporation for a tort claim arising from a New Yorker’s out-of-state accident post-Daimler.

• New York Appeals
  October 12, 2018 EDT
  THE STATE OF PHYSICAL INJURY AND SERIOUS PHYSICAL INJURY IN NEW YORK CRIMINAL LAW
  Colleen D. DuffyIvy Ozer

  This article reviews recent New York cases in criminal assault and highlights the differences in outcome among the judicial departments in their treatment of physical injury and serious physical injury.

• General
  January 01, 2018 EDT
  SILENCE AND REMORSELESSNESS
  Caleb J. Fountain

  This article takes the position that the self-incrimination clause of the Fifth Amendment prohibits an inference that defendant’s silence at sentencing is evidence of the defendant’s remorselessness.

• Justice Commentaries
  December 08, 2016 EDT
  RECANTATIONS AND THE PERJURY SWORD
  Russell D. Covey

  This essay sets forth the argument for reforming our approach to recantation evidence.

• Justice Commentaries
  August 03, 2015 EDT
  THE TRIALS OF INDIGENT DEFENSE: TYPE OF COUNSEL AND CASE OUTCOMES IN FELONY JURY TRIALS
  Erin York Cornwell

  This article outlines how disparities in resources and differences in courtroom roles may put public defenders at a distinct disadvantage in cases adjudicated through trial.

• Justice Commentaries
  August 03, 2015 EDT
  THE TRIALS OF INDIGENT DEFENSE: TYPE OF COUNSEL AND CASE OUTCOMES IN FELONY JURY TRIALS
  Erin York Cornwell

  This article outlines how disparities in resources and differences in courtroom roles may put public defenders at a distinct disadvantage in cases adjudicated through trial.

• State Constitutional Commentary
  January 05, 2015 EDT
  AVOIDING THE APPEARANCE OF IMPROPRIETY: MISSOURI AND KANSAS SUPREME COURT DECISIONS ON THE CONSTITUTIONALITY OF CAPS ON NONECONOMIC DAMAGES DEMONSTRATE THE NEED FOR OBJECTIVE PROCEDURES IN THE SELECTION OF SPECIAL JUDGES
  Stephen R. Clark

  This article calls for the institution of objective procedures for temporary judicial appointments.

• General
  May 13, 2014 EDT
  DON‘T TEXT, TALK, AND WALK: THE EMERGING SMARTPHONE DEFENSE IN PERSONAL INJURY LITIGATION
  Robert D. Lang

  This essay posits that our use of smartphones will continue to increase and people will use them in circumstances where they should not.

• New York Appeals
  January 01, 2014 EDT
  ARE THE APPELLATE COURTS DEVIATING FROM THE “DEVIATES MATERIALLY” STANDARD OF REVIEW?
  Richard J. MontesDavid A. Beatty

  This article examines whether New York state courts have applied the legislatively enacted "deviates materially from reasonable compensation" standard of judicial review in accordance with the statute's stated purpose.

• Justice Commentaries
  June 11, 2013 EDT
  THE DOUBLE JEOPARDY CLAUSE, NEWLY DISCOVERED EVIDENCE, AND AN “UNOFFICIAL” EXCEPTION TO DOUBLE JEOPARDY: A COMPARATIVE INTERNATIONAL PERSPECTIVE
  Steven V. DeBraccio

  In the absence of an express statute or constitutional provision permitting re-trials for acquitted defendants, could prosecutors use perjury prosecutions and subsequent civil and forfeiture proceedings used against defendants?

• New York Appeals
  March 03, 2012 EDT
  THE ADMISSIBILITY OF EXPERT OPINION AND THE BASES OF EXPERT OPINION IN SEX OFFENDER CIVIL MANAGEMENT TRIALS IN NEW YORK
  Colleen D. Duffy

  This article addresses NY‘s Sex Offender Management and Treatment Act and the role expert opinion plays in the trial of such cases.

• State Constitutional Commentary
  August 08, 2010 EDT
  WRONGFUL CONVICTIONS THEN AND NOW: LESSONS TO BE LEARNED
  James R. Acker

  Professor Acker's symposium remarks.

• General
  March 03, 2010 EDT
  RAND INSTITUTE FOR CIVIL JUSTICE REPORT ON THE ABUSE OF MEDICAL DIAGNOSTIC PRACTICES IN MASS TORT LITIGATION: LESSONS LEARNED FROM THE “PHANTOM” SILICA EPIDEMIC THAT MAY DETER LITIGATION SCREENING ABUSE
  Mark A. BehrensCorey Schaecher

  This review describes a report that carefully examines certain MDL 1553 litigation to identify lessons about the civil justice system’s ability to address abusive medical diagnostic practices.

• General
  August 08, 2007 EDT
  MORALITY-BASED LEGISLATION IS ALIVE AND WELL: WHY THE LAW PERMITS CONSENT TO BODY MODIFICATION BUT NOT SADOMASOCHISTIC SEX
  Kelly Egan

  This comment argues that for reasons of personal autonomy and privacy, a consent defense should be permitted in cases of consensual sadomasochistic sex without serious bodily injury.

• General
  August 08, 2007 EDT
  MORALITY-BASED LEGISLATION IS ALIVE AND WELL: WHY THE LAW PERMITS CONSENT TO BODY MODIFICATION BUT NOT SADOMASOCHISTIC SEX
  Kelly Egan

  This comment argues that for reasons of personal autonomy and privacy, a consent defense should be permitted in cases of consensual sadomasochistic sex without serious bodily injury.

• General
  March 03, 2007 EDT
  THE GOVERNMENTAL ATTORNEY-CLIENT PRIVILEGE: WHETHER THE RIGHT TO EVIDENCE IN A STATE GRAND JURY INVESTIGATION PIERCES THE PRIVILEGE IN NEW YORK STATE
  Stacy Lynn Newman

  This comment focuses on whether NYS supports the extension of the evidentiary attorney-client privilege to state government officials represented by government attorneys.

• General
  January 01, 2006 EDT
  UNWISE AND UNNECESSARY: STATUTORY CAPS ON NON-ECONOMIC DAMAGES IN MEDICAL MALPRACTICE CASES AND THE APPELLATE REVIEW ALTERNATIVE
  Ryan T. Emery

  This study concludes that after comparing the process of appellate review to a statutory cap, the former is the superior method for addressing the issue of excessive non-economic damage awards.