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Thaddeus Hoffmeister
Professor
Recent Activity
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Joshua Lee Sohn Specialized Juries for Patent Cases: An Empirical Proposal Abstract: This Article proposes that patent litigation could be greatly improved by trying complex patent cases before specialized juries, composed of individuals who are skilled in the art that... Continue reading
Posted 2 days ago at Juries
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Renee Lettow Lerner The Troublesome Inheritance of Americans in Magna Carta and Trial by Jury Abstract: Many Americans insisted on their traditional rights as Englishmen in the conflict with Britain before and after declaring independence. Magna Carta — particularly the... Continue reading
Posted 6 days ago at Juries
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Aliza Plener Cover Abstract: The Supreme Court’s inquiry into the constitutionality of the death penalty has overlooked a critical “objective indicator” of society’s “evolving standards of decency”: the rate at which citizens are excluded from capital jury service under Witherspoon... Continue reading
Posted Jun 16, 2016 at Juries
In Dietz v. Bouldin, the SCT in a 6-2 opinion held that "[a] federal district court has a limited inherent power to rescind a jury discharge order and recall a jury in a civil case for further deliberations after identifying... Continue reading
Posted Jun 13, 2016 at Juries
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Valerie Hans Nancy Marder Introduction to Juries and Mixed Tribunals Across the Globe: New Developments, Common Challenges and Future Directions Abstract: English Abstract: The introduction to the special issue describes the goals of the conference on Juries and Mixed Tribunals... Continue reading
Posted Jun 10, 2016 at Juries
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Suja Thomas The Missing Branch of the Jury Abstract: Over time, the criminal, civil, and grand juries have declined in power. Cost, incompetence, inaccuracy, and inefficiency are often cited as the reasons for this fall. Recognizing that authority that formerly... Continue reading
Posted Jun 3, 2016 at Juries
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The changes listed below were due in large part to Jefferson County Circuit Court Judge Olu Stevens who drew the ire of local prosecutors for dismissing non-diverse jury pools. Proposed changes Changes in the works at the state level by... Continue reading
Posted Jun 1, 2016 at Juries
Sun-Sentinel: Ex-juror facing misconduct allegations to try to avoid jail sentence at Thursday's hearing Continue reading
Posted May 26, 2016 at Juries
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Marie Comiskey Abstract: This article explores the potential of the decision tree (also referred to as a flow-chart, “Route to Verdict” or question-trail) to improve the legal comprehension of jurors in criminal trials. It examines why the decision tree has... Continue reading
Posted May 25, 2016 at Juries
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Today, the SCT released its opinion in Foster v. Chatman. Here is a brief summary of the opinion taken from the ABA's Criminal Justice Section. Summary: The Court held that the Georgia Supreme Court's holding that there was no purposeful... Continue reading
Posted May 23, 2016 at Juries
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Regina Schuller Caroline Erentzen The Challenge for Cause Procedure in Canadian Criminal Law Abstract: There is a longstanding presumption in Canadian law that jurors will act impartially in carrying out their duties, but this presumption may be challenged when the... Continue reading
Posted May 19, 2016 at Juries
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The New Jersey Law Journal has an interesting article (Allow Convicted Felons to Serve on Juries) examining felons and the reform efforts currently underway around the country to limit the collateral punishments imposed on them. For example, several jurisdictions are... Continue reading
Posted May 17, 2016 at Juries
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The American Society of Trial Consultants is holding its annual conference May 19-21 in Redondo Beach, CA. To register for the conference go here. A description of the conference can be found below. Join us in dynamic Redondo Beach, California,... Continue reading
Posted May 11, 2016 at Juries
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For those who have access to the ABA Litigation News, I highly recommend an article written by Judge Mark A. Drummond entitled Do-It-Yourself Jury Surveys. The article discusses creating a post-trial juror survey and the value it can provide. Continue reading
Posted May 5, 2016 at Juries
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The U.S. Supreme Court has granted cert in Dietz v. Bouldin. The question before the high court is whether, after a judge has discharged a jury from service in a case and the jurors have left the judge's presence, the... Continue reading
Posted May 5, 2016 at Juries
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Anyone familiar with the jury selection process knows that it can be somewhat tedious. With this in mind, the District Clerk in Harris County, Texas thought that it might be a good idea to liven up the wait by bringing... Continue reading
Posted May 5, 2016 at Juries
Posted May 2, 2016 at Juries
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The Tennessean: Nashville Juror's Objection on Race Leads to New Trial Continue reading
Posted Apr 26, 2016 at Juries
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ABC News: California Jurors Misusing the Internet Could Face Fines Continue reading
Posted Apr 24, 2016 at Juries
NJ.com: Defense in death penalty case says secret jury unfair to defendant Continue reading
Posted Apr 22, 2016 at Juries
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Robert P. Burns Abstract: Descriptive and normative discussions of whether the jury trial is or should be a political institution are complicated by the systematic ambiguity of the most important terms in this discussion. One influential perspective understands a political... Continue reading
Posted Apr 21, 2016 at Juries
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Here is a humorous piece from the New Yorker that describes the various excuses put forward during the author's alleged attempt to avoid jury duty. The New Yorker: All the Excuses that Didn't Work to Get me Out of Jury... Continue reading
Posted Apr 20, 2016 at Juries
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Kendall Meredith Knight Abstract: In 1868, the Fourteenth Amendment to the United States Constitution was passed stating that no state shall deprive “any person of life, liberty, or property, without due process of law; nor deny to any person within... Continue reading
Posted Apr 19, 2016 at Juries
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Joshua P. Davis Shannon Wheatman Cristen Stephansky Writing Better Jury Instructions: Antitrust as an Example Abstract: Understanding the law is difficult. Getting juries to understand the law is more difficult. Yet we provide evidence that it can be done, even... Continue reading
Posted Apr 14, 2016 at Juries
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In Verlo v. Martinez, the 10th Circuit Court of Appeals upheld an injunction issued by a federal district court that struck down an earlier state court ban prohibiting peaceful pamphleteering in front of a Denver state courthouse. The pamphlets in... Continue reading
Posted Apr 12, 2016 at Juries