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Thaddeus Hoffmeister
Professor
Recent Activity
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The latest edition of the Jury Expert is now available. The Collapse of Civil Jury Trial and What To Do About It by Renée Lettow Lerner Abolition of Juries: The Switzerland Experience by Dr. Gwladys Gilliéron, LL.M and Yves Benda,... Continue reading
Posted yesterday at Juries
Reuters: Judge delays release of juror names in Boston bombing trial Continue reading
Posted 5 days ago at Juries
Ben Trachtenberg No, You 'Stand Up': Why Prosecutors Should Stop Hiding Behind Grand Juries Abstract: This Essay argues that prosecutors should not allow grand juries to consider indicting defendants whom the prosecutors themselves believe should not be indicted. To illustrate... Continue reading
Posted Aug 19, 2015 at Juries
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Erin York Cornwell The Trials of Indigent Defense: Type of Counsel and Case Outcomes in Felony Jury Trials Abstract: Previous research shows that clients of public defenders are not necessarily more likely to be convicted than those who hire private... Continue reading
Posted Aug 17, 2015 at Juries
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Darius Palia Robert Scott Ex Ante Choice of Jury Waiver Clauses in Mergers Abstract: This paper examines empirically why sophisticated parties in some merger and acquisition deals choose to waive their right to jury trials and some do not. We... Continue reading
Posted Aug 12, 2015 at Juries
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Reuters: Massachusetts Testing Program to Clear Way for Deaf Jurors Continue reading
Posted Aug 6, 2015 at Juries
Freep: Macomb Jurors to be Paid in Cash on Day of Jury Duty Continue reading
Posted Aug 6, 2015 at Juries
A New York city fortuneteller is attempting to use an undisclosed jury note as grounds to overturn her conviction of grand larceny and fraud. Apparently, the jury in the fortuneteller's case sent the judge a note containing the following message:... Continue reading
Posted Aug 5, 2015 at Juries
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Alexandra Lahav Participation and Procedure Abstract: How much participation should a procedurally just court system offer litigants? This question has always been especially difficult to answer in complex litigation such as class actions and mass torts because these cases involve... Continue reading
Posted Aug 3, 2015 at Juries
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Nancy Marder Juror Bias, Voir Dire, and the Judge-Jury Relationship Abstract: In the United States, voir dire is viewed as essential to selecting an impartial jury. Judges, lawyers, and the public fervently believe that a fair trial depends on distinguishing... Continue reading
Posted Jul 31, 2015 at Juries
Syracuse.com: Was Neulander Juror's Habit of 'Mindless Digital Interaction to Blame? Judge Asks? Continue reading
Posted Jul 30, 2015 at Juries
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A juror hearing the death penalty case of James Holmes came to court wearing a Mettalica t-shirt that depicted a person in an electric chair. When questioned by the judge about the t-shirt the alternate juror said he wore it... Continue reading
Posted Jul 29, 2015 at Juries
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The Civil Jury Project, which was recently established at NYU law school, will hold its inaugural conference on September 11, 2015. The agenda for the conference can be found below. If you are interested in attending the conference you can... Continue reading
Posted Jul 28, 2015 at Juries
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Rakhi Ruparelia Erring on the Side of Ignorance: Challenges for Cause Twenty Years after Parks Abstract: In 1993, Justice Doherty of the Ontario Court of Appeal crafted what was perhaps the most significant decision on racism in the Canadian criminal... Continue reading
Posted Jul 23, 2015 at Juries
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Kevin Crosby Juror Punishment, Juror Guidance and the Criminal Justice and Courts Act 2015 Abstract: The Criminal Justice and Courts Act 2015 creates several new offences relating to juror misconduct, which have generally been considered pragmatic responses to the immediate... Continue reading
Posted Jul 21, 2015 at Juries
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Kozinski on Juries Eugene Volokh posts excerpts of 9th Circuit Court of Appeals Judge Alex Kozinski's recent law review article Criminal Law 2.0. His latest post, which appears on the Washington Post, pertains to Judge Kozinski's view on the jury... Continue reading
Posted Jul 16, 2015 at Juries
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According to the article below, plaintiffs attorneys in New Mexico seek to file personal injury suits in the northern section of the state e.g., Santa Fe and Las Vegas. Apparently, northern jurors are more pro-plaintiff. New Mexico courts allow this... Continue reading
Posted Jul 14, 2015 at Juries
Valerie Reyna, Valerie Hans, Jonathan Corbin, Ryan Yeh, Kelvin Lin, and Caisa Royer The Gist of Juries: Testing a Model of Damage Award Decision Making Despite the importance of damage awards, juries are often at sea about the amounts that... Continue reading
Posted Jul 13, 2015 at Juries
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Barbara J. Falk Jeremy Patrick The 'Red Menace' on Trial: Jury Discrimination in Dennis Abstract: In 1949, the leadership of the American Communist Party was put on trial for allegedly conspiring to teach the overthrow of the American government. The... Continue reading
Posted Jul 9, 2015 at Juries
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Federico Picinali The Threshold Lies in the Method: Instructing Jurors About Reasoning Beyond Reasonable Doubt Abstract: The last few decades have seen several scholars and courts striving to understand the meaning of the reasonable doubt standard and, in particular, to... Continue reading
Posted Jul 6, 2015 at Juries
Michael Heyman Lost in Translation: Criminal Jury Trials in the United States Abstract: Two features of the jury instructions in the Trayvon Martin case combined to make acquittal a virtual certainty: The court's failure to instruct the jury on the... Continue reading
Posted Jul 1, 2015 at Juries
The article below examines the challenge of ensuring juror honesty during voir dire. I believe more and more attorneys will turn to investigating and monitoring jurors. Today's digital world has made it fairly easy to research someone's background. The Tennessean:... Continue reading
Posted Jun 30, 2015 at Juries
Ralph Bryant The Summary Jury Solution -- Restoring the Seventh Amendment's Constitutional Checks and Balances Protection to the Summary Judgment Procedure in Federal Court Abstract: The strength of the United States Constitution lies not only in its delegation of powers... Continue reading
Posted Jun 29, 2015 at Juries
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Andrew Jurs Expert Prevalence, Persuasion and Price: What Trial Participants Really Think About Experts Abstract: The importance of expert witnesses to modern litigation is clear, but the lack of reliable data about experts and their effectiveness in court is remarkable.... Continue reading
Posted Jun 26, 2015 at Juries
Atlantic: Reasonable Doubts About the Jury System Continue reading
Posted Jun 24, 2015 at Juries