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Court Rulings Archive
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Disability Wrongs, Disability Rights
by Steven E. Perkel, DSW, LCSW and Paul J. Tobin, MSW and James Weisman, JDPosted on November 28, 2012 | 15 CommentsHow biases against people with disabilities were written into law historically and still practiced today. How do we move forward? -
Juror Questions: Why Attorneys Should Embrace Allowing Jurors To Ask Questions of Witnesses
by Andrea Krebel, Ph.D.Posted on May 29, 2012 | 16 CommentsHere's a look at the reasons why attorneys would do well to embrace rather than resist the submission of juror questions for witnesses. -
Red Ink and Red Tape: Understanding the Challenges in our Current Civil Trial System
by Richard GabrielPosted on September 26, 2011 | 1 CommentRichard Gabriel examines the effectiveness and efficiency of the civil justice system in light of the economic turmoil being experienced across the country. -
Presumed Prejudice, Actual Prejudice, No Prejudice: Skilling v. U.S.
by Thaddeus Hoffmeister, J.D.Posted on July 1, 2010 | 4 CommentsPresumed Prejudice, Actual Prejudice, No Prejudice: Skilling v. U.S. Thaddeus Hoffmeister1 Thaddeus Hoffmeister is an Associate Professor at the University of Dayton School of Law. He primarily teaches in the areas of criminal law. The focus of his research includes petit juries, grand juries and National Security law. Besides teaching, […] -
The Shrinking Strike Zone: Avoiding Problems During Jury Selection in the Age of Batson
by Sean Overland, Ph.D.Posted on May 1, 2010 | 3 CommentsIs your race-neutral explanation enough to survive a Batson challenge? In February, the Supreme Court handed down its decision in the case of Thaler v. Haynes, the latest in a string of cases originating with Batson v. Kentucky in 1986. In Batson, the Court outlawed the use of race-based peremptory […] -
Does Jury Size Still Matter? An Open Question
by Jill P. Holmquist, J.D.Posted on May 1, 2010 | 1 CommentHistorically, Jury Size Mattered The right to trial by jury resides deep in the American psyche. It ranks right up there with Mom, apple pie, and the First Amendment. Indeed, a 2006 survey found that more than half of Americans thought the right to jury trials was found in the […] -
Out and Proud: Ethical and Legal Considerations in Retaining a Trial Consultant to Assist with Witness Preparation
by David A. Perrott, LLB, Ph.D. and Daniel Wolfe, J.D., Ph.D.Posted on January 1, 2010 | 1 CommentDuring cross-examination, a key witness in a recent securities fraud trial was grilled: Q. How about your jury consultant, the consultant that you described, the jury consultant, is he here now? A. Yes. Q. Where? A. In the back [of the] room. Q. Man with the gray beard? A. Sorry? […]