About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2013 Jotwell: J. Things We Like [1] (2013)

handle is hein.journals/jotwell2013 and id is 1 raw text is: Considering the Civil Jury http://courtslaw.jotwell.com/considering-the-civil-jury/ Jason M. Solomon, The Political Puzzle of the Civil Jury, 61 Emory L.J. 1331 (2012). Suja A. Thomas The civil jury is in this year. In The Political Puzzle of the Civil Jury, Jason Solomon examines the role of the civil jury as a political institution-in other words, the role of the jury in democracy. Seeking to begin a discussion in the literature on whether the civil jury serves as a political institution, Solomon exhaustively and critically examines the justifications for the civil jury in this role. Solomon's is one of several excellent recent articles on the civil jury; others include John Langbein's The Disappearance of the Civil Jury, and Darrell Miller's Historical Tests, (Mostly) Unbalanced Rights, and What the Seventh Amendment Can Teach Us About the Second. Solomon begins with a provocative argument that some of the most important cases in the last four terms of the Supreme Court, including Snyder v. Phelps, Wyeth v. Levine, Exxon Shipping Co. v. Baker, and Wal-Mart Stores, Inc. v. Dukes, reflect a distrust of the civil jury and a concern that juries are deciding law-like questions. As a result, Solomon argues, we must continue to evaluate the jury. In doing this in the past, the focus has been on whether the jury has the ability to decide cases effectively. The ready response here has been that the ability of juries to decide cases matches that of judges. In addition to an adjudicative role, however, some scholars argue that the jury serves as a political institution. Solomon argues that this justification should be fully assessed, and the competencies of juries to judges should be compared. Solomon commences his analysis of the jury as a political institution by looking at whether the jury serves as a check on governmental power. After arguing that the jury does not perform this role, Solomon examines whether the jury is a check on corporate power, which he also rejects with much evidence. Next, Solomon wonders whether the jury is important to counteract repeat players. He ultimately concludes, though, that repeat players actually have more influence over juries than one-time litigants.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most