Developments in the law: the civil jury

Article Abstract:

The continued use of juries in civil trials has been heavily criticized, but there are reforms that can be adopted that would maximize the benefits that accrue from civil juries. The Seventh Amendment commitment to the civil jury has never been as strong as the Sixth Amendment right to trial by jury in criminal cases. Reform issues to be considered include jury selection, the contribution juries make to democracy and the legitimacy of the justice system, jury size in federal courts, juror education and assistance in complex cases and the ability of juries to decide punitive damages issues.

United States, Analysis, Surveys, Justice, Administration of, Administration of justice, Jury selection, Complex litigation, Jury, Juries, states

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Eighth Amendment - punitive damages - Florida Supreme Court upholds "split-recovery" statute

Article Abstract:

The Florida Supreme Court's interpretation of the state's 'split-recovery' statute in Gordon v. State successfully eliminated a Fifth Amendment takings challenge, but opened the possibility of a future challenge under the Eighth Amendment's prohibition of excessive fines. The statute allows the state to claim 60% of all punitive damage awards. The court's ruling that the plaintiff had no property right to the state's portion of the award appears to make it a fine. Excessiveness would have to be evaluated on a case-by-case basis.

Case Note, Fines (Penalties)

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Family law - Massachusetts Supreme Judicial Court upholds Probate Court's exercise of equity power in granting visitation between a child and a lesbian de facto parent. - E.N.O. v. L.L.M

Article Abstract:

The author discusses the Massachusetts Supreme Judicial Court 1999 case E.N.O. v. L.L.M. where the court upheld the use by the Probate Court of its equity powers in allowing a lesbian co-parent, but not the biological mother, visitation rights after an analysis of the best interests of the child.

Massachusetts, Visitation rights (Domestic relations), Powers and duties, Child welfare, Equity (Law), Lesbian mothers, Probate courts

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