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relationships between a country’s inclusion of lay people as legal decision-makers and its political characteristics. We find robust, statistically significant correlations between the presence of lay ... evidence that service as lay judges has raised civic engagement and political awareness; they express hope that it is contributing to better functioning of the democratic system of government.20 The
the 1990s during a remarkable period of increased government transparency and political reform.1 Similarly, Spain’s modern jury institution was launched at the end of Franco’s dictatorship.2 Likewise ... Political Experiment, in JURIES, LAY JUDGES, AND MIXED COURTS: A GLOBAL PERSPECTIVE 237, 248–51 (Sanja Kutnjak Ivković, Shari Seidman Diamond, Valerie P. Hans & Nancy Marder, eds., 2021) (describing the
office due to felony disenfranchisement laws. Thus, habitual offender laws target a formally disenfranchised group—people with felony convictions. That creates an archetypal political process problem. As ... he should raise that concern in the political arena, not the courts, and cast his vote accordingly. The problem for Brooker, and the one that animates this Article, is that he cannot vote. Because of
could prevent hate crimes from occurring in the first place. Those measures potentially include educational initiatives, conflict resolution programs, political reforms, social services, or other ... , political reforms, social services, or other proactive efforts aimed at the root causes of hate crimes. Focusing on the public conversation around anti-Asian hate crimes, this Essay argues that very
judicial system but also a political one.6 I conducted many interviews with jurors after their verdicts, and I often asked them: “Why did you come to the court?” Most of these former jurors answered with ... words to the effect of: “We are responsible not only to the parties in this case but also to our society.” This made me see the political meaning of the jury system. The jury system is an important pillar
, at 155; Thomas Zittel, Participatory Democracy and Participation, in PARTICIPATORY DEMOCRACY AND POLITICAL PARTICIPATION: CAN PARTICIPATORY ENGINEERING BRING CITIZENS 198 CHICAGO-KENT LAW REVIEW ... . Participatory democrats have applied their theories to a range of institutions engaged in “‘political activity’ in a very wide sense of that term,”13 including the justice system. 14 These theories have also
, at 155; Thomas Zittel, Participatory Democracy and Participation, in PARTICIPATORY DEMOCRACY AND POLITICAL PARTICIPATION: CAN PARTICIPATORY ENGINEERING BRING CITIZENS 198 CHICAGO-KENT LAW REVIEW ... . Participatory democrats have applied their theories to a range of institutions engaged in “‘political activity’ in a very wide sense of that term,”13 including the justice system. 14 These theories have also
been allowed in Chinese courtrooms for * China University of Political Science and Law. This article is supported by China National Social Science Fund (Grant number 21BFX070). The author is grateful ... Regions and Liberated Areas19 because its purpose was “more than a kind of mechanism to solve disputes, it also played an important role in class struggle, in political party struggle, and in national
been allowed in Chinese courtrooms for * China University of Political Science and Law. This article is supported by China National Social Science Fund (Grant number 21BFX070). The author is grateful ... Regions and Liberated Areas19 because its purpose was “more than a kind of mechanism to solve disputes, it also played an important role in class struggle, in political party struggle, and in national
economic, social, or political patterns that may indicate a crisis more generally. In addition, courts’ providing routine data on how jury systems operate, who serves on juries, and the decisions juries ... . Parks, The Jury Sunshine Project: Jury Selection Data as a Political Issue, 2018 U. ILL L. REV. 1407, 1416–1422 (2018) (describing the limits of existing record-keeping on jury selection and the efforts
economic, social, or political patterns that may indicate a crisis more generally. In addition, courts’ providing routine data on how jury systems operate, who serves on juries, and the decisions juries ... . Parks, The Jury Sunshine Project: Jury Selection Data as a Political Issue, 2018 U. ILL L. REV. 1407, 1416–1422 (2018) (describing the limits of existing record-keeping on jury selection and the efforts
popular and political will to pass the reforms must extend beyond the passage of the law and must also create mechanisms to scrutinize, guide, and support the judiciary’s implementation of the law. ... . Although these reforms were democratic and popular, judges were not sufficiently incentivized to properly implement the changes. If reforms are to succeed, the popular and political will to pass the reforms
Hasen considers through the lens of Justice Scalia’s opinions the role that views of the political process play, at least rhetorically, in how Supreme Court Justices decide cases. It focuses on Justice ... about. Whenever a society adopts racial entitlements, it is very difficult to get out of them through the normal political processes. . . . . . . . Even the name of it is wonderful: The Voting Rights Act
Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons - THE POLITICAL ECONOMY OF ENTRAPMENT RICHARD H. MCADAMS* INTRODUCTION By the time she was eighteen, Amy ... consider and critique the literature that seeks to justify the defense based on retributive theory, utilitarian theory, and political/institutional concerns. In each case, I do not claim that there is no
, INEQUALITY 247–48 (1993); G.A. Cohen, How to do Political Philosophy, in ON THE CURRENCY OF EGALITARIAN JUSTICE, AND OTHER ESSAYS IN POLITICAL PHILOSOPHY 228–29 (Michael Otsuka ed., 2011). to be punished.162 ... grateful to participants at the Stanford Law and Philosophy workshop for feedback on an early draft of this paper. And I owe special thanks to Juliana Bidadanure, Jessica Eaglin, James Forman Jr., Aziz Huq
Political Philosophy versus Political Theor Case of R awls y: The Stephen M. Griffin 0 0 This Article is brought to you for free and open access by Scholarly Commons @ IIT Chicago-Kent College of ... .-Kent L. Rev. 691 (1994). Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol69/iss3/6 - Chicago-Kent Law Article 6 POLITICAL PHILOSOPHY VERSUS POLITICAL THEORY: THE CASE OF RAWLS
is (prima facie) wrongful because it puts wrongful pressure on [the target’s] freedom to do otherwise.”); Mitchell Berman, Blackmail, in THE OXFORD HANDBOOK ON THE PHILOSOPHY OF THE CRIMINAL LAW 37, 62 ... personal or social characteristics such as psychological or emotional vulnerability, economic hardship, lack of a social safety net, and experience of natural disasters or political instability.56
Northwestern University School of Law Scholarly Commons Part of the Criminal Law Commons; Criminology Commons; and the Criminology and Criminal - AFTERWORD TO "LUNATICS AND ANARCHISTS: POLITICAL HOMICIDE IN
at: http://scholarship.kentlaw.iit.edu/cklawreview/vol91/iss2/5 - CAUSATION, COUNTERFACTUALS AND PROBABILITIES IN PHILOSOPHY AND LEGAL THINKING FLORENCE G’SELL1 Determining whether the law could
both civil and criminal jury trials.171 3. The Strengths of a Legislative Approach One advantage of a legislative approach is that legislators respond to political pressure and deadlines. With AB 3070 ... , there was political support to address discrimination during jury selection and there was a fastapproaching deadline——the end of the 2019-2020 legislative session. In California at that time, there was a
