Posts tagged as:

jury nullification

July 29 roundup

by Walter Olson on July 29, 2014

  • Say nay, laddie: Unsettling new Scotland law will assign each child state interest guardian (“named person”) [BBC, Scottish government, Josie Appleton/Spiked Online, opposition group and another] More: Skenazy.
  • Why Judge Alex Kozinski doesn’t like jury nullification [Reason interview last year]
  • “Asbestos Ruling Boosts Transparency —- and Threatens Plaintiffs’ Attorneys” [Paul Barrett, Business Week, on Garlock ruling]
  • Winona, Minn. town cap on rental conversions violates property owners’ rights [Ilya Shapiro, Cato]
  • Challenger claims Ohio attorney general’s hiring of debt collection firms amounts to pay to play [Columbus Dispatch]
  • Mixed verdict in Philadelphia traffic court prosecutions [Inquirer, ABA Journal, earlier]
  • Save the date! Cato’s annual Constitution Day returns Wed., Sept. 17, with panelists and speakers like P.J. O’Rourke, Nadine Strossen, Tom Goldstein, Judge Diane Sykes, Roger Pilon, and a host of others [details]

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It’s a fairly mild enactment as these things go, but any hint that juries are free to acquit a defendant to avoid injustice is deeply controversial in establishment legal circles [Tim Lynch/Cato Institute, Radley Balko, Reason]

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April 23 roundup

by Walter Olson on April 23, 2012

  • Fearful of adverse Supreme Court ruling, Department of Justice said to have exercised pressure on city of St. Paul to buckle in housing-disparate-impact case [Kevin Funnell]
  • Justice Janice Rogers Brown: we can dream, can’t we? [Weigel] The Brown/Sentelle opinion everyone’s talking about, questioning rational basis review of economic regulation [Hettinga v. U.S., milk regulations; Fisher, Kerr]
  • Claim: “The Bachelor” TV franchise discriminates on basis of race [Jon Hyman]
  • Chicago sold off municipal parking garages. Good. It also promised to disallow proposals for private parking nearby. Not good [Urbanophile]
  • Bad day in court for Zimmerman prosecution [Tom Maguire, more, Merritt]
  • “I want some systematic contacts wherever your long arm can reach” — hot-‘n’-heavy CivPro music video satire [ConcurOp, language]
  • Federal judge dismisses charge against man who advocated jury nullification outside courthouse [Lynch, Sullum, earlier]

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Further update roundup

by Walter Olson on December 5, 2011

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February 28 roundup

by Walter Olson on February 28, 2011

  • Feds indict activist for handing out “jury nullification” tracts outside courthouse [Volokh, Greenfield] Anti-abortion billboard taken down after demand by NYC pol; co. says fear of violence was spur [NY Times]
  • Pigford class action (USDA bias against black farmers) defended and assailed [Friedersdorf and readers, Daniel Foster/NR, Mark Thompson/LOG, earlier here, here, here, etc.]
  • Avik Roy on Pennsylvania defensive-medicine study [Forbes]
  • Backstory: Scott Walker battled AFSCME for years as Milwaukee County exec [Aaron Rodriguez, Hispanic Conservative] “Wisconsin’s teachers required to teach kids labor union and collective bargaining history” [Daily Caller]
  • “The return of the $0 Costco fuel settlement” [CCAF]
  • Historic preservation vs. the obesity crusade: should a vintage Coke sign in San Francisco’s Bernal Heights neighborhood come down? [SFGate]
  • Law blog that covers a single beat closely can turn itself into a valued practice tool [Eric Turkewitz on John Hochfelder's New York Injury Cases]
  • “Soda suits: Banzhaf browbeats school officials” [five years ago on Overlawyered]

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“The threat of global warming is so great that campaigners were justified in causing more than £35,000 worth of damage to a coal-fired power station, a jury decided yesterday. In a verdict that will have shocked ministers and energy companies the jury at Maidstone Crown Court cleared six Greenpeace activists of criminal damage.” (Michael McCarthy, Independent (U.K.), Sept. 11).

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Palin and jury nullification

by Walter Olson on September 4, 2008

Expect some controversy over hints that the Alaska Governor may have expressed sympathy with the argued right of criminal juries to decide on matters of law as well as fact, perhaps in the process acquitting some violators of unjust laws. Despite its extensive pedigree in Anglo-American legal history, that position has become highly unpopular with most authorities in bench and bar, even as it remains popular with many Americans at the grass roots. (Eugene Volokh, Sept. 3). Some blog background on the subject: Randy Barnett, Dan Markel, Anne Reed, Eric Muller, Tim Lynch.

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