Emory Law Journal

Volume 61Issue 6

The Political Puzzle of the Civil Jury

Jason M. Solomon | 61 Emory L.J. 1331 (2012)

At the root of many contemporary debates over the civil justice or tort system—debates over punitive damages, preemption, and tort reform more broadly—are underlying questions about the justification for the civil jury. The United States is the only country that still uses a jury in civil cases, and most civil jury trials are tort trials.

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Land Law Federalism

Ashira Pelman Ostrow | 61 Emory L.J. 1397 (2012)

Land exhibits a unique duality. Each parcel is at once absolutely fixed in location and inextricably linked to a complex array of interconnected systems, natural and man-made. Ecosystems spanning vast geographic areas sustain human life; interstate highways, railways, and airports physically connect remote areas; networks of buildings, homes, offices, and factories create communities and provide the physical context in which most human interaction takes place. Despite this duality, the dominant descriptive and normative account of land-use law is premised upon local control.

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Cruel and Unusual Punishment: Confining Juveniles with Adults After Graham and Miller

Andrea Wood | 61 Emory L.J. 1445 (2012)

Thousands of juveniles are currently confined with adults in detention and correctional facilities throughout the United States. Juveniles confined in adult facilities face grave dangers to their safety and well-being, including significantly higher rates of physical assault, sexual abuse, and suicide than their counterparts in juvenile facilities. These dangers and other conditions of juvenile confinement with adults give rise to concerns of constitutional dimension. In its Eighth Amendment jurisprudence, the United States Supreme Court has created categorical rules prohibiting the imposition of certain punishments on entire categories of offenders as cruel and unusual punishment.

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Testing Our Teachers

Andrew McKinley | 61 Emory L.J. 1493 (2012)

In recent years, a number of school districts have begun drug testing their teachers, only to find that the Supreme Court’s special needs exception is failing. As it has in other corners of its Fourth Amendment jurisprudence, the Court has erected an exception predicated on a vague “reasonableness” standard, the application of which often varies with the ad hoc interpretations of individual courts.

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