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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