Constitutional Decision Rules for Juries
Catherine T. Struve
University of Pennsylvania Law School
Columbia Human Rights Law Review, Vol. 37, p. 659, 2006
U of Penn Law School, Public Law Working Paper No. 06-22
Recent scholarship on constitutional decision rules distinguishes courts from other constitutional decision makers, but has not explored distinctions - within the judicial institution - between judges and juries. Correlatively, social science literature on jury comprehension has proposed methods for improving jury instructions, but that literature has not considered in any detail the doctrinal complexities of constitutional law. This Article, drawing upon both fields, presents an agenda for crafting constitutional decision rules specifically for juries. Implementing this agenda will enhance the adjudication of constitutional tort claims, and could also render constitutional doctrine more accessible to non-lawyers.
Number of Pages in PDF File: 57
Keywords: jury, decision rules, civil rights, Section 1983Accepted Paper Series
Date posted: November 10, 2005 ; Last revised: December 17, 2009
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