THE NEW IMPARTIAL JURY MANDATE Jolly, Richard Lorren
Michigan law review,
02/2019, Letnik:
117, Številka:
4
Journal Article
Odprti dostop
Impartiality is the cornerstone of the Constitution's jury trial protections. Courts have historically treated impartiality as procedural in nature, meaning that the Constitution requires certain ...prophylactic procedures that secure a jury that is more likely to reach verdicts impartially. But in Peña-Rodriguez v. Colorado, 137 S. Ct. 855 (2017), the Supreme Court recognized for the first time an enforceable, substantive component to the mandate. There, the Court held that criminal litigants have a Sixth Amendment right to jury decisions made without reliance on extreme bias, specifically on the basis of race or national origin. The Court did not provide a standard for determining when evidence of partiality is sufficient to set aside a verdict but made clear that an otherwise procedurally adequate decision may fall to substantive deficiencies. This Article advances a structural theory of the Constitution's impartial jury mandate, focusing on the interplay between its ex ante procedural and ex post substantive components. The Article argues that the mandate has traditionally taken shape as a collection of procedural guarantees because of a common law prohibition on reviewing the substance of jury deliberations. Peña-Rodriguez tosses this constraint, allowing judges for the first time to review the rationales upon which jurors base their verdicts. The Article then offers a novel approach for applying substantive impartiality more broadly by looking to the Equal Protection Clause's tiers of scrutiny. It concludes that ex ante procedural rules and ex post substantive review can operate in conjunction to tease out undesirable, impermissible forms of jury bias, while still allowing for desirable, permissible forms of jury bias.
Ideas and concepts have been a driving force in human progress, and they
may be the most important legacy of the United Nations. UN ideas have set past,
present, and future international agendas in ...many global economic and social arenas
and have also led to initiatives and actions that have improved the quality of human
life. This capstone volume draws upon findings of the other 14 books in the
acclaimed United Nations Intellectual History Project Series. The authors not only
assess the development and implementation of UN ideas regarding sustainable economic
development and human security, but also apply lessons learned to suggest ways in
which the United Nations can play a fuller role in confronting the challenges of
human survival with dignity in the 21st century.
UN Contributions to Development Thinking and Practice is at once a
history of the ideas and realities of international development, from the classical
economists to the recent emphasis on human ...rights, and a history of the UN's role in
shaping and implementing development paradigms over the last half century. The
authors, all prominent in the field of development studies, argue that the UN's
founding document, the UN Charter, is infused with the human values and human
concerns that are at the center of the UN's thinking on economic and human
development today. In the intervening period, the authors show how the UN's approach
to development evolved from mainstream areas of economic development to include
issues of employment, poverty reduction, fairer distribution of the benefits of
growth, equality of men and women, child development, social justice, and
environmental sustainability.
The third paper in the series4 sets out the strategic actions required: mobilise awareness, among parents as well as professionals; implement interventions for childhood development in infancy ...through families and caregivers, particularly for disadvantaged children; expand preschool education programmes, with components linked to health and nutrition; incorporate early childhood development into existing services and systems; and reach full coverage of programmes to eliminate iodine and iron deficiency in all countries. UNICEF working with WHO and many others-governments, civil society, Christian, Islamic, and other religious groups, and non-governmental organisations such as the Rotarians-showed that applying these principles on a global scale could achieve rapid results in more than a hundred countries, rich and poor.
This Article argues that the administrative state's most acute constitutional fault is its routine failure to comply with the Seventh Amendment. Properly understood, that Amendment establishes an ...independent limitation on congressional authority to designate jurisdiction to juryless tribunals, and its dictate as to "Suits at common law" refers to all federal legal rights regardless of forum. Agencies' use of binding, juryless adjudication fails these requirements and must be reformed. But this does not mean dismantling the administrative state; it is possible (indeed, necessary) to solve the jury problem while maintaining modern government. To that end, this Article advances a structural theory of the Seventh Amendment that situates the civil jury as an institution within the modern administrative state. It contends that the Seventh Amendment's demands can be met either by providing a jury trial within administrative adjudication in the first instance, or by providing a de novo jury trial in an Article III court afterward. And it unearths and presents historical and judicial support for both approaches. The Article further considers the consequences of incorporating lay participation into the work of expert agencies and shows that the disruptive impact likely would be minimal. It concludes by arguing that reintroducing the jury will increase the procedural legitimacy of the administrative state and, perhaps, its substantive accuracy and effectiveness, too.
UN Voices Weiss, Thomas G; Carayannis, Tatiana; Emmerij, Louis
2005, 20050101
eBook
The authors have cajoled, intrigued, or reassured their 73 'voices'
into telling a fascinating story of the UN and its institutions, which is also a
story of 73 individual lives, of women and men... ...with their own complicated
histories of emigration and education, family relationships and professional
choices, hopes and successes. -- from the Foreword by Emma
Rothschild Far from being a distant bureaucracy, the UN is
composed of individuals who are reshaped by vital experiences. UN Voices gives
international civil servants human faces and shows how ideas drive the grand
experiment. It is a fascinating book. -- Arthur Schlesinger,
Jr. UN Voices presents the human and moving stories of an
extraordinary group of individuals who contributed to the economic and social record
of the UN's life and activities. Drawing from extensive interviews, the book
presents in their own words the experiences of 73 individuals from around the globe
who have spent much of their professional lives engaged in United Nations affairs.
We hear from secretaries-general and presidents, ministers and professors, social
workers and field workers, as well as diplomats and executive heads of UN agencies.
Among those interviewed are noted figures such as Kofi Annan, Boutros Boutros-Ghali,
Alister McIntyre, Conor Cruise O'Brien, Javier Pérez de Cuéllar, and Kurt
Waldheim, as well as many less well known UN professional men and women who have
made significant contributions to the international struggle for a better world.
Their personal accounts also engage their contributions in dealing with such events
and issues as the UN's founding, decolonization, the rise and fall of the Berlin
Wall, human rights, the environment, and September 11, 2001.
Motivation
Despite widespread acknowledgement of and praise for the Human Development Report by policy‐makers, practitioners and individual academics, the paradigm of human development has often ...lacked sustained academic and operational policy‐making attention.
Purpose
Investigating this undesirable disconnect and discussing the possible reasons behind it, this article reveals two fundamental challenges: to make more specific the rich concepts of human development and to relate them to the dominant concepts of development, and to motivate and guide the context‐specific choices at the national and regional level.
Approach and Methods
Addressing these challenges will require a more careful exploration of the theoretical and operational implications of the work of Amartya Sen and Martha Nussbaum, and of their adoption by the Human Development Report Office (HDRO) at the United Nations Development Programme (UNDP).
Conclusions
To achieve the adoption of the human development paradigm, the article makes some proposals both to the UNDP and to academia for the future directions of the Human Development (HD) approach.
Policy implications
The proposals on HD seek to chart pathways out of the current economic stagnation and slowdown.
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