Law & Humanities Blog


Twelve Inquiring Jurors

Posted: 14 Oct 2013 03:49 PM PDT

Steven Lubet, Northwestern University School of Law, and Kevin Chang have published Stupid Juror Questions? as Northwestern Public Law Research Paper No. 13-32. Here is the abstract.

Everyone knows there is no such thing as a stupid question. Well, at least every parent, teacher, counselor, advisor, librarian and boss is evidently aware of the truth of that simple maxim. Nonetheless, the obvious utility of asking questions – seeking wisdom; requesting clarification; locating information – appears to have eluded certain high officials in the justice system of the United Kingdom, not to mention a raft of journalists, a clutch of parliamentarians, and a good swath of the British public, all of whom expressed consternation at a series of written questions posed by the jurors in a high profile, though relatively low stakes, criminal case. "Do we need IQ tests for juries?" wondered one pundit, who fumed that the jury's questions had "exposed a breathtaking level of ignorance and stupidity." Another echoed the thought, asking whether the jury was "stupid or just confused?" This article analyzes the ten infamous questions posed by the jury in the British trial of Vicki Pryce, who was accused of "perverting the course of justice" in an attempt to advance the political career of her now-former husband. Drawing upon legal history, criminal procedure, and cognition science, we conclude that the jury's questions were far more perceptive than the court and the British pundits realized.
Download the paper from SSRN at the link. 

Taking Ally Seriously

Posted: 14 Oct 2013 12:00 PM PDT

John Denvir, University of San Francisco School of Law, has published Romancing the Law: Ally McBeal and the Art of Subversive Comedy as a University of San Francisco Research Paper. Here is the abstract.

The television sitcom Ally McBeal drew large audiences and won many awards, but the series also had detractors who felt that it demeaned both women lawyers and the legal profession.
People loved and hated the show, but no one has thought it a serious commentary on the American legal system.
I think it is time to take Ally McBeal seriously. I believe that its creator David E. Kelley has used the narrative devices of romantic comedy to make a subtle but powerful critique of the American legal system and to suggest a new future for law. It is an excellent example of what I call subversive comedy.
Download the paper from SSRN at the link. 

Call For Papers

Posted: 14 Oct 2013 07:09 AM PDT

From Bob Jarvis, Nova Southeastern Law Center, news of a publication opportunity in the area of U.S. legal history (pedagogy):

The October 2013 issue of the American Journal of Legal History (www.ajlh.org) contains a symposium on teaching legal history in U.S. law schools.  As a follow-up, the symposium's essays are going to be republished in a book entitled "Teaching Legal History:  Comparative Perspectives."  The book's publisher is the esteemed London firm of Wildy, Simmonds & Hill.
 Because the space available in the book is greater than what was available in the Journal, we are seeking additional contributions that follow the style of the existing essays.  Accordingly, we would be pleased to receive your submission.  The operational details are as follows:
 1)      Completed essays are due by February 15, 2014 and should be e-mailed, preferably in Word, to Professor Bob Jarvis, Nova Southeastern University, at jarvisb@nova.edu.  This deadline is firm and extensions will not be possible.  Acceptance/declination decisions will be made as soon after the deadline as possible.
 2)      Essays cannot exceed 1,500 words and should describe how you teach the course and why you teach it as you do.  The word length will be strictly enforced and footnotes, if any, should be kept to a minimum.
 3)      While we're open to a wide variety of styles and approaches, we really want practical (as opposed to theoretical) pieces.   In other words, we want to know what people are really doing in their classrooms when they teach legal history.
 4)      Although we appreciate that many folks include a lot of legal history in their non-legal history courses (particularly if they teach, for example, constitutional law), this book, like the symposium, is limited to actual legal history courses taught in U.S. law schools.
 5)      Lastly, if you do not have access to a copy of the Journal, please e-mail Bob Jarvis for a sample essay.

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