Document Type
Article
Publication Date
2006
Abstract
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.
Publication Title
Columbia Human Rights Law Review
Repository Citation
Struve, Catherine T., "Constitutional Decision Rules for Juries" (2006). All Faculty Scholarship. 731.
https://scholarship.law.upenn.edu/faculty_scholarship/731
Included in
Civil Procedure Commons, Civil Rights and Discrimination Commons, Constitutional Law Commons, Other Communication Commons, Torts Commons
Publication Citation
37 Colum. Hum. Rts. L. Rev. 659 (2006)