Jury Practice in Post-Truth America

An article by Dick Harpootlian and Chris Kenney has been published in a special Presidential Inauguration Issue of the Emory Corporate Governance and Accountability Review. The article, “Jury Practice in Post-Truth America: A Cautionary Note” (4 Emory Corp. Governance & Accountability Rev. 131 (2017)), considers the deleterious effect of evidence-adverse jurors on the jury system and the challenges they pose to trial practitioners.

Harpootlian and Kenney discuss their recent trial work as a vehicle to examine the role facts play, or should play, in criminal and civil disputes and a troubling indifference to the facts by some. In keeping with the Emory Corporate Governance and Accountability Review’s (ECGAR’s) Presidential Inauguration theme, the authors cite Trump’s election as just one indicator of a long-growing disdain for and disregard of evidence-based thinking in all public institutions. They argue, “to the extent modern jury procedure is designed to resolve factual disputes, decision-making that occurs in spite of trial evidence is a real threat to that system.” 4 Emory Corp. Governance & Accountability Rev. at 135.

ECGAR is an Emory Law School student-run publication dedicated to exploring the relationship between corporations and their stakeholders in the United States and abroad with a focus on issues concerning corporate responsibility, business ethics, and fair play. The current special issue features 29 articles, notes, and interviews by academics, practitioners, and students examining issues concerning the incoming Trump administration. The full special issue is available online. The ECGAR special issue will also be available in print on Amazon.

Jury Practice in Post-Truth America: A Cautionary Note

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