A Constitutional Limitation on the Enforcement of Judgments—Due Process and Exemptions

Michael M. Greenfield and Cooley R. Howarth Jr.
Since the Supreme Court’s decision in Sniadach v. Family Finance Corp., holding the Wisconsin prejudgment garnishment statute unconstitutional, courts and commentators have extensively considered constitutional limitations on creditors’ prejudgment remedies. Constitutional limitations on postjudgment remedies, however, have received scant attention even though statutes in every state specify property exempt from execution. The rationale for exempting property is to permit the judgment debtor (and his family) to maintain a minimum standard…

Deductive Modeling to Determine an Optimum Jury Size and Fraction Required to Convict

Harry W. Kroeger, Stuart S. Nagel and Marian Neef
In 1970, the United States Supreme Court held in Williams v. Florida that due process is not violated if a state chooses to conduct criminal cases with six-person juries rather than twelve-person juries. Two years later, in Apodaca v. Oregon, the Court held that due process is not violated if a state chooses to have juries decide criminal cases by a majority of ten out of twelve jurors. Those cases…

Death: A Philosophical Perspective on the Legal Definitions

William C. Charron and Gary C. Leedes
In light of semantic and ethical requirements developed from a consideration of the problems and interests surrounding the definitional debate, the Article evaluates the various definitions of death recently set forth by state legislatures, courts, and professional organizations, all of which equate human death with a physiological state of one kind or another. In turn, a definition of human death on a psychological plane that identifies death with the permanent…

Organized Bar and Prepaid Legal Services—An Antitrust Analysis

Tom Leahy and Roy D. Simon Jr.