Ensuring an Impartial Jury in the Age of Social Media

The explosive growth of social networking has placed enormous pressure on one of the most fundamental of American institutions—the impartial jury. Through social networking services like Facebook and Twitter, jurors have committed significant and often high-profile acts of misconduct. Just recently, the Arkansas Supreme Court reversed a death sentence because a juror Tweeted about the case during deliberations. In light of the significant risks to a fair trial that arise when jurors communicate through social media during trial, judges must be vigilant in monitoring for potential outside influences and in deterring misconduct. In this Article, we present informal survey data from actual jurors on their use of social networking during trial. We discuss the rise of web-based social networks like Facebook and Twitter, and the concerns that arise when jurors communicate about a case through social media before returning a verdict. After surveying how courts have responded to jurors’ social media use, we describe the results of the informal survey. The results support a growing consensus in the legal profession that courts should frequently, as a matter of course, instruct jurors not to use social media to communicate about trial. Although others have stressed the importance of jury instructions in this area, we hope that the informal survey data will further the dialogue by providing an important perspective—that of actual jurors

More From the #Jury Box: The Latest on Juries and Social Media

This Article presents the results of a survey of jurors in federal and state court on their use of social media during their jury service. We began surveying federal jurors in 2011 and reported preliminary results in 2012; since then, we have surveyed several hundred more jurors, including state jurors, for a more complete picture of juror attitudes toward social media. Our results support the growing consensus that jury instructions are the most effective tool to mitigate the risk of juror misconduct through social media. We conclude with a set of recommended best practices for using a social-media instruction

More From the #Jury Box: The Latest on Juries and Social Media

This Article presents the results of a survey of jurors in federal and state court on their use of social media during their jury service. We began surveying federal jurors in 2011 and reported preliminary results in 2012; since then, we have surveyed several hundred more jurors, including state jurors, for a more complete picture of juror attitudes toward social media. Our results support the growing consensus that jury instructions are the most effective tool to mitigate the risk of juror misconduct through social media. We conclude with a set of recommended best practices for using a social-media instruction

Manipulating the Quota in Weighted Voting Games

Weighted voting games provide a popular model of decision making in multiagent systems. Such games are described by a set of players, a list of players' weights, and a quota; a coalition of the players is said to be winning if the total weight of its members meets or exceeds the quota. The power of a player in such games is traditionally identified with her Shapley--Shubik index or her Banzhaf index, two classical power measures that reflect the player's marginal contributions under different coalition formation scenarios. In this paper, we investigate by how much the central authority can change a player's power, as measured by these indices, by modifying the quota. We provide tight upper and lower bounds on the changes in the individual player's power that can result from a change in quota. We also study how the choice of quota can affect the relative power of the players. From the algorithmic perspective, we provide an efficient algorithm for determining whether there is a value of the quota that makes a given player a {\em dummy}, i.e., reduces his power (as measured by both indices) to 0. On the other hand, we show that checking which of the two values of the quota makes this player more powerful is computationally hard, namely, complete for the complexity class PP, which is believed to be significantly more powerful than NP

When the Conditions are the Confinement: Eighth Amendment Habeas Claims During COVID-19

The COVID-19 pandemic cast into harsher relief much that was already true about mass incarceration in the United States. It also cast into harsher relief much that was already true about the legal barriers confronting people seeking to make its conditions more humane. This Article offers a brief overview of the legal landscape as the COVID-19 crisis arose and then surveys eight prominent federal cases involving Eighth Amendment claims related to COVID-19 outbreaks at carceral facilities, most of which included significant litigation over whether they could secure release through habeas corpus. The Article then distills six key tensions from these cases—each a potential stumbling block for courts and litigants—and discusses their implications for future litigation and doctrine. Specifically, the Article addresses the following: (A) the relationship between habeas corpus and classic “conditions of confinement” cases; (B) the nature of Eighth Amendment “deliberate indifference” in this context; (C) the efficacy and availability of class-wide procedures for adjudicating these kinds of claims; (D) issues involving federalism and comity and how such concerns may motivate stricter enforcement of exhaustion requirements; (E) whether temporary release in the Eighth Amendment habeas context is better conceived of as preliminary or final relief; and (F) the fraught interplay between rights and remedies. The Article concludes by suggesting potential solutions for courts and legislatures

Chemical Association via Exact Thermodynamic Formulations

It can be fruitful to view two-component physical systems of attractive monomers, A and B, ``chemically'' in terms of a reaction A + B C, where C = AB is an associated pair or complex. We show how to construct free energies in the three-component or chemical picture which, under mass-action equilibration, exactly reproduce any given two-component or ``physical'' thermodynamics. Order-by-order matching conditions and closed-form chemical representations reveal the freedom available to modify the A-C, B-C, and C-C interactions and to adjust the association constant. The theory (in the simpler one-component, i.e., A = B, case) is illustrated by treating a van der Waals fluid.Comment: 15 double-spaced pages (RevTeX), including 1 eps figur