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Articles 1 - 16 of 16
Full-Text Articles in Law
Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman
Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman
Deborah M. Weissman
The article examines the tension between the principles of the Rule of Law and cultural norms of self-sufficiency. It begins by reviewing the principles of the Rule of Law as an ideal, the pursuit of which has led to historical efforts to meet the legal needs of the poor. It then examines recent legal events including federal statutory changes, three Supreme Court cases, and a federal circuit court case which have limited legal resources for those who cannot pay. The article then examines these developments in the context of a sea-change in the political environment of the nation, coinciding with …
The Revolution You Won’T See On Tv, Jeff Rasley
The Revolution You Won’T See On Tv, Jeff Rasley
Scholarship and Professional Work - LAS
Article for Newsweek about the author’s experiences in mediation and jury trials as a civil litigator.
Rehnquist's Vietnam: Constitutional Separatism And The Stealth Advance Of Martial Law, Diane H. Mazur
Rehnquist's Vietnam: Constitutional Separatism And The Stealth Advance Of Martial Law, Diane H. Mazur
Indiana Law Journal
No abstract provided.
Controversias Jurisdiccionales Por La Apropiación De Recursos Hídricos, Max Garcia
Controversias Jurisdiccionales Por La Apropiación De Recursos Hídricos, Max Garcia
Max Garcia Sanchez
No abstract provided.
Privacy And The Post-September 11 Immigration Detainees: The Wrong Way To A Right (And Other Wrongs), Sadiq Reza
Privacy And The Post-September 11 Immigration Detainees: The Wrong Way To A Right (And Other Wrongs), Sadiq Reza
Faculty Scholarship
In forthcoming work, I argue that this common-law privacy right should indeed attach to individuals arrested for or suspected of crime.9 I also argue that support for the right exists in a variety of judicial, statutory, and other sources, and that legislation to formally protect the right is warranted and constitutional. The reasoning is simple: being publicly named in connection with criminal allegations is stigmatizing, and the resultant personal harm-social, professional, emotional, other-lasts, and is difficult to justify when it is visited upon someone who is acquitted of the charges or against whom the charges are dismissed. Equally troubling is …
The Right To Trial By Jury In Arkansas After Merger Of Law And Equity, John J. Watkins
The Right To Trial By Jury In Arkansas After Merger Of Law And Equity, John J. Watkins
University of Arkansas at Little Rock Law Review
No abstract provided.
A Comparative View Of Standards Of Proof, Kevin M. Clermont, Emily Sherwin
A Comparative View Of Standards Of Proof, Kevin M. Clermont, Emily Sherwin
Cornell Law Faculty Publications
In common-law systems, the standard of proof for ordinary civil cases requires the party who bears the burden of proof to establish by a preponderance of the evidence that the facts alleged are true. In contrast, the prevailing standard of proof for civil cases in civil-law systems is indistinguishable from the standard for criminal cases: the judge must be firmly convinced that the facts alleged are true. This striking difference in common-law and civil-law procedures has received very little attention from either civilian or comparative scholars.
The preponderance standard applied in common-law systems is openly probabilistic and produces, on average, …
The Purge Of Mortgage In Japanese Civil Law, Wei Zhang
The Purge Of Mortgage In Japanese Civil Law, Wei Zhang
Wei Zhang
The purge of mortgage is believed to be one of the few French remnants in the otherwise largely German style Japanese Civil Code. Since the breakdown of Japanese asset price bubble in early 1990s, it has been blamed as one major obstacle to clearing up nonperforming loans held by Japanese banks, and a central target subject to abolishment. In this paper, I analyzed the structural problems existing in the Japanese purge system and also probed the history and social background behind the debates about its abolishment. I proposed that, instead of total abolition, a restructured purge system, in particular getting …
Teoría General De La Prueba Judicial, Edward Ivan Cueva
Teoría General De La Prueba Judicial, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Protecting Plaintiffs' Sexual Pasts: Coping With Preconceptions Through Discretion, Jane H. Aiken
Protecting Plaintiffs' Sexual Pasts: Coping With Preconceptions Through Discretion, Jane H. Aiken
Georgetown Law Faculty Publications and Other Works
Part I of this Article traces the development of the civil application of Rule 412, the so-called “Rape Shield Rule”. Part II analyzes the inconsistencies within the cases decided under the new civil rule and links those inconsistencies to the language of the rule. It identifies the trends within the cases about what constitutes probative value for purposes of the rule and how courts assess prejudice. The Article concludes that rules of evidence designed to remedy bias of fact finders should not be cast as discretionary. Many of the problems that arise in the interpretation of Rule 412 could be …
Eustitia: Institutionalizing Justice In The European Union, Helen Elizabeth Hartnell
Eustitia: Institutionalizing Justice In The European Union, Helen Elizabeth Hartnell
Northwestern Journal of International Law & Business
Madame Guigou's prediction that a "single judicial space" might be in place by the year 2020 signals a brave new horizon for the rule of law in the European Union. Yet even her dramatic claim fails to convey the range, depth, and momentum of changes wrought by the Treaties of Maastricht and Amsterdam in the realm of justice. The European Union is installing new infrastructure upon which to build a "genuine European area of justice." This "European judicial area" constitutes a key component of the "area of freedom, security and justice" ("AFSJ"). The Amsterdam Treaty added the AFSJ as a …
Semtek, Forum Shopping, And Federal Common Law, Stephen B. Burbank
Semtek, Forum Shopping, And Federal Common Law, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Community Competence For Matters Of Judicial Cooperation At The Hague Conference On Private International Law: A View From The United States, Ronald A. Brand
Community Competence For Matters Of Judicial Cooperation At The Hague Conference On Private International Law: A View From The United States, Ronald A. Brand
Articles
The Amsterdam Treaty's introduction of Article 65 into the European Community Treaty took little time to achieve practical importance. In fact, the questions were practical as early as they were theoretical. A 1992 request by the United States that the Hague Conference on Private International Law negotiate a global convention on jurisdiction and the recognition of civil judgments resulted in a laboratory for the new-found competence of the Community. Thus, negotiations already underway--which included delegations from all 15 EU Member States--were affected significantly by the transfer of competence from those states to the Community institutions for matters under consideration at …
The Communities That Make Standards Of Care Possible, Anita Bernstein
The Communities That Make Standards Of Care Possible, Anita Bernstein
Faculty Scholarship
No abstract provided.
Informed Consent And Patients' Rights In Japan: 2001 Epilogue, Robert B. Leflar
Informed Consent And Patients' Rights In Japan: 2001 Epilogue, Robert B. Leflar
Robert B Leflar
Japan is on a steeper trajectory toward the incorporation of informed consent principles into medical practice than the “gradual transformation” observed in a 1996 article, Informed Consent and Patients’ Rights in Japan. Among the most significant recent developments from 1996 to 2001 have been these seven: (1) the 1997 enactment of the Organ Transplantation Law permitting the use of brain death criteria in limited circumstances in which informed consent is present; (2) the strengthening of patients’ rights in clinical drug trials; (3) the continued trend toward increasing disclosure to patients of cancer diagnoses; (4) initiatives by the health ministry toward …
Introducción Al Estudio De La Interpretación En El Código Civil Peruano, Gastón Fernández Cruz
Introducción Al Estudio De La Interpretación En El Código Civil Peruano, Gastón Fernández Cruz
Gastón Fernández Cruz
No abstract provided.