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Articles 31 - 52 of 52
Full-Text Articles in Law
Due Process Erosion: The Diminution Of Live Testimony At The Icty, Megan A. Fairlie
Due Process Erosion: The Diminution Of Live Testimony At The Icty, Megan A. Fairlie
Faculty Publications
Shortly after its creation in 1993, the International Criminal Tribunal for the former Yugoslavia (ICTY) adopted an adversarial construct and advocated a preference for the presentation of direct evidence, or live witness testimony, in its criminal trials. In the wake of that decision and under considerable pressure to expedite its proceedings, the ICTY judges responded with efforts to streamline the trial process, amending the Tribunal’s Rules of Procedure and Evidence so as to incrementally increase the admissibility of written evidence. This article tracks the relevant rule changes and questions the merit of the decision to move away from live testimony. …
Factless Jurisprudence, Darren Hutchinson
Progressive Race Blindness: Individual Identity, Group Politics, And Reform, Darren Hutchinson
Progressive Race Blindness: Individual Identity, Group Politics, And Reform, Darren Hutchinson
Darren L Hutchinson
Critical Race Theorists advance race consciousness as a positive instrument for political and legal reform. A growing body of works by left-identified scholars, however, challenges this traditional progressive stance toward race consciousness.
After summarizing the contours of this budding literature, this Article criticizes the "progressive race blindness" scholarship on several grounds and offers an alternative approach to race consciousness that balances skepticism towards the naturalness of race with a healthy appreciation of the realities of racial subjugation and identity.
The Roles Of Litigation, Stephen B. Burbank
The Roles Of Litigation, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
New Complexity Theories: From Theoretical Innovation To Doctrinal Reform, Darren Hutchinson
New Complexity Theories: From Theoretical Innovation To Doctrinal Reform, Darren Hutchinson
Darren L Hutchinson
No abstract provided.
Identity Crisis: Intersectionality, Multidimensionality, And The Development Of An Adequate Theory Of Subordination, Darren Hutchinson
Identity Crisis: Intersectionality, Multidimensionality, And The Development Of An Adequate Theory Of Subordination, Darren Hutchinson
Darren L Hutchinson
No abstract provided.
The Supreme Court's Backwards Proportionaility Jurisprudence: Comparing Judicial Review Of Excessive Criminal Punishments And Excessive Punitive Damages Award, Adam M. Gershowitz
The Supreme Court's Backwards Proportionaility Jurisprudence: Comparing Judicial Review Of Excessive Criminal Punishments And Excessive Punitive Damages Award, Adam M. Gershowitz
Faculty Publications
No abstract provided.
Standing For Protection Of Collective Rights In The European Communities, Alison Peck
Standing For Protection Of Collective Rights In The European Communities, Alison Peck
Law Faculty Scholarship
No abstract provided.
Ignoring The Sexualization Of Race: Heteronormativity, Critical Race Theory And Anti-Racist Politics, Darren Hutchinson
Ignoring The Sexualization Of Race: Heteronormativity, Critical Race Theory And Anti-Racist Politics, Darren Hutchinson
Darren L Hutchinson
No abstract provided.
Retroactivity And Legal Change: An Equilibrium Approach, Jill E. Fisch
Retroactivity And Legal Change: An Equilibrium Approach, Jill E. Fisch
All Faculty Scholarship
In this Article, Professor Fisch assesses currrent retroactivity doctrine and proposes a new framework for retroactivity analysis. Current law has failed to reflect the complexity of defining retroactivity and to harmonize the conflicting concerns of efficiency and fairness that animate retroactivity doctrine. By drawing a sharp distinction between adjudication and legislation, the law has also overlooked the similarity of the issues that retroactivity raises in both contexts. Professor Fisch's analysis, influenced by the legal process school, uses an equilibrium approach to connect retroactivity analysis to theories of legal change. Instead of focusing on the nature of the new legal rule, …
Out Yet Unseen: A Racial Critique Of Gay And Lesbian Legal Theory And Political Discourse, Darren Hutchinson
Out Yet Unseen: A Racial Critique Of Gay And Lesbian Legal Theory And Political Discourse, Darren Hutchinson
Darren L Hutchinson
The World In Our Courts, Stephen B. Burbank
The World In Our Courts, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Reconsidering The Employment Contract Exclusion In Section 1 Of The Federal Arbitration Act: Correcting The Judiciary's Failure Of Statutory Vision, Jeffrey W. Stempel
Reconsidering The Employment Contract Exclusion In Section 1 Of The Federal Arbitration Act: Correcting The Judiciary's Failure Of Statutory Vision, Jeffrey W. Stempel
Scholarly Works
The Federal Arbitration Act (the Act), seeks to eliminate centuries of perceived judicial hostility toward arbitration agreements. The Act made written arbitration agreements involving interstate commerce specifically enforceable. It also provided a procedural structure for enforcing awards, which were protected through deferential judicial review. The Act intended to have a wide reach, employing a broad definition of commerce that has presumably grown in breadth along with the expansion of judicial notions of commerce. Although courts applied the Act in tentative and cautious fashion until the 1960's, arbitration gained momentum during the 1970's and the 1980's. Despite growing judicial enthusiasm for …
Assumption Of Risk In New York Under Cplr 1411: Complete Bar Or Comparative Fault?, Thomas P. Lalor
Assumption Of Risk In New York Under Cplr 1411: Complete Bar Or Comparative Fault?, Thomas P. Lalor
Touro Law Review
No abstract provided.
Beyond The Rhetoric Of Dirty Laundry: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Hutchinson
Beyond The Rhetoric Of Dirty Laundry: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Hutchinson
Darren L Hutchinson
No abstract provided.
The Costs Of Complexity, Stephen B. Burbank
The Costs Of Complexity, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Interjurisdictional Preclusion, Full Faith And Credit And Federal Common Law: A General Approach, Stephen B. Burbank
Interjurisdictional Preclusion, Full Faith And Credit And Federal Common Law: A General Approach, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Interjurisdictional Preclusion And Federal Common Law: Toward A General Approach, Stephen B. Burbank
Interjurisdictional Preclusion And Federal Common Law: Toward A General Approach, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
An Intermediate National Appellate Court: Solution Or Diversion, Stephen C. White
An Intermediate National Appellate Court: Solution Or Diversion, Stephen C. White
Villanova Law Review
No abstract provided.
Diplomatic Immunity-Jurisdiction-Adequacy Of Service By Mail On Foreign Government Agency: Petrol Shipping Corp. V. Kingdom Of Greece, Ministry Of Commerce, Purchase Directorate (2d Cir. 1966), Martin Belsky
Akron Law Faculty Publications
Casenote: Petrol Shipping Corp. v. Kingdom of Greece, Ministry of Commerce, Purchase Directorate, 360 F.2d 103 (2d Cir. 1966).
Diplomatic Immunity-Jurisdiction-Adequacy Of Service By Mail On Foreign Government Agency: Petrol Shipping Corp. V. Kingdom Of Greece, Ministry Of Commerce, Purchase Directorate (2d Cir. 1966), Martin Belsky
Martin H. Belsky
Casenote: Petrol Shipping Corp. v. Kingdom of Greece, Ministry of Commerce, Purchase Directorate, 360 F.2d 103 (2d Cir. 1966).
The Next Step: Uniform Rules For The Courts Of Appeals, Milton D. Green
The Next Step: Uniform Rules For The Courts Of Appeals, Milton D. Green
Vanderbilt Law Review
The adoption of the Federal Rules of Civil Procedure in 1938 maybe regarded as one of the great landmarks of procedural reform in the United States. The many innovations and improvements over prior practice which were effected are well known. Not the least of these was the achievement of uniformity of procedure in all of the federal district courts of the United States, replacing the chaotic confusion which had existed under the Conformity Act.' Although the Federal Rules were addressed primarily to practice and procedure in the district courts, they also dealt with certain aspects of appellate practice. This was …