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Articles 1 - 20 of 20
Full-Text Articles in Law
The Right To Appeal In Comparative Perspective, Dražan Djukić
The Right To Appeal In Comparative Perspective, Dražan Djukić
The Journal of Appellate Practice and Process
Appellate procedures regarding the most serious crimes under domestic law are, in general, conducted differently in common law and civil law systems. This article reviews the differences concerning the primary facets of such proceedings, namely prosecutorial rights of appeal, access to appellate review, the scope of appellate review, the admission of additional evidence, appellate decisionmaking powers, and the functions of appellate review. It then explains that these differences result from dissimilar decisionmaking processes, degrees of adherence to the search for the truth, and sources of law.
Constitutional Law—Extraditing The Foreign Fugitive: Disentitlement In Civil Forfeiture, United States V. All Assets Listed In Attachment A, 89 F. Supp. 3d 817 (E.D. Va. 2015), Nicole Murray
University of Arkansas at Little Rock Law Review
No abstract provided.
Calling On U.S. Courts To Adopt Canada's Unified Approach To Statutory Interpretation, Amir Pichhadze
Calling On U.S. Courts To Adopt Canada's Unified Approach To Statutory Interpretation, Amir Pichhadze
The Journal of Appellate Practice and Process
No abstract provided.
Introduction - Papers From The 2013 American Society Of Comparative Law Annual Meeting, Kenneth S. Gallant, Sarah Howard Jenkins
Introduction - Papers From The 2013 American Society Of Comparative Law Annual Meeting, Kenneth S. Gallant, Sarah Howard Jenkins
University of Arkansas at Little Rock Law Review
No abstract provided.
Globalization And Private International Law In Commonwealth Africa, Richard Frimpoong Oppong
Globalization And Private International Law In Commonwealth Africa, Richard Frimpoong Oppong
University of Arkansas at Little Rock Law Review
No abstract provided.
The Snowden Revelations, The Transatlantic Trade And Investment Partnership And The Divide Between U.S.- Eu In Data Privacy Protection, Ioanna Tourkochoriti
The Snowden Revelations, The Transatlantic Trade And Investment Partnership And The Divide Between U.S.- Eu In Data Privacy Protection, Ioanna Tourkochoriti
University of Arkansas at Little Rock Law Review
No abstract provided.
Introduction-Papers From The 2013 American Society Of Comparative Law Annual Meeting, Sarah Howard Jenkins, Kenneth S. Gallant
Introduction-Papers From The 2013 American Society Of Comparative Law Annual Meeting, Sarah Howard Jenkins, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
The Specter Of Civil Law Clawback Actions Haunting U.S. And Uk Charitable Giving, Aaron Schwabach
The Specter Of Civil Law Clawback Actions Haunting U.S. And Uk Charitable Giving, Aaron Schwabach
Faculty Scholarship
No abstract provided.
Mexico's Dilemma: Workers' Rights Or Workers' Comparative Advantage In The Age Of Globalization?, Ranko Shiraki Oliver
Mexico's Dilemma: Workers' Rights Or Workers' Comparative Advantage In The Age Of Globalization?, Ranko Shiraki Oliver
Faculty Scholarship
No abstract provided.
Comparative Law And International Human Rights Law: Non-Retroactivity And Lex Certa In Criminal Law, Kenneth S. Gallant
Comparative Law And International Human Rights Law: Non-Retroactivity And Lex Certa In Criminal Law, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
About Coincidence, Nancy Bellhouse May
About Coincidence, Nancy Bellhouse May
The Journal of Appellate Practice and Process
No abstract provided.
Comparing Appels And Oranges: Evaluating The Link Between Appeal Processes And Judiciary Structures In Canada And France, Mike Madden
The Journal of Appellate Practice and Process
No abstract provided.
Of Charities And Clawbacks: The European Union Proposal On Successions And Wills As A Threat To Charitable Giving, Aaron Schwabach
Of Charities And Clawbacks: The European Union Proposal On Successions And Wills As A Threat To Charitable Giving, Aaron Schwabach
Faculty Scholarship
In the United Kingdom, and to a lesser extent the United States, an inter vivos gift, once given, cannot be reclaimed by the giver's heirs. In civil law countries the situation is quite different: Not only spouses, but issue and in some cases even ascendants, are entitled to a forced share of a decedent's estate--and these forced shares are assessed against a notional “estate” that includes the testator's inter vivos gifts. If the total of these forced shares exceeds the amount actually available in the decedent's estate at death, the recipients of the gifts, or their successors, may be forced …
Beyond Manson And Lukolongo: A Critique Of American And Zambian Eyewitness Law With Recommendations For Reform In The Developing World, Nicholas A. Kahn-Fogel
Beyond Manson And Lukolongo: A Critique Of American And Zambian Eyewitness Law With Recommendations For Reform In The Developing World, Nicholas A. Kahn-Fogel
Faculty Scholarship
This article is a comparative analysis of U.S. and Zambian eyewitness law. I analyze the two countries' approaches to eyewitness law in the context of the longstanding debate on whether rules or standards best effectuate underlying social values. With regard to the United States, I conclude that either a rule or a standard for admission of eyewitness evidence could provide effective protection of defendants' due process rights while also promoting the societal interest in admitting reliable proof of guilt. I then conduct the first comprehensive analysis of Zambian eyewitness cases and conclude that Zambian eyewitness law is, in some ways, …
Scholarly Discourse And The Cementing Of Norms: The Case Of The Indian Supreme Court - And A Plea For Research, Jayanth K. Krishnan
Scholarly Discourse And The Cementing Of Norms: The Case Of The Indian Supreme Court - And A Plea For Research, Jayanth K. Krishnan
The Journal of Appellate Practice and Process
No abstract provided.
In The Twelve Years Of Nafta, The Treaty Gave To Me ... What, Exactly?: An Assessment Of Economic, Social, And Political Developments In Mexico Since 1994 And Their Impact On Mexican Immigration Into The United States, Ranko Shiraki Oliver
Faculty Scholarship
No abstract provided.
Selecting The Supremes: The Appointment Of Judges To The Supreme Court Of Canada, Peter Mccormick
Selecting The Supremes: The Appointment Of Judges To The Supreme Court Of Canada, Peter Mccormick
The Journal of Appellate Practice and Process
No abstract provided.
The Oral Judgment Practice In The Canadian Appellate Courts, J. E. Côté
The Oral Judgment Practice In The Canadian Appellate Courts, J. E. Côté
The Journal of Appellate Practice and Process
No abstract provided.
The Connotation/Denotation Distinction In Constitutional Interpretation, Christopher Birch
The Connotation/Denotation Distinction In Constitutional Interpretation, Christopher Birch
The Journal of Appellate Practice and Process
No abstract provided.
The Supreme Court Of Canada: Its History, Powers And Responsibilities, Frank Iacobucci
The Supreme Court Of Canada: Its History, Powers And Responsibilities, Frank Iacobucci
The Journal of Appellate Practice and Process
No abstract provided.