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Full-Text Articles in Law

The Adversarial Myth: Appellate Court Extra-Record Factfinding, Brianne J. Gorod Oct 2011

The Adversarial Myth: Appellate Court Extra-Record Factfinding, Brianne J. Gorod

Duke Law Journal

The United States' commitment to adversarial justice is a defining feature of its legal system. Standing doctrine, for example, is supposed to ensure that courts can rely on adverse parties to present the facts courts need to resolve disputes. Although the U.S. legal system generally lives up to this adversarial ideal, it sometimes does not. Appellate courts often look outside the record the parties developed before the trial court, turning instead to their own independent research and to factual claims in amicus briefs. This deviation from the adversarial process is an important respect in which the nation's adversarial commitment is …


Brief Of Amica Curiae, Deborah A. Demott In Support Of The Petitioner, Maples V. Thomas, Deborah A. Demott Jan 2011

Brief Of Amica Curiae, Deborah A. Demott In Support Of The Petitioner, Maples V. Thomas, Deborah A. Demott

Faculty Scholarship

No abstract provided.