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Citations To Foreign Courts -- Illegitimate And Superfluous, Or Unavoidable? Evidence From Europe, Martin Gelter, Mathias M. Siems
Citations To Foreign Courts -- Illegitimate And Superfluous, Or Unavoidable? Evidence From Europe, Martin Gelter, Mathias M. Siems
Faculty Scholarship
The theoretical arguments in favour and against citations to foreign courts have reached a high degree of sophistication. Yet, this debate is often based on merely anecdotal assumptions about the actual use of cross-citations. This article aims to fill this gap. It provides quantitative evidence from ten European supreme courts in order to assess the desirability of such cross-citations. In addition, it examines individual cases qualitatively, developing a taxonomy of cross-citations based on the degree to which courts engage with foreign law. Overall, this article high-lights the often superficial nature of cross-citations in the some courts; yet, it also concludes …
Prosecutors’ Disclosure Obligations In The U.S., Bruce A. Green, Peter A. Joy
Prosecutors’ Disclosure Obligations In The U.S., Bruce A. Green, Peter A. Joy
Faculty Scholarship
The article offers information on the prosecutor's discovery disclosure obligation in the U.S. Topics discussed include efforts of defense attorney in the prosecutor's disclosure obligation, efforts beyond the professional discipline, and legal enforcement to promote and support the approach of prosecutor's disclosure obligation, and collection of material used as evidence in the civil or criminal litigation.