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Full-Text Articles in Law
Defining Civil Disputes: Lessons From Two Jurisdictions, Camille Cameron, Elizabeth Thornburg
Defining Civil Disputes: Lessons From Two Jurisdictions, Camille Cameron, Elizabeth Thornburg
Articles, Book Chapters, & Popular Press
Court systems have adopted a variety of mechanisms to narrow the issues in dispute and expedite litigation. This article analyses the largely unsuccessful attempts in two jurisdictions - the United States and Australia - to achieve early and efficient issue identification in civil disputes. Procedures that rely on pleadings to provide focus have failed for centuries, from the common (English) origins of these two systems to their divergent modern paths. Case management practices that are developing in the United States and Australia offer greater promise in the continuing quest for early, efficient dispute definition. Based on a historical and contemporary …
Criminal Reports: United States Of America V. Khadr, Steve Coughlan, Robert Currie
Criminal Reports: United States Of America V. Khadr, Steve Coughlan, Robert Currie
Articles, Book Chapters, & Popular Press
The United States of America sought the extradition of the applicant to face terrorism-related charges. The applicant had been taken into custody by the Pakistani Intelligence Agency, the ISI, and held in a secret detention centre for approximately fourteen months before he was released and repatriated to Canada. He had been interrogated by American FBI agents while in Pakistan and had given them a statement. He also gave a statement to CSIS following his return to Canada, and shortly after that gave a second statement to FBI officials. The applicant sought a stay of proceedings of the extradition hearing on …
Defining Civil Disputes: Lessons From Two Jurisdictions, Elizabeth Thornburg, Camille Cameron
Defining Civil Disputes: Lessons From Two Jurisdictions, Elizabeth Thornburg, Camille Cameron
Articles, Book Chapters, & Popular Press
Court systems have adopted a variety of mechanisms to narrow the issues in dispute and expedite litigation. This article analyses the largely unsuccessful attempts in two jurisdictions - the United States and Australia - to achieve early and efficient issue identification in civil disputes. Procedures that rely on pleadings to provide focus have failed for centuries, from the common (English) origins of these two systems to their divergent modern paths. Case management practices that are developing in the United States and Australia offer greater promise in the continuing quest for early, efficient dispute definition. Based on a historical and contemporary …