Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 6 of 6

Full-Text Articles in Law

Due Process Implications Of Shifting The Burden Of Proof In Forfeiture Proceedings Arising Out Of Illegal Drug Transactions, Peter Petrou Sep 1984

Due Process Implications Of Shifting The Burden Of Proof In Forfeiture Proceedings Arising Out Of Illegal Drug Transactions, Peter Petrou

Duke Law Journal

No abstract provided.


Evidentiary Problems In--And Solutions For--The Uniform Commercial Code, Ronald J. Allen, Robert A. Hillman Feb 1984

Evidentiary Problems In--And Solutions For--The Uniform Commercial Code, Ronald J. Allen, Robert A. Hillman

Cornell Law Faculty Publications

The Uniform Commercial Code does not offer a systematic approach to the rules governing the evidentiary relationships of parties to commercial litigation. In this article, Professors Allen and Hillman present a general analytical approach to proof rules, highlight the shortcomings of the Code's evidentiary provisions, and discuss the inevitable confusion in the case law construing the Code. They propose an amendment to the Code designed to clarify and improve the Code approach.


Environmental Policy Law In The 1980'S: Shifting Back The Burden Of Proof, Martin H. Belsky Jan 1984

Environmental Policy Law In The 1980'S: Shifting Back The Burden Of Proof, Martin H. Belsky

Akron Law Faculty Publications

This article will describe the legal and policy burdens of proof applicable to environmental decision-making and the shifts that have occurred in allocating those burdens. The initial change occurred when common-law principles gave way to a pro-protection legal framework established during an "environmental era." The second change occurred more recently when a new environmental policy law agenda was set. Through regulatory reforms, policy alterations, statutory proposals and budgetary and personnel actions, the federal executive is now seeking to develop a more pro-development structure and again place the burden of proof on those seeking to secure government action to protect the …


Environmental Policy Law In The 1980'S: Shifting Back The Burden Of Proof, Martin H. Belsky Jan 1984

Environmental Policy Law In The 1980'S: Shifting Back The Burden Of Proof, Martin H. Belsky

Martin H. Belsky

This article will describe the legal and policy burdens of proof applicable to environmental decision-making and the shifts that have occurred in allocating those burdens. The initial change occurred when common-law principles gave way to a pro-protection legal framework established during an "environmental era." The second change occurred more recently when a new environmental policy law agenda was set. Through regulatory reforms, policy alterations, statutory proposals and budgetary and personnel actions, the federal executive is now seeking to develop a more pro-development structure and again place the burden of proof on those seeking to secure government action to protect the …


Protecting Society And Defendants Too: The Constitutional Dilemma Of Mental Abnormality And Intoxication Defenses, Susan F. Mandiberg Jan 1984

Protecting Society And Defendants Too: The Constitutional Dilemma Of Mental Abnormality And Intoxication Defenses, Susan F. Mandiberg

Fordham Law Review

No abstract provided.


The Felony-Murder Rule: A Doctrine At Constitutional Crossroads, Nelson E. Roth, Scott E. Sundby Jan 1984

The Felony-Murder Rule: A Doctrine At Constitutional Crossroads, Nelson E. Roth, Scott E. Sundby

Articles

No abstract provided.