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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
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
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
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
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
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
The Felony-Murder Rule: A Doctrine At Constitutional Crossroads, Nelson E. Roth, Scott E. Sundby
Articles
No abstract provided.