Law Commons^™

The Right To Waive Competent Counsel: Extending The Faretta Waiver, Augustine Gerard Yee

Pepperdine Law Review

No abstract provided.

Milking The New Sacred Cow: The Supreme Court Limits The Peremptory Challenge On Racial Grounds In Powers V. Ohio And Edmonson V. Leesville Concrete Co., Bradley R. Kirk

Pepperdine Law Review

No abstract provided.

Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon

Pepperdine Law Review

No abstract provided.

Dedicatory Address: The Art Of A Jury Trial, Louis Nizer

Pepperdine Law Review

No abstract provided.

Introduction To Dedicatory Address, Gerald F. Phillips

Pepperdine Law Review

No abstract provided.

Scientific Evidence In The Age Of Daubert: A Proposal For A Dual Standard Of Admissibility In Civil And Criminal Cases , William P. Haney Iii

Pepperdine Law Review

No abstract provided.

Toward A Balanced Approach To "Frivolous" Litigation: A Critical Review Of Federal Rule 11 And State Sanctions Provisions , Byron C. Keeling

Pepperdine Law Review

No abstract provided.

The Effect Of Location In The Courtroom On Jury Perception Of Lawyer Performance, Jeffrey S. Wolfe

Pepperdine Law Review

No abstract provided.

Civil Practice And Procedure, Andrew P. Sherrod

University of Richmond Law Review

This article surveys recent and significant developments in Virginia civil practice and procedure. Specifically, the article discusses selected opinions of the Supreme Court of Virginia from September 2011 through June 2012, addressing new or meaningful civil procedure topics; significant amendments to the Rules of the Supreme Court ofVirginia concerning procedural issues during the same period; and legislation enacted by the Virginia General Assembly during the 2012 session that relates to civil practice.

Criminal Law And Procedure, Aaron J. Campbell, Kathleen B. Martin

University of Richmond Law Review

This article aims to give the criminal law practitioner a succinct review of significant cases regarding criminal law and procedure decided by the Supreme Court of Virginia and the Court ofAppeals of Virginia during the past year. The authors have focused their discussion of the cases on cogent points found in the holdings. The article also briefly summarizes recent legislative enactments pertaining to criminal law.

Detention In Non-International Armed Conflicts, Knut Dormann

International Law Studies

No abstract provided.

Legal Applications Of Modern Finance, Matthew E. Cavanaugh Mba Cpa Esq.

Matthew E. Cavanaugh MBA CPA Esq.

While scholars and practitioners have applied economics to law successfully for decades, there has been almost no similar application of modern finance. Courts have used the central concept of classical finance, time value of money, for many years, but their use is still unsophisticated.

This article details two ways to apply modern finance to law. This article first describes a method of improving courts’ time value of money calculations, by using a systematically complete four factor analysis to determine the appropriate discount rate. This article then describes a method of calculating future damages that uses market price of risk, based …

The Propriety Of Jury Questioning: A Remedy For Perceived Harmless Error, Laurie Forbes Neff

Pepperdine Law Review

No abstract provided.

Following The Rules: Exclusion Of Witness, Sequestration, And No-Consultation Orders, Richard H. Underwood

Law Faculty Scholarly Articles

In this Article, Professor Underwood discusses the varying application of Rule 615 of the Federal Rules of Evidence, which provides for the exclusion of witnesses. He explains that varying application of Rule 615 and state evidence rules following Rule 615's language creates misunderstandings at trial. Thus, it is important to know not only the federal and local rules but also the "way things are done" in a particular court.

The Impact On "The Vanishing Trial" If People Of Faith Were Faithful To Religious Principles Of Settling Disputes Without Litigation , Anthony R. Benedetto

Pepperdine Dispute Resolution Law Journal

Commentators have expressed concern about "the vanishing trial" with respect to the possible loss of precedent and the loss of opportunities for aggrieved persons to have their concerns resolved in the judicial arena. Ignoring the controversy surrounding whether the number of trials is actually decreasing significantly, this paper asks whether the number of trials would be significantly affected if all people of faith resolved their disputes within their religious communities, or at least outside of the secular court setting. The impact on secular case law of the disappearance of such disputes is then estimated. Finally, recommendations are presented for overcoming …

Benefits Of Courtroom Cameras Outweigh Costs, Jeremy Harris Lipschultz

Communication Faculty Publications

The Illinois Supreme Court recently authorized the use of television cameras and "other recording devices" for "extended media coverage" of the courts in the state. For the first time, this extends access in that state to all trial courts following an appellate experiment that began in the 1980s. It took the efforts of Illinois Supreme Court Chief Justice Thomas Kilbride to "bring more transparency and accountability" to the sometimes troubled Illinois criminal justice system.

Stare Decisis And Conflicts Between The Divisions Of Washington State Court Of Appeals: Resolving A Problem At The Trial Court Level, Mark Deforrest

Mark DeForrest

The Washington Court of Appeals is a single court that sits in three geographically distinct divisions. A case from a division is binding on trial courts throughout the state, but not on the other divisions within the court of appeals. Conflicts between the divisions occur, placing trial courts in a Catch-22 situation when faced with conflicting authorities from the court of appeals. This article identifies and explains the problem, and provides background information on the history and function of Washington's junior appellate court. The article also identifies and critiques four possible solutions of the problem facing trial courts. Ultimately, the …

Narrative And Drama In The American Trial, Robert P. Burns

Faculty Working Papers

This short essay summarizes an understanding of the trial as a medium in which law is realized or actualized, rather than imposed or enforced. It suggests that we should pay close attention to the actual practices that prevail at trial, its "consciously structured hybrid" of languages and practices, if we want to understand the nature of law.

Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky

Touro Law Review

Touro Law School's three-day conference on the Dreyfus affair provided an opportunity to re-examine the libel trial Émile Zola. A modern view on tort law is provided to analyze this case as if it unfolded today.

Innocence Is Different: Taking Innocence Into Account In Reforming Criminal Procedure, D. Michael Risinger, Lesley C. Risinger

NYLS Law Review

No abstract provided.

Models Of Justice To Protect Innocent Persons, Tim Bakken

NYLS Law Review

No abstract provided.