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Criminal Procedure

William & Mary Law School

Civil Procedure

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The Haves Of Procedure, Ion Meyn Apr 2019

The Haves Of Procedure, Ion Meyn

William & Mary Law Review

In litigation, “haves” and “have-nots” battle over what procedures should govern. Yet, much greater hostilities have been avoided—a war between the “haves” themselves. “Criminal haves” (prosecutors) and “civil haves” (institutional players) litigate in separate territories and under different sets of rules. This is good, for them, because they have incompatible objectives. This Article contends that protecting the “haves” from each other has profoundly influenced the development of procedure in the United States.

The “haves” reap significant benefits in being insulated from each other as they seek rules responsive to their unique preferences. A “criminal have” seeks easy access to the …


The Motion To Strike Out The Evidence In Virginia, J. Brendel Jan 1965

The Motion To Strike Out The Evidence In Virginia, J. Brendel

William & Mary Law Review

No abstract provided.