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Defense Counsel, Trial Judges, And Evidence Production Protocols, Darryl K. Brown
Defense Counsel, Trial Judges, And Evidence Production Protocols, Darryl K. Brown
Darryl K. Brown
This essay, a contribution to the 2012 Texas Tech Symposium on the Sixth Amendment, argues that constitutional criminal adjudication provisions are fruitfully viewed not primarily as defendant rights but as procedural components that, when employed, maximize the odds that adversarial adjudication will succeed in its various goals, notably accurate judgments. On this view, the state has an interest in how those procedural mechanisms, especially regarding fact investigation and evidence gathering, are invoked or implemented. Deficient attorney performance, on this view, can be understood as a problem of the state’s adversarial adjudication process, for which public officials—notably judges, whose judgments depend …
Recent Private International Law Developments Before The Supreme Court Of Canada, Antonin I. Pribetic
Recent Private International Law Developments Before The Supreme Court Of Canada, Antonin I. Pribetic
Antonin I. Pribetic
A trilogy of interesting cases involving private international law recently wended their way to the Supreme Court of Canada: (1) King v. Drabinsky (an Ontario case addressing the applicability of the Charter in respect of the enforcement of a foreign judgment); (2) Teck Cominco Metals Ltd. v. Lloyd's Underwriters (a British Columbia case involving declaratory relief in the context of parallel proceedings and forum non conveniens); and (3) Yugraneft v. Rexx Management Corporation (an Alberta case which affirmed that the two-year limitation period under s.3 of Alberta's Limitations Act, governs when a party seeks the recognition and enforcement in Alberta …