Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Evidence (5)
- Dispute Resolution (4)
- Jurisprudence (4)
- Law and Society (4)
- Administrative Law (3)
-
- Agency (3)
- Agriculture Law (3)
- Constitutional Law (3)
- Economics (3)
- Energy and Utilities Law (3)
- Environmental Law (3)
- General Law (3)
- Housing Law (3)
- Human Rights Law (3)
- Land Use Planning (3)
- Law and Economics (3)
- Law and Technology (3)
- Legal Profession (3)
- Natural Resources Law (3)
- Oil, Gas, and Mineral Law (3)
- Practice and Procedure (3)
- Accounting (2)
- Admiralty (2)
- Air and Space Law (2)
- Animal Law (2)
- Antitrust (2)
- Arts and Entertainment (2)
- Banking and Finance (2)
- Bankruptcy Law (2)
- Biography (2)
- Publication
- Publication Type
Articles 1 - 7 of 7
Full-Text Articles in Evidence
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Using Capture Theory And Chronology In Eminent Domain Proceedings, John H. Ryskamp
Using Capture Theory And Chronology In Eminent Domain Proceedings, John H. Ryskamp
ExpressO
Capture theory--in which private purpose is substituted for government purpose--sheds light on a technique which is coming into greater use post-Kelo v. New London. That case affirmed that eminent domain use need only be rationally related to a legitimate government purpose. Capture theory focuses litigators' attention on "government purpose." That is a question of fact for the trier of fact. This article shows how to use civil discovery in order to show the Court that private purpose has been substituted for government purpose. If it has, the eminent domain use fails, because the use does not meet minimum scrutiny. This …
Law In The Digital Age: How Visual Communication Technologies Are Transforming The Practice, Theory, And Teaching Of Law, Richard K. Sherwin, Neal Feigenson, Christina Spiesel
Law In The Digital Age: How Visual Communication Technologies Are Transforming The Practice, Theory, And Teaching Of Law, Richard K. Sherwin, Neal Feigenson, Christina Spiesel
ExpressO
Law today has entered the digital age. The way law is practiced – how truth and justice are represented and assessed – is increasingly dependent on what appears on electronic screens in courtrooms, law offices, government agencies, and elsewhere. Practicing lawyers know this and are rapidly adapting to the new era of digital visual rhetoric. Legal theory and education, however, have yet to catch up. This article is the first systematic effort to theorize law's transformation by new visual and multimedia technologies and to set out the changes in legal pedagogy that are needed to prepare law students for practice …
Balancing The Scales Of Confidential Justice: Civil Mediation Privileges In The Criminal Arena - Indispensable, Impracticable, Or Merely Unconstitutional, Shawn P. Davisson
Balancing The Scales Of Confidential Justice: Civil Mediation Privileges In The Criminal Arena - Indispensable, Impracticable, Or Merely Unconstitutional, Shawn P. Davisson
McGeorge Law Review
No abstract provided.
Confidentiality In Arbitration: Beyond The Myth, Richard C. Reuben
Confidentiality In Arbitration: Beyond The Myth, Richard C. Reuben
Faculty Publications
Many people assume that arbitration is private and confidential. But is that assumption accurate? This article is the first to explore that question in the important context of whether arbitration communications can be discovered and admitted into evidence in other legal proceedings - a question that is just beginning to show up in the cases. It first surveys the federal and state statutory and case law, finding that arbitration communications in fact are generally discoverable and admissible. It then considers the normative desirability of discovering and admitting arbitration communications evidence, concluding that the free discovery and admissibility of arbitration communications …
Los Principios Generales Del Derecho Probatorio Y El Proceso Civil, Dr Leonardo J. Raznovich
Los Principios Generales Del Derecho Probatorio Y El Proceso Civil, Dr Leonardo J. Raznovich
Dr Leonardo J Raznovich
This article, written and published for a Spanish speaking audience, provides with a critical comparative overview of the principles of civil procedure and of the law of evidence.