Open Access. Powered by Scholars. Published by Universities.®

Jurisprudence Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 2 of 2

Full-Text Articles in Jurisprudence

Pothole Laws, Appellate Courts, And Judicial Drift, Kenneth L. Gartner Oct 2018

Pothole Laws, Appellate Courts, And Judicial Drift, Kenneth L. Gartner

The Journal of Appellate Practice and Process

This article begins by describing the structure of the appellate system in New York state, introducing the features of the typical New York pothole law, and summarizing the New York cases that set the substantive and procedural background for a discussion and analysis of judicial drift.


The Right To Appeal In Comparative Perspective, Dražan Djukić Oct 2018

The Right To Appeal In Comparative Perspective, Dražan Djukić

The Journal of Appellate Practice and Process

Appellate procedures regarding the most serious crimes under domestic law are, in general, conducted differently in common law and civil law systems. This article reviews the differences concerning the primary facets of such proceedings, namely prosecutorial rights of appeal, access to appellate review, the scope of appellate review, the admission of additional evidence, appellate decisionmaking powers, and the functions of appellate review. It then explains that these differences result from dissimilar decisionmaking processes, degrees of adherence to the search for the truth, and sources of law.