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Criminal Procedure

2010

Brigham Young University Law School

Articles 1 - 5 of 5

Full-Text Articles in Law

But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony, Peter Nicolas Nov 2010

But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony, Peter Nicolas

BYU Law Review

No abstract provided.


Private Relationships And Public Problems: Applying Principles Of Relational Contract Theory To Domestic Violence, Tamara L. Kuennen May 2010

Private Relationships And Public Problems: Applying Principles Of Relational Contract Theory To Domestic Violence, Tamara L. Kuennen

BYU Law Review

No abstract provided.


A Fool For A Client: Competency Standards In Pro Se Cases , Reed Willis Mar 2010

A Fool For A Client: Competency Standards In Pro Se Cases , Reed Willis

BYU Law Review

No abstract provided.


No Longer The Right To Remain Silent: Cross-Examining Forensic Analyst Testimony, Casey Unwin Mar 2010

No Longer The Right To Remain Silent: Cross-Examining Forensic Analyst Testimony, Casey Unwin

BYU Law Review

No abstract provided.


Close Enough For Government Work: The Committee Rulemaking Game, Paul Stancil Jan 2010

Close Enough For Government Work: The Committee Rulemaking Game, Paul Stancil

Faculty Scholarship

Procedural rules in U.S. courts often have predictable and systemic substantive consequences. Yet the vast majority of procedural rules are drafted, debated, and ultimately enacted by a committee rulemaking process substantially removed from significant legislative or executive supervision. This Article explores the dynamics of the committee rulemaking process through a game-theoretical lens. The model reveals that inferior players in the committee rulemaking game - advisory committees, the Standing Committee on Rules of Practice and Procedure, the Judicial Conference and the Supreme Court - are sometimes able to arbitrage Congressional transaction costs to obtain results at odds with the results Congress …