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Full-Text Articles in Law
Rape Shield Laws--Is It Time For Reinforcement?, Catherine L. Kello
Rape Shield Laws--Is It Time For Reinforcement?, Catherine L. Kello
University of Michigan Journal of Law Reform
This Note takes a critical look at civil suits arising from allegations of rape, particularly from the perspective of how these actions run counter to the spirit of rape reform and rape shield legislation. The analysis begins with a brief history of the Rape Shield Law and its intended purposes. Part II then utilizes two cases to outline the current dilemma posed by civil suits that are filed during a pending criminal sexual conduct prosecution. After presenting these cases, Part III considers whether a legislative remedy is required and determines that it is. Part IV then proposes a Model Statute. …
The Unsolved Problem In Taking Evidence Abroad: The Non-Rule Of Aerospatiale, William L. Wilks, Nancy E. Goldberg
The Unsolved Problem In Taking Evidence Abroad: The Non-Rule Of Aerospatiale, William L. Wilks, Nancy E. Goldberg
Penn State International Law Review
In the Aerospatiale decision, the United States Supreme Court attempts to define the powers of American courts to compel discovery from foreign litigants in those courts, in light of the Hague Evidence Convention. This article initially examines the various interpretations of the Convention used to solve the "apples/oranges" problem, encountered by litigants from different nations and incompatible jurisprudential systems, when they seek to obtain evidence located outside the U.S. or in the control of a foreign litigant. The Court's response to this problem is later addressed by an analysis of its decision, which seems to confuse the situation further, for …