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Full-Text Articles in Law
Using Occam’S Razor To Solve International Attorney-Client Privilege Choice Of Law Issues: An Old Solution To A New Problem, Nathan M. Crystal, Francesca Giannoni-Crystal
Using Occam’S Razor To Solve International Attorney-Client Privilege Choice Of Law Issues: An Old Solution To A New Problem, Nathan M. Crystal, Francesca Giannoni-Crystal
Nathan M. Crystal
The practice of law is increasingly becoming “delocalized.” Globalization and the use of technology are two important factors in this fundamental change in practice. Delocalization is affecting almost all areas of practice, including issues involving attorney-client privilege (ACP). To some extent the choice-of-law rules governing ACP are also – like other fields of the law - being “delocalized,” but in our view only partially. This paper discusses six approaches to choice of law issues governing ACP that are being used by the courts. Aside from the traditional lex loci approach (which simply applies the law of the forum to the …
Impartiality And Independence: Misunderstood Cousins, James E. Moliterno
Impartiality And Independence: Misunderstood Cousins, James E. Moliterno
James E. Moliterno
No abstract provided.
Chinese Courts' Role In Financial Reform: On The First "Vam Agreement" Case In China, Siyi Huang
Chinese Courts' Role In Financial Reform: On The First "Vam Agreement" Case In China, Siyi Huang
Siyi Huang
Traditional belief is that courts in authoritarian regimes are only passive institutions and their authority and influence are extremely limited. Despite the conventional wisdom, it’s been noticed that Chinese courts have played a crucial role in China’s financial reform. Drawing on insights from the judgments of three Chinese courts at different levels on the first “value adjustment mechanism” case in China, this article attempts to explore the functional techniques and decision-making process of Chinese courts. The analysis of the court’ judgments suggests that Chinese courts have performed a policy-making function in deciding controversial economic cases, by transcending social and business …
Tell Us A Story, But Don't Make It A Good One: Resolving The Confusion Regarding Emotional Stories And Federal Rule Of Evidence 403, Cathren Page
Cathren Page
Abstract: Tell Us a Story, But Don’t Make It A Good One: Resolving the Confusion Regarding Emotional Stories and Federal Rule of Evidence 403 by Cathren Koehlert-Page Courts need to reword their opinions regarding Rule 403 to address the tension between the advice to tell an emotionally evocative story at trial and the notion that evidence can be excluded if it is too emotional. In the murder mystery Mystic River, Dave Boyle is kidnapped in the beginning. The audience feels empathy for Dave who as an adult becomes one of the main suspects in the murder of his friend Jimmy’s …
The United States Constitution And Its History Through The Barristers And Political, Allen E. Shoenberger
The United States Constitution And Its History Through The Barristers And Political, Allen E. Shoenberger
Allen E Shoenberger
No abstract provided.
In Quest Of The Arbitration Trifecta, Or Closed Door Litigation?: The Delaware Arbitration Program, Thomas Stipanowich
In Quest Of The Arbitration Trifecta, Or Closed Door Litigation?: The Delaware Arbitration Program, Thomas Stipanowich
Thomas J. Stipanowich
The Delaware Arbitration Program established a procedure by which businesses can agree to have their disputes heard in an arbitration proceeding before a sitting judge of the state’s highly regarded Chancery Court. The Program arguably offers a veritable trifecta of procedural advantages for commercial parties, including expert adjudication, efficient case management and short cycle time and, above all, a proceeding cloaked in secrecy. It also may enhance the reputation of Delaware as the forum of choice for businesses. But the Program’s ambitious intermingling of public and private forums brings into play the longstanding tug-of-war between the traditional view of court …