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Full-Text Articles in Law
Beyond Finality: How Making Criminal Judgments Less Final Can Further The Interests Of Finality, Andrew Chongseh Kim
Beyond Finality: How Making Criminal Judgments Less Final Can Further The Interests Of Finality, Andrew Chongseh Kim
Andrew Chongseh Kim
Courts and scholars commonly assume that granting convicted defendants more liberal rights to challenge their judgments would harm society’s interests in “finality.” According to conventional wisdom, finality in criminal judgments is necessary to conserve resources, encourage efficient behavior by defense counsel, and deter crime. Thus, under the common analysis, the extent to which convicted defendants should be allowed to challenge their judgments depends on how much society is willing to sacrifice to validate defendants’ rights. This Article argues that expanding defendants’ rights on post-conviction review does not always harm these interests. Rather, more liberal review can often conserve state resources, …
Daddy Warriors: The Battle To Equalize Paternity Leave In The United States By Breaking Gender Stereotypes; A Fourteenth Amendment Equal Protection Analysis, Abraham Z. Melamed
Daddy Warriors: The Battle To Equalize Paternity Leave In The United States By Breaking Gender Stereotypes; A Fourteenth Amendment Equal Protection Analysis, Abraham Z. Melamed
Abraham Z Melamed
No abstract provided.
Timeless Trial Strategies And Tactics: Lessons From The Classic Claus Von Bülow Case, Daniel M. Braun
Timeless Trial Strategies And Tactics: Lessons From The Classic Claus Von Bülow Case, Daniel M. Braun
Daniel M Braun
In this new Millennium -- an era of increasingly complex cases -- it is critical that lawyers keep a keen eye on trial strategy and tactics. Although scientific evidence today is more sophisticated than ever, the art of effectively engaging people and personalities remains prime. Scientific data must be contextualized and presented in absorbable ways, and attorneys need to ensure not only that they correctly understand jurors, judges, witnesses, and accused persons, but also that they find the means to make their arguments truly resonate if they are to formulate an effective case and ultimately realize justice. A decades-old case …
Defenseless Self-Defense: An Essay On Goldberg And Zipursky's Civil Recourse Defended, Alan Calnan
Defenseless Self-Defense: An Essay On Goldberg And Zipursky's Civil Recourse Defended, Alan Calnan
Alan Calnan
In a recent symposium published by the Indiana Law Journal, Professors John C.P. Goldberg and Benjamin C. Zipursky offer a spirited defense of their theory of civil recourse, which sees the tort system exclusively as a means of empowering victims of wrongs. This essay assails that defense, finding it curiously defenseless in three related respects. First, civil recourse’s key tenets are particularly vulnerable to criticism because they are quietly reductive, inscrutably vague, and highly unstable. Second, even in its most coherent form, civil recourse theory literally lacks any meaningful explanation of the defensive rights at play within the tort system. …
The Behavioral Psychology Of Appellate Persuasion, James Ridgway
The Behavioral Psychology Of Appellate Persuasion, James Ridgway
James D. Ridgway
This article uses behavioral psychology research to work backward from how appellate decisions are made to how oral argument, briefing, and argument design can have the maximum impact on the decision makers. Appellate judges are human beings who have the same basic cognitive processes as any others. Understanding these decision-making processes is the key to understanding how to best utilize the few minutes of argument and few pages of briefing that you have to affect what the decision in a case will say. In addition to illuminating the most effective ways to communicate, it also provides insight into how best …