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Selected Works

2011

Evidence

Articles 1 - 3 of 3

Full-Text Articles in Law

China's Evidentiary And Procedural Reforms, The Federal Rules Of Evidence, And The Harmonization Of Civil And Common Law, John J. Capowski Aug 2011

China's Evidentiary And Procedural Reforms, The Federal Rules Of Evidence, And The Harmonization Of Civil And Common Law, John J. Capowski

John J. Capowski

China’s People’s Supreme Court has stated its commitment to reform its judicial system, and the linchpin of the reform effort is the Uniform Provisions of Evidence, which are in the process of becoming China’s first procedural and evidentiary code. Incongruously, China, a civil law country, has modeled the Uniform Provisions upon the United States’ Federal Rules of Evidence and incorporated into the Uniform Provisions principles of United States’ criminal and civil procedure. The parallels between the Uniform Provisions and the Federal Rules of Evidence are striking and the adoption of F.R.E. language extraordinary.
After setting out the traits that distinguish …

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Selling Sex: Analyzing The Improper Use Defense To Contract Enforcement Through The Lens Of Carroll Versus Beardon, Julie M. Spanbauer Aug 2011

Selling Sex: Analyzing The Improper Use Defense To Contract Enforcement Through The Lens Of Carroll Versus Beardon, Julie M. Spanbauer

Julie M. Spanbauer

The 1963 decision of the Supreme Court of Montana in Carroll v. Beardon, occupies less than three full pages in the Pacific Reporter and involves a simple real estate transaction in which a “madam” sold a house used for prostitution to another “madam.” The opinion is the last in a long line of cases to speak specifically to the issue of enforcement of facially legitimate contracts that in some manner arguably involve or are related to prostitution and is commonly cited in treatises and hornbooks as representative of the movement by courts toward enforcement of such contracts under the law …

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Selling Sex: Analyzing The Improper Use Defense To Contract Enforcement Through The Lens Of Carroll V. Beardon, Julie M. Spanbauer Jun 2011

Selling Sex: Analyzing The Improper Use Defense To Contract Enforcement Through The Lens Of Carroll V. Beardon, Julie M. Spanbauer

Julie M. Spanbauer

The 1963 decision of the Supreme Court of Montana in Carroll v. Beardon, occupies less than three full pages in the Pacific Reporter and involves a simple real estate transaction in which a “madam” sold a house used for prostitution to another “madam.” The opinion is the last in a long line of cases to speak specifically to the issue of enforcement of facially legitimate contracts that in some manner arguably involve or are related to prostitution and is commonly cited in treatises and hornbooks as representative of the movement by courts toward enforcement of such contracts under the law …

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