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Full-Text Articles in Law

Waiver Of The Right To Appeal, Robert K. Calhoun Jan 1995

Waiver Of The Right To Appeal, Robert K. Calhoun

Publications

This Article explores the legal and constitutional issues raised by appeal waivers. Section I analyzes the current state of the case law. Section II explores the due process challenge to appeal waivers, and concludes that such a challenge would be difficult to sustain given the current state of due process law. It, nonetheless, goes on to suggest that a key premise of due process theory as it relates to plea bargaining- the presumed equality of bargaining power between the prosecution and the defense-may be ripe for challenge. Section ill discusses the public policy arguments for and against appeal waivers, and …


Recent Developments In Federal Appellate Practice And Procedure, Karen M. Grundy Jan 1995

Recent Developments In Federal Appellate Practice And Procedure, Karen M. Grundy

Articles, Chapters in Books and Other Contributions to Scholarly Works

This article summarizes significant developments in federal appellate practice and procedure in three areas: (1) amendments to the Federal Rules of Appellate Procedure, (2) case law from the United States Supreme Court and the circuit courts of appeals, and (3) articles worth reading.