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Articles 1 - 5 of 5
Full-Text Articles in Law
A Short History Of Hearsay Reform, With Particular Reference To Hoffman V. Palmer, Eddie Morgan And Jerry Frank, Michael S. Ariens
A Short History Of Hearsay Reform, With Particular Reference To Hoffman V. Palmer, Eddie Morgan And Jerry Frank, Michael S. Ariens
Faculty Articles
Much of the history of the American law of evidence, including its most contentious issue, hearsay, is the story of stasis and reform. The case of Hoffman v. Palmer represents one of few cases concerning hearsay known by name, and illustrates that “false” evidence has often been used to caution against efforts proclaiming “radical reform” of the law of evidence.
In this case involving a collision between a car and a train, the critical question was: Is the defendant railroad permitted to introduce into evidence the transcript of a question and answer session made two days after the accident between …
Erisa: Reformulating The Federal Common Law For Plan Interpretation, George Lee Flint Jr
Erisa: Reformulating The Federal Common Law For Plan Interpretation, George Lee Flint Jr
Faculty Articles
In order to develop the federal common law of the Employee Retirement Income Security Act of 1974 (ERISA), courts must consider the history, foundations, and policies of ERISA. However, federal courts have yet to conduct this process. This failure is explained by either the fundamental nature of the American adversary system leading to the undermining of congressional intent, or the failure of the incompetent federal judiciary to follow legislative intent. Conclusively, the lack of developing federal common law has resulted in ERISA law that is hostile to participants and the policies that Congress intended ERISA to foster.
Although seldom following …
Multiple Unities In The Law, Emily A. Hartigan
Multiple Unities In The Law, Emily A. Hartigan
Faculty Articles
In a world newly in touch with its diversity, ethics must struggle with the impact difference has on coherence. There is a crucial dilemma more profound than how to avoid violating the canons of ethics, or how to dodge disciplinary proceedings. For the lawyer in a world of plural ethics—the dilemma posed by the primary tension in ethics today between reason and spirit.
There are multiple unities of meaning in which a lawyer works, a sort of multijurisdictionalism. These multiple unities, these many worlds, are emblematic of a time in which people are recognizing that multiculturalism is not a trendy …
Legal Training Handbook For The Ukrainian Military, Jeffrey F. Addicott
Legal Training Handbook For The Ukrainian Military, Jeffrey F. Addicott
Faculty Articles
In May of 1995, a democracy building project between The Judge Advocate General of Ukraine and United States Army lawyers was completed in Kiev. Over the course of this eight-month project, from September 1994 to May 1995, United States Army judge advocates from the International and Operational Law Division, Office of The Judge Advocate General, worked directly with Colonel Alexander Bokov, Chief, Legal Service of the Ministry of Defense of Ukraine, in developing a legal training handbook for Ukrainian soldiers.
The handbook, entitled “Code of Conduct for Participants in Military Operations,” now serves as the primary training guide for instructing …
Immigration Law: The Immigration Consequences Of Criminal Activity, Genevieve Hebert Fajardo, Lorelei Ritchie
Immigration Law: The Immigration Consequences Of Criminal Activity, Genevieve Hebert Fajardo, Lorelei Ritchie
Faculty Articles
Immigration laws in the United States may affect prisoners, possibly resulting in deportation. Some convicted prisoners who are aliens may be subject to deportation dependent upon the government’s ability to prove by clear, unequivocal, and convincing evidence that they fall into a deportable category. Providing prisoners with sufficient knowledge and answers to potential deportation questions stemming from criminal convictions may delay and thwart these proceedings.
By beginning with a categorization of the different types of immigrants in this country, a convicted prisoner will be better able to determine for themselves whether they are subject to deportation. If they are, this …