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Full-Text Articles in Law
Opening Pandora’S Jury Box, B. Samantha Helgason
Opening Pandora’S Jury Box, B. Samantha Helgason
Fordham Law Review
More than sixty years ago, the U.S. Supreme Court decided Remmer v. United States, thereby defining what procedural steps restore a defendant’s Sixth Amendment right to a fair trial in the face of a contaminated or partial jury. Remmer, a case replete with evidence of jury tampering and covert investigations, fashioned the remedy for future courts to redress allegations of jury taint. Upon making out a prima facie case, a defendant is entitled to an evidentiary hearing, at which the evidence is presumed to prejudice the defendant, and the government bears the burden of rebutting. In Remmer’s wake, however, the …
Procedural Triage, Matthew J.B. Lawrence
Procedural Triage, Matthew J.B. Lawrence
Fordham Law Review
Prior scholarship has assumed that the inherent value of a "day in court" is the same for all claimants, so that when procedural resources (like a jury trial or a hearing) are scarce, they should be rationed the same way for all claimants. That is incorrect. This Article shows that the inherent value of a "day in court" can be far greater for some claimants, such as first-time filers, than for others, such as corporate entities and that it can be both desirable and feasible to take this variation into account in doling out scarce procedural protections. In other words, …
Ethical And Procedural Implications Of "Ghostwriting" For Pro Se Litigants: Toward Increased Access To Civil Justice, John C. Rothermich
Ethical And Procedural Implications Of "Ghostwriting" For Pro Se Litigants: Toward Increased Access To Civil Justice, John C. Rothermich
Fordham Law Review
No abstract provided.
An Argument For Preserving The Agency Defense As Applied To Prosecutions For Unlawful Sale, Delivery, And Possession Of Drugs, Scott W. Parker
An Argument For Preserving The Agency Defense As Applied To Prosecutions For Unlawful Sale, Delivery, And Possession Of Drugs, Scott W. Parker
Fordham Law Review
No abstract provided.
Waiver Of The Criminal Defendant's Right To Testify: Constitutional Implications, Reed Harvey
Waiver Of The Criminal Defendant's Right To Testify: Constitutional Implications, Reed Harvey
Fordham Law Review
No abstract provided.
Application Of Compulsory Joinder, Intervention, Impleader, And Attachment To The Letter Of Credit Litigation, David C. Howard
Application Of Compulsory Joinder, Intervention, Impleader, And Attachment To The Letter Of Credit Litigation, David C. Howard
Fordham Law Review
No abstract provided.
Denial Of A Pro Se Litigant's Motion To Appoint Counsel: The Preclusive Effect Of Refusing Immediate Review, Nicolas Swerdloff
Denial Of A Pro Se Litigant's Motion To Appoint Counsel: The Preclusive Effect Of Refusing Immediate Review, Nicolas Swerdloff
Fordham Law Review
No abstract provided.
The Foreign Sovereign Immunities Act Of 1976: Giving The Plaintiff His Day In Court, Kevin P. Simmons
The Foreign Sovereign Immunities Act Of 1976: Giving The Plaintiff His Day In Court, Kevin P. Simmons
Fordham Law Review
No abstract provided.
Pre-Trial Discovery Of Insurance Coverage And Limits, Joseph N. Fournier
Pre-Trial Discovery Of Insurance Coverage And Limits, Joseph N. Fournier
Fordham Law Review
No abstract provided.
Indemnity Among Joint Tort-Feasors In New York: Active And Passive Negligence And Impleader
Indemnity Among Joint Tort-Feasors In New York: Active And Passive Negligence And Impleader
Fordham Law Review
No abstract provided.
The Investigative Procedure For Criminal Tax Evasion, Joseph H. Murphy
The Investigative Procedure For Criminal Tax Evasion, Joseph H. Murphy
Fordham Law Review
No abstract provided.
The Outstanding Decisions Of The United States Supreme Court In 1954, Archie O. Dawson
The Outstanding Decisions Of The United States Supreme Court In 1954, Archie O. Dawson
Fordham Law Review
No abstract provided.
New York Civil Practice And Procedure At The Threshold Of 1953, John F. X. Finn
New York Civil Practice And Procedure At The Threshold Of 1953, John F. X. Finn
Fordham Law Review
No abstract provided.
Substance And Procedure, Albert Kocourek