Law Commons^™

Curbing Litigation Abuses: Judicial Control Of Adversary Ethics—The Model Rules Of Professional Conduct And Proposed Amendments To The Rules Of Civil Procedure, Richard H. Underwood

Law Faculty Scholarly Articles

This Article addresses the effectiveness of recent developments and proposals related to abusive litigation, and discusses them in the context of recent opinions illustrating the power of the trial judge to control the excesses of the adversary system. It rejects the countersuit as a time-consuming and costly means of controlling litigation abuses, and concludes that “tinkering changes” in the rules of procedure cannot bring about true reform. It is urged here that the burden resulting from abuse of litigation can only be relieved by changes which foster stronger judicial control of adversarial ethics, and greater judicial involvement in the pretrial …

Speedy Trial Rights For Florida's Juveniles: A Surveyof Recent Interpretations By Florida Courts, Barbara D. Stull

Nova Law Review

"Delay of justice is injustice." This maxim is embodied in the Bill

of Rights and in Florida's Constitution: it is implemented by the federal

government's Speedy Trial Act of 1974" and by Florida's Rules of

Criminal and Juvenile Procedure.

The Dilemma Of The Intimidated Witness In Federal Organized Crime Prosecutions: Choosing Among The Fear Of Reprisals, The Contempt Powers Of The Court, And The Witness Protection Program, Stuart Mass

Fordham Law Review

No abstract provided.

Copying And Broadcasting Video And Audio Tape Evidence: A Threat To The Fair Trial Right, William J. Whelan, Iii

Fordham Law Review

No abstract provided.

Kentucky Law Survey: Criminal Rules, William H. Fortune

Law Faculty Scholarly Articles

In May 1978 the Kentucky Supreme Court set up a Criminal Rules Revision Committee (Advisory Committee) to study Kentucky's Rules of Criminal Procedure. The purpose of the Advisory Committee was to make recommendations to the Judicial Council. The committee met sixteen times between July 1978 and July 1980, and at the conclusion of its study, submitted a comprehensive revision of the rules of criminal procedure to the judicial council. These proposed revisions went beyond mere amendment of the existing rules. The Advisory Committee drew heavily from the Federal Rules of Criminal Procedure, and ultimately proposed extensive changes in plea bargaining, …