Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- 18 USC 7 (1)
- Adjudicative facts (1)
- Apprendi v. New Jersey (1)
- Corporations (1)
- Due Process Clause (1)
-
- Fair trial (1)
- Harmless error (1)
- Judge (1)
- Judicial notice (1)
- Jurisdictional element (1)
- Jursdiction (1)
- Jury (1)
- Legislative facts (1)
- Liability (1)
- Limited Liability Companies (1)
- Ring v. Arizona (1)
- Rule 201 (1)
- Separation of powers (1)
- Sixth Amendment (1)
- Special territorial jurisdiction (1)
- Structural error (1)
- Taxation (1)
- Uniform Partnership Act (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Trust Me, I’M A Judge: Why Binding Judicial Notice Of Jurisdictional Facts Violates The Right To Jury Trial, William M. Carter Jr.
Trust Me, I’M A Judge: Why Binding Judicial Notice Of Jurisdictional Facts Violates The Right To Jury Trial, William M. Carter Jr.
Articles
The conventional model of criminal trials holds that the prosecution is required to prove every element of the offense beyond the jury's reasonable doubt. The American criminal justice system is premised on the right of the accused to have all facts relevant to his guilt or innocence decided by a jury of his peers. The role of the judge is seen as limited to deciding issues of law and facilitating the jury's fact-finding. Despite these principles,judges are reluctant to submit to the jury elements of the offense that the judge perceives to be . routine, uncontroversial or uncontested.
One such …
A Jurisdictional Approach To Collapsing Corporate Distinctions, Peter B. Oh
A Jurisdictional Approach To Collapsing Corporate Distinctions, Peter B. Oh
Articles
This article challenges our persistent path dependence on defunct distinctions between corporations and certain limited unincorporated associations. Recent federal tax regulations have inspired proposals for consolidated treatment of all limited business organizations through uniformly based or universally applicable statutes. I contend these proposals are preoccupied with how hybrid organizations such as the limited liability company and the limited liability partnership amalgamate, and thus implicitly preserve, traditional dichotomies between corporations and partnership categorizations as well as entities and aggregate theories. The continued use of these schemes compromises the legal basis for such proposals.
By critically examining certain jurisdictional principles, this article …