Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Ordering Proof: Beyond Adversarial And Inquisitorial Trial Structures, Emily Spottswood
Ordering Proof: Beyond Adversarial And Inquisitorial Trial Structures, Emily Spottswood
Scholarly Publications
In typical trials, judges and juries will find it easier to remember the proof that occurs early in the process over than what comes later. Moreover, once a fact-finder starts to form a working hypothesis to explain the facts of the case, they will be biased towards interpreting new facts in a way that confirms that theory. These two psychological mechanisms will often combine to create a strong “primacy effect,” in which the party who goes first gains a subtle, but significant, advantage over the opposing party. In this article, I propose a new method of ordering proof, designed to …
Identity Contests: Litigation And The Meaning Of Social-Movement Causes, Mary Ziegler
Identity Contests: Litigation And The Meaning Of Social-Movement Causes, Mary Ziegler
Scholarly Publications
What do we mean by a right to life? Should—or does—such a right cover only antiabortion claims? Or should the term apply more broadly—to debates about class and welfare, about the death penalty, or even about human rights? In the abortion wars, litigation strategy has helped to dictate the answers to these questions. Historians and legal scholars have studied the tensions between lawyers and the lay actors they represent, chronicling how lawyers modify and even limit the social changes activists demand. By putting the attorney-client relationship center stage, scholars have sometimes obscured an equally important story about how litigation strategy—as …
Standing Issues In Tax Litigation, Steve R. Johnson
Standing Issues In Tax Litigation, Steve R. Johnson
Scholarly Publications
No abstract provided.