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Articles 1 - 16 of 16
Full-Text Articles in Law
Toolkit Or Tinderbox? When Legal Systems Interface Conflict, Christie S. Warren
Toolkit Or Tinderbox? When Legal Systems Interface Conflict, Christie S. Warren
Faculty Publications
No abstract provided.
Legal Scholarship Highlight: Confronting Supreme Court Fact Finding, Allison Orr Larsen
Legal Scholarship Highlight: Confronting Supreme Court Fact Finding, Allison Orr Larsen
Allison Orr Larsen
No abstract provided.
Confronting Supreme Court Fact Finding, Allison Orr Larsen
Confronting Supreme Court Fact Finding, Allison Orr Larsen
Allison Orr Larsen
No abstract provided.
Between Brady Discretion And Brady Misconduct, Bennett L. Gershman
Between Brady Discretion And Brady Misconduct, Bennett L. Gershman
Dickinson Law Review (2017-Present)
The Supreme Court’s decision in Brady v. Maryland presented prosecutors with new professional challenges. In Brady, the Supreme Court held that the prosecution must provide the defense with any evidence in its possession that could be exculpatory. If the prosecution fails to timely turn over evidence that materially undermines the defendant’s guilt, a reviewing court must grant the defendant a new trial. While determining whether evidence materially undermines a defendant’s guilt may seem like a simple assessment, the real-life application of such a determination can be complicated. The prosecution’s disclosure determination can be complicated under the Brady paradigm because …
Jurisdictional Procedure, Justin Pidot
Jurisdictional Procedure, Justin Pidot
William & Mary Law Review
Scholars have lavished attention on the substance of jurisdictional doctrines such as standing, mootness, diversity, and federal question. They have left largely unexamined, however, the procedures courts use to address these doctrines; collectively, I refer to these procedures as “jurisdictional procedure.” A paramount feature of jurisdictional procedure is the unique and virtually unqualified obligation federal courts possess to identify and decide issues of subject matter jurisdiction even if the parties and lower courts overlook these issues. Courts have reached no consensus about how to identify the facts necessary to effectuate this obligation. The confluence of court-initiated legal inquiry and unpredictable …
Confronting Supreme Court Fact Finding, Allison Orr Larsen
Confronting Supreme Court Fact Finding, Allison Orr Larsen
Faculty Publications
No abstract provided.
Legal Scholarship Highlight: Confronting Supreme Court Fact Finding, Allison Orr Larsen
Legal Scholarship Highlight: Confronting Supreme Court Fact Finding, Allison Orr Larsen
Popular Media
No abstract provided.
Structure And Integrity, Susan Carle
Structure And Integrity, Susan Carle
Articles in Law Reviews & Other Academic Journals
In this Review Essay of David Luban's Legal Ethics and Human Dignity, I argue that although Professor Luban has not had much to say until now about "structural" concerns - namely, how lawyers' locations within institutions that organize access to power shape or should shape those lawyers' conduct - in his most recent work, another approach slips in as a supplement to his individualist framework. In this emerging supplement, structural concerns become increasingly important. Although individual integrity continues to matter most in Professor Luban's world view, it increasingly matters in the context of structural relations in which lawyers' ethical duties …
Complex Litigation Lecture: The Adversary System And Modern Class Action Practice, Roger H. Trangsrud
Complex Litigation Lecture: The Adversary System And Modern Class Action Practice, Roger H. Trangsrud
GW Law Faculty Publications & Other Works
In modern class action practice, the class action device can enormously expand the availability of justice but can also cause substantial injustice to defendants and absent class members when improperly used. The latter is often the case because Rule 23 of the Federal Rules of Civil Procedure has come to be interpreted by the federal courts in ways that mask the proper criteria that should be used in deciding whether to certify a class action. Thus, Rule 23 needs a complete overhaul. First, Rule 23 should be amended to allow appeals as of right, not discretion, from orders granting or …
The Trouble With The Adversary System In A Postmodern, Multicultural World, Carrie Menkel-Meadow
The Trouble With The Adversary System In A Postmodern, Multicultural World, Carrie Menkel-Meadow
William & Mary Law Review
No abstract provided.
Lawyering In A Hybrid Adversary System, John S. Dzienkowski
Lawyering In A Hybrid Adversary System, John S. Dzienkowski
William & Mary Law Review
No abstract provided.
The Trouble With Postmodern Zeal, Monroe H. Freedman
The Trouble With Postmodern Zeal, Monroe H. Freedman
William & Mary Law Review
No abstract provided.
Judicial Nullification, Michael J. Saks
Restraining The Overly Zealous Advocate: Time For Judicial Intervention, Paul Lowell Haines
Restraining The Overly Zealous Advocate: Time For Judicial Intervention, Paul Lowell Haines
Indiana Law Journal
No abstract provided.
Values, Ideology, And The Evolution Of The Adversary System, Ellen E. Sward
Values, Ideology, And The Evolution Of The Adversary System, Ellen E. Sward
Indiana Law Journal
No abstract provided.
Pretrial Discovery And The Adversary System, By William A. Glaser, Floyd Abrams
Pretrial Discovery And The Adversary System, By William A. Glaser, Floyd Abrams
Indiana Law Journal
No abstract provided.