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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 Jul 2020

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 Sep 2019

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 Sep 2019

Confronting Supreme Court Fact Finding, Allison Orr Larsen

Allison Orr Larsen

No abstract provided.


Between Brady Discretion And Brady Misconduct, Bennett L. Gershman Apr 2019

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 Nov 2012

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 Oct 2012

Confronting Supreme Court Fact Finding, Allison Orr Larsen

Faculty Publications

No abstract provided.


Legal Scholarship Highlight: Confronting Supreme Court Fact Finding, Allison Orr Larsen Apr 2012

Legal Scholarship Highlight: Confronting Supreme Court Fact Finding, Allison Orr Larsen

Popular Media

No abstract provided.


Structure And Integrity, Susan Carle Jan 2008

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 Jan 2008

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 Oct 1996

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 Oct 1996

Lawyering In A Hybrid Adversary System, John S. Dzienkowski

William & Mary Law Review

No abstract provided.


The Trouble With Postmodern Zeal, Monroe H. Freedman Oct 1996

The Trouble With Postmodern Zeal, Monroe H. Freedman

William & Mary Law Review

No abstract provided.


Judicial Nullification, Michael J. Saks Oct 1993

Judicial Nullification, Michael J. Saks

Indiana Law Journal

No abstract provided.


Restraining The Overly Zealous Advocate: Time For Judicial Intervention, Paul Lowell Haines Apr 1990

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 Apr 1989

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 Apr 1970

Pretrial Discovery And The Adversary System, By William A. Glaser, Floyd Abrams

Indiana Law Journal

No abstract provided.