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Articles 1 - 11 of 11
Full-Text Articles in Law
Who Should Control The Decision To Call A Witness: Respecting A Criminal Defendant's Tactical Choices, Rodney J. Uphoff
Who Should Control The Decision To Call A Witness: Respecting A Criminal Defendant's Tactical Choices, Rodney J. Uphoff
Faculty Publications
A law student approached me not long ago to discuss a problem he had encountered while helping to prepare a criminal case for retrial. The defendant's first trial ended with a hung jury. The defendant, Steven Brown, now faced a second trial on the same misdemeanor charge of assaulting a police officer. Although the defendant still wanted to go to trial, Brown told defense counsel that he did not want his elderly father to have to testify again. From defense counsel's standpoint, the father's testimony was critical because he was the only witness corroborating the defendant's version of the event. …
2000 Philip C. Jessup, Alfian Yasrif Kuchit, Sarah Sani, Foo Meng Yeen, Mohd Arif Absul Hamid, Edora Ahmad
2000 Philip C. Jessup, Alfian Yasrif Kuchit, Sarah Sani, Foo Meng Yeen, Mohd Arif Absul Hamid, Edora Ahmad
ILSA Journal of International & Comparative Law
The Governments of the State of Kuraca and the Republic of Senhava have recognized as compulsory ipsofacto in relation to any other State accepting the same obligation, the jurisdiction of the International Court of Justice in accordance with Article 36, paragraph 2.
2000 Philip C. Jessup, J. Michael Allen Iii, Elizabeth Bosquet, Kristi L. Deason, David R. Pruet
2000 Philip C. Jessup, J. Michael Allen Iii, Elizabeth Bosquet, Kristi L. Deason, David R. Pruet
ILSA Journal of International & Comparative Law
The State of Kuraca and the Republic of Senhava have submitted their differences concerning the vaccine trials to the International Court of Justice for resolution through a Special Agreement, in accordance with Article 40(1) of the Statute of the International Court of Justice.
Modifying The Kentucky Rules Of Evidence—A Separation Of Powers Issue, Robert G. Lawson
Modifying The Kentucky Rules Of Evidence—A Separation Of Powers Issue, Robert G. Lawson
Law Faculty Scholarly Articles
How do you modify laws that simultaneously exist as statutes and rules of court? For reasons that are described elsewhere and need not be repeated here, the Kentucky Rules of Evidence (K.R.E.) came into existence through concurrent enactment by the General Assembly and Kentucky Supreme Court and thus are endowed with all the attributes of both statutes and rules of court. So, how do you change them when the inevitable need to do so arises, a question made both interesting and difficult by the fact that there is no institutional mechanism for concurrent lawmaking by the General Assembly and supreme …
There Is No Joy In D.C., The Mighty Court Struck Out: An Analysis Of Clinton V. City Of New York, The Line Item Veto Act And The Court’S Failure To Uphold Constitutionally Legitimate Means To A Viable End, Eric Stephen Schmitt
Saint Louis University Law Journal
No abstract provided.
Ulysses And The Fate Of Frozen Embryos - Reproduction, Research, Or Destruction?, George J. Annas
Ulysses And The Fate Of Frozen Embryos - Reproduction, Research, Or Destruction?, George J. Annas
Faculty Scholarship
On his 10-year voyage back to Ithaca from the Trojan War, Ulysses was warned by Circe to take precautions if he wanted to hear the Sirens' transfixing song, or there would be “no sailing home for him, no wife rising to meet him, /no happy children beaming up at their father's face.” Ulysses accordingly ordered his men to stop their ears with beeswax and bind him firmly to the mast and instructed them that if he gestured to be set free, they should stick to the original agreement and bind him tighter still. Making an agreement that has as a …
Insurance Contracts And Judicial Decisions Over Whether Insurers Must Defend Insureds That Violate Constitutional And Civil Rights: An Historical And Empirical Review Of Federal And State Court Declaratory Judgments 1900-2000, Willy E. Rice
Faculty Articles
Empirical findings suggest that extralegal factors, such as geographic location, ethnicity, gender, disability, perceived sexual orientation, and age of third-party victims, influence judicial decisions as to whether liability carriers must defend or reimburse the costs of defending various lawsuits. After the introduction, Part II of this article presents a brief discussion of state and federal declaratory judgment statutes and of the public policy behind liability and indemnification insurance contracts. Part III examines the origin and scope of insurers’ duty to defend, duty to pay legal expenses, and duty to reimburse litigation costs when third-party victims sue policyholders. Part IV argues …
Due Process And Fundamental Rights, Martin A. Schwartz
Due Process And Fundamental Rights, Martin A. Schwartz
Scholarly Works
No abstract provided.
Evidence Issues In Domestic Violence Civil Cases, Jane C. Murphy, Jane H. Aiken
Evidence Issues In Domestic Violence Civil Cases, Jane C. Murphy, Jane H. Aiken
All Faculty Scholarship
New laws and policies aimed at protecting victims of domestic violence have been adopted across the country over the last twenty years.The legal approaches taken to protect battered women and control family violence have resulted in significant changes in family law. New laws include statutes permitting civil protection or restraining orders, and laws requiring that domestic violence be considered in custody and/or visitation decisions. Both of these types of statutory reforms can provide protection to adult victims of domestic violence and their children. Evaluating a parent's fitness by considering past acts of violence to other family members results in decisions …
Section 1983 Litigation - Supreme Court Developments, Martin A. Schwartz
Section 1983 Litigation - Supreme Court Developments, Martin A. Schwartz
Touro Law Review
No abstract provided.
Supreme Court Federalism Decisions, Leon Friedman
Supreme Court Federalism Decisions, Leon Friedman
Touro Law Review
No abstract provided.