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Articles 121 - 150 of 214
Full-Text Articles in Courts
Rule 601: General Rule Of Competency
Rule 706: Court Appointed Experts
Rule 803(3): Then Existing Mental, Emotional, Or Physical Condition
Rule 803(3): Then Existing Mental, Emotional, Or Physical Condition
Touro Law Review
No abstract provided.
Rule 803(4): Statements For Purposes Of Medical Diagnosis Or Treatment
Rule 803(4): Statements For Purposes Of Medical Diagnosis Or Treatment
Touro Law Review
No abstract provided.
Rule 803(7): Absence Of Entry In Records Kept In Accordance With The Provisions Of Paragraph (6)
Rule 803(7): Absence Of Entry In Records Kept In Accordance With The Provisions Of Paragraph (6)
Touro Law Review
No abstract provided.
Rule 803(18): Learned Treatises
Rule 804(B)(1): Former Testimony
Rule 901: Requirement Of Authentication Or Identification
Rule 901: Requirement Of Authentication Or Identification
Touro Law Review
No abstract provided.
To Act Or Not? That Is The Question: Self-Incrimination And The Sole Proprietor, Raymond G. Keenan
To Act Or Not? That Is The Question: Self-Incrimination And The Sole Proprietor, Raymond G. Keenan
Touro Law Review
No abstract provided.
The Double Jeopardy Dilemma: Does Criminal Prosecution And Civil Forfeiture In Separate Proceedings Violate The Double Jeopardy Clause?, Jimmy Gurulé
Journal Articles
A preview of two 1996 Supreme Court cases. In the first case, US v. Ursery, a convicted narcotics dealer filed a motion to dismiss his criminal sentence on the grounds that it had violated the double jeopardy clause because he had already received a civil forfeiture judgment for the same crime. The second case, US v. $405,089.23, involves a similar situation, with a convicted felon filing a motion to dismiss his civil forfeiture case on the grounds that he had received a criminal sentence for the same crime earlier. The article argues that the two cases are significant because the …
Shopping For A Venue: The Need For More Limits On Choice, Kimberly Jade Norwood
Shopping For A Venue: The Need For More Limits On Choice, Kimberly Jade Norwood
Scholarship@WashULaw
In an earlier article, Professor Norwood questioned the wisdom of the Supreme Court's decision in Ferens v. John Deere Co., which allows plaintiffs to double forum-shop, i.e., to file a lawsuit in one jurisdiction and then, while retaining the advantages of that jurisdiction's laws, to transfer the lawsuit to the geographically preferred jurisdiction. There, Professor Norwood assumed that having choices about where to file lawsuits was a necessary component of America's judicial system. Below, however, Professor Norwood explores that assumption and concludes that parties should not have the unrestricted choices seemingly provided by most venue laws.
Corrections Day, John Copeland Nagle
Corrections Day, John Copeland Nagle
Journal Articles
In July 1995, the House of Representatives established a Corrections Day procedure for fixing statutory mistakes. This article traces the history of the corrections day idea, beginning with suggestions offered by Justices Cardozo and Ginsburg many years apart. The article also recounts the early applications of Correction Day by the House. This article describes the problem of statutory mistakes: what they are, and who makes them. It explains that statutory mistakes do exist, regardless of how one defines mistake. Congress, agencies, and the courts all make mistakes, though the responsibility for them ultimately resides with Congress, the author of the …
Novak V. Commonwealth: Are Virginia Courts Providing Special Protection To Virginia's Juvenile Defendants?, Ellen R. Fulmer
Novak V. Commonwealth: Are Virginia Courts Providing Special Protection To Virginia's Juvenile Defendants?, Ellen R. Fulmer
University of Richmond Law Review
On March 9, 1991, Shawn Paul Novak was charged with the murder of two young boys, Daniel Grier, age nine, and Christopher Weaver, age seven. The boys had disappeared on March 4 and their bodies were found the next day after an extensive search. The police inquiry into the murders led to the questioning of a number of people, including Shawn, then age sixteen. Shawn was questioned on four separate occasions. At no time prior to, during, or after any of these questioning sessions was Shawn read his Mirandawarnings which specify the rights to which he was entitled under the …
How To Put Lawmakers, Not Courts, Back In Charge, David Schoenbrod, Ross Sandler
How To Put Lawmakers, Not Courts, Back In Charge, David Schoenbrod, Ross Sandler
Other Publications
No abstract provided.
In-Kind Class Action Settlements, Scott R. Peppet
Federal Evidentiary Hearings Under The New Habeas Corpus Statute, Larry Yackle
Federal Evidentiary Hearings Under The New Habeas Corpus Statute, Larry Yackle
Faculty Scholarship
Constitutional claims invariably turn on the underlying historical facts. In order to adjudicate claims presented in habeas corpus petitions, accordingly, the federal courts must somehow ascertain the facts. In some instances, the factual record can be augmented via discovery or expansion of the record under the federal habeas corpus rules.' Otherwise, disputed factual issues typically must be determined on the basis of previous litigation in state court or in independent federal evidentiary hearings.
The Civil Justice Reform Act Amendment Act Of 1995, Carl W. Tobias, Margaret L. Sanner
The Civil Justice Reform Act Amendment Act Of 1995, Carl W. Tobias, Margaret L. Sanner
Law Faculty Publications
Four members of the Senate Judiciary Committee introduced the Civil Justice Reform Act Amendment Act of 1995 on February 23, 1995 as Congress was considering numerous aspects of the Contract With America, most relevantly the legal reforms in its ninth tenet. Senator Orrin Hatch (R-Utah), Chair of the Senate Judiciary Committee, Senator Charles Grassley (RIowa), Chair of the Subcommittee on Courts and Administrative Practice, Senator Joseph Biden (D-Del.), the ranking minority member of the Senate Judiciary Committee, and Senator Howell Heflin (D-Ala.), former Chair of the Courts and Administrative Practice Subcommittee, sponsored the legislation. Passage of the proposal by the …