Perception And Persuasion In Legal Argumentation: Using Informal Fallacies And Cognitive Biases To Win The War Of Words,
2013
Brigham Young University Law School
Perception And Persuasion In Legal Argumentation: Using Informal Fallacies And Cognitive Biases To Win The War Of Words, Cory S. Clements
BYU Law Review
No abstract provided.
Counsel's Control Over The Presentation Of Mitigating Evidence During Capital Sentencing,
2013
University of Michigan Law School
Counsel's Control Over The Presentation Of Mitigating Evidence During Capital Sentencing, James Michael Blakemore
Michigan Law Review
The Sixth Amendment gives a defendant the right to control his defense and the right to a lawyer's assistance. A lawyer's assistance, however, sometimes interferes with a defendant's control over his case. As a result, the Supreme Court, over time, has had to delineate the spheres of authority that pertain to counsel and defendant respectively. The Court has not yet decisively assigned control over mitigating evidence to either counsel or defendant. This Note argues that counsel should control the presentation of mitigating evidence during capital sentencing. First, and most importantly, decisions concerning the presentation of mitigating evidence are best characterized …
Argument And Courtroom Theatrics,
2013
Pepperdine University
Argument And Courtroom Theatrics, Larry Geller, Peter Hemenway
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Recent Cases And Developments In State Administrative Law,
2013
Pepperdine University
Recent Cases And Developments In State Administrative Law, Paul Wyler
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Law Judges Under Fire: Association Of Administrative Law Judges, Inc. V. Heckler,
2013
Pepperdine University
Administrative Law Judges Under Fire: Association Of Administrative Law Judges, Inc. V. Heckler, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Erosion Of Judicial Immunity,
2013
Pepperdine University
The Erosion Of Judicial Immunity, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Book Reviews,
2013
Pepperdine University
Book Reviews, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Agency Inaction,
2013
Pepperdine University
Agency Inaction, Abner J. Mikva
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Preclusive Effect Of Administrative Decisions In Wrongful Dismissal Suits,
2013
Pepperdine University
Preclusive Effect Of Administrative Decisions In Wrongful Dismissal Suits, Henry H. Perritt Jr.
Journal of the National Association of Administrative Law Judiciary
This article considers the interaction between administrative agency decisions and wrongful dismissal lawsuits under the res judicata doctrine.
Book Reviews,
2013
Pepperdine University
Book Reviews, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Impeachment In Administrative Cases,
2013
Pepperdine University
Impeachment In Administrative Cases, Calvin William Sharpe
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Sequestering Witnesses: Does The Practice Interfere With Defendants' Constitutional Rights?,
2013
Pepperdine University
Sequestering Witnesses: Does The Practice Interfere With Defendants' Constitutional Rights?, Harold Baer Jr.
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Federal Court Interpretation Of Attorney's Fees Provision Of Equal Access To Justice Act As It Applies To Hearings Of The United States Department Of Agriculture: United States Department Of Agriculture V. Lane,
2013
Pepperdine University
Federal Court Interpretation Of Attorney's Fees Provision Of Equal Access To Justice Act As It Applies To Hearings Of The United States Department Of Agriculture: United States Department Of Agriculture V. Lane, Tamara Carnovsky
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Agency Determination Concerning Delegation Of Sovereign's Pipeline Eminent Domain Power To Public Utility Interstate Pipeline Based Upon "Public Need" Comports With Dormant Commerce Clause: Substantial Evidence Review Applied To Public Need Determination: Lakehead Pipeline Company V. Illinois Commerce Commission, S. Ellyn Farley
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Deferential Review Of An Administrative Agency's Decision In Federal District Court: International College Of Surgeons V. City Of Chicago ,
2013
Pepperdine University
Deferential Review Of An Administrative Agency's Decision In Federal District Court: International College Of Surgeons V. City Of Chicago , Karen L. Vinzant
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Better Access To Justice, Better Access To Attorneys' Fees - The Procedural Implications Of Scarborough V. Principi,
2013
Pepperdine University
Better Access To Justice, Better Access To Attorneys' Fees - The Procedural Implications Of Scarborough V. Principi, Jamie H. Kim
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Advocating For A Civil Right To Counsel In New York State,
2013
Touro University Jacob D. Fuchsberg Law Center
Advocating For A Civil Right To Counsel In New York State, Kathryn G. Madigan
Touro Law Review
No abstract provided.
A Full And Fair Hearing: The Role Of The Alj In Assisting The Pro Se Litigant,
2013
Pepperdine University
A Full And Fair Hearing: The Role Of The Alj In Assisting The Pro Se Litigant, Paris R. Baldacci
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Self-Represented Litigants And The Access To Justice Revolution In The State Courts: Cross-Pollinating Perspectives Toward A Dialogue For Innovation In The Courts And The Administrative System,
2013
Pepperdine University
Self-Represented Litigants And The Access To Justice Revolution In The State Courts: Cross-Pollinating Perspectives Toward A Dialogue For Innovation In The Courts And The Administrative System, Richard Zorza
Journal of the National Association of Administrative Law Judiciary
In the last ten to fifteen years, state courts have responded to a tidal wave of self-represented litigants with a wide range of innovations that are fundamentally transforming the courts. These innovations impact the whole system and range from new ways of accepting cases into the system to innovative courtroom procedures and management practices, and from a more proactive process of managing the flow of cases to innovations that help make sure that the parties comply with the court's orders. Indeed, the Self-Represented Litigation Network, a national network of groups working for access to justice for the self-represented, has identified …
Standards Of Proof In Civil Litigation: An Experiment From Patent Law,
2013
Illinois Institute of Technology Chicago-Kent School of Law
Standards Of Proof In Civil Litigation: An Experiment From Patent Law, David L. Schwartz, Christopher B. Seaman
Scholarly Articles
Standards of proof are widely assumed to matter in litigation. They operate to allocate the risk of error between litigants, as well as to indicate the relative importance attached to the ultimate decision. But despite their perceived importance, there have been relatively few empirical studies testing jurors’ comprehension and application of standards of proof, particularly in civil litigation. Patent law recently presented an opportunity to assess the potential impact of varying the standard of proof in civil cases. In Microsoft Corp. v. i4i Limited Partnership, the Supreme Court held that a patent’s presumption of validity can only be overcome by …
