Results 41 to 50 of about 76,267 (226)
, 2020 The Confrontation Clause of the Sixth Amendment grants “the accused” in “all criminal prosecutions” a right “to be confronted with the witnesses against him.” A particular problem occurs when there is a gap in time between the testimony that is offered ...
Coleman, Ronald J., Rothstein, Paul F
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INTERPRETATION OF ARTICLE 74 – ZAPATA HERMANOS V HEARTHSIDE BAKING – WHERE NEXT?
Nordic Journal of Commercial Law, 2004 The facts are simple. The Mexican seller supplied biscuit tins to the American firm for over four years. The American firm failed to pay for the tins and were subsequently sued in the Federal District Court of Illinois.1 Besides winning the action the ...
Bruno Zeller
doaj +2 more sources
Administrative Law as a Source of Rights
The Modern Law Review, Volume 88, Issue 2, Page 366-388, March 2025.This article challenges the pervasive assumption that judicial review of administrative action is not concerned with rights. Making a break from this orthodoxy, it proposes a theory of judicial review that suggests that its purpose is to protect distinctive administrative law rights held by those subject to public administrative power.
Megan Pfiffer
wiley +1 more source
Back to the Future: Permitting Habeas Petitions Based on Intervening Retroactive Case Law to Alter Convictions and Sentences [PDF]
, 2019 In 1948, Congress enacted 28 U.S.C. § 2255, which authorizes a motion for federal prisoners to “vacate, set aside or correct” their sentences, with the goal of improving judicial efficiency in collateral review.
Casale, Lauren
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Courts and democratic backsliding: A comparative perspective on the United States
Law &Policy, Volume 46, Issue 4, Page 349-357, October 2024.Abstract This article argues that courts in the United States are comparatively less likely to be captured than those of many other countries and more able to resist an authoritarian populist regime, but also somewhat more likely to facilitate democratic backsliding on their own account.
Stephen Gardbaum
wiley +1 more source
Melendez-Diaz v. Massachusetts: Laboratory Testing and the Confrontation Clause [PDF]
, 2009 A persons first experience of working life is not the individuals actual first job, but rather the perception conveyed by his or her family and other reference groups. Using Swedish register data on young adults (aged 18-34), and controlling for personal
Mansfield, David
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The effect of securities litigation risk on firm value and disclosure
Contemporary Accounting Research, Volume 41, Issue 3, Page 1785-1818, Fall 2024.Abstract Critics assert that securities class actions are economically burdensome and yield minimal recoveries, whereas proponents claim they deter wrongdoing. We examine key events in the recent Goldman Sachs Supreme Court case to test the net effect of securities litigation risk on shareholder value.
Dain C. Donelson +3 more
wiley +1 more source
Lawrence v. Florida: Applications for Post-Conviction Relief Are [PDF]
, 2007 On February 20, 2007 , the Supreme Court announced its decision in Lawrence v. Florida, seeking to address confusion surrounding the tolling of a one-year statute of limitations applicable to federal habeas corpus ...
Richardson-Royer, Elizabeth
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A REPERCUSSÃO GERAL E O WRIT OF CERTIORARI: BREVE DIFERENCIAÇÃO
Revista da Seção Judiciária do Rio de Janeiro, 2010 A repercussão geral, instituto introduzido no direito brasileiro pela Lei nº 11.418/2006 é normalmente apontado pela doutrina como sucedâneo do writ of certiorari norte-americano.
Vitor Tadeu Carramão Mello
doaj
Social Science Quarterly, Volume 105, Issue 4, Page 1164-1179, July 2024.Abstract Objective We study the relationship between lack of recusals by Supreme Court justices in cases where they have a direct or indirect personal financial interest and diffuse support for the Court. Justices should recuse when they have a personal stake in a case; otherwise, decisions are perceived as biased and violating the rule of law. Despite
Thora Giallouri, Elli Menounou
wiley +1 more source