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6 Apr 2015, 7:31 am
 This is part one…* UPC Mock Trial - a Kat reports from Paris - Part deux… and this is part two -- pardon, deux.* Posh wash or Porsche? [read post]
27 Mar 2015, 9:55 am by John Elwood
  Proving our Court predictions to be slightly better than our March Madness predictions (we really thought this was Hampton’s year), Bower got a parting gift from Justices Breyer, Ginsburg, and Sotomayor, who filed a dissent from the denial of cert. that will be studied every bit as carefully as the Belmont team roster. [read post]
13 Feb 2015, 1:21 pm
  I argued this in Crawford, Davis, and Way Beyond, 15 J. [read post]
13 Feb 2015, 1:21 pm
  I argued this in Crawford, Davis, and Way Beyond, 15 J. [read post]
21 Nov 2014, 2:51 pm by Kent Scheidegger
  The purpose of the Confrontation Clause is to prevent abuses of the kind that happened in the trial of Sir Walter Raleigh (the founder of Anglo-America) and other old English cases where testimony is introduced in the form of affidavits or examinations of a witness conducted ex parte, i.e., when the defendant is not present and can't cross-examine. [read post]
24 Aug 2014, 11:41 am by Andrew Delaney
Because the cost of the damages were not agreed upon as part of the plea, the trial court held a contested restitution hearing.At the hearing the ex-girlfriend testified that Mr. [read post]
15 May 2014, 6:27 am
Contents include:James Crawford, The Progressive Development of International Law: History, Theory and Practice Vera Gowlland-Debbas, Reflections on a Decade of International Law: Dark Ages or “Renouveau”? [read post]
17 Feb 2014, 4:36 am by Rebecca Tushnet
In other domains, the very fact that Congress has made such a judgment would carry some weight. 1A scholarship would profit from more systematic engagement with general constitutional theory.Panel 1: Susan Crawford, First Amendment Common Sense The handful of companies that sell high speed internet access claim that because they own some of the physical facilities over which EM pulses carry data, and because much of that data is speech protected by the 1A, that they themselves enjoy a 1A… [read post]
7 Feb 2014, 11:30 am by Michael Lowe
You may have been handed a document called an “Emergency Protective Order” or “Ex Parte Protective Order. [read post]
29 Jan 2014, 1:53 pm by Stephen Bilkis
Crawford's brief suggested that the standard should not only encompass ex parte in-court testimony or its functional equivalent but also cover similar pretrial statements that declarants would reasonably expect to be used in prosecution. [read post]
6 Jan 2014, 1:28 pm by Stephen Bilkis
The United States Supreme Court in Crawford explicitly declined to spell out a comprehensive definition of testimonial, but it stated that some statements qualify under any definition[, including] ex parte testimony at a preliminary hearing and statements taken by police officers in the course of interrogations. [read post]
19 Jul 2013, 5:14 am by Susan Brenner
  It also pointed out, however, that a “critical part of the Crawford” Court’s holdingis the phrase `testimonial statements. [read post]
10 Sep 2012, 2:17 am by Michael DelSignore
In its brief, the defense argued that statements made to a child protection worker are elicited during an ex parte interview and are in particular need of the adversarial testing granted by the Confrontation Clause. [read post]
31 Aug 2012, 6:23 am by Howard Wasserman
Writing for the Court and adopting an explicitly historical approach to the Sixth Amendment (with prolonged discussion of Marianist ex parte affidavits and the treason trial of Sir Walter Raleigh), Scalia pushed the Court down an analytical path that had the potential to greatly constrain the ability of government to admit a range of hearsay statements against criminal defendants. [read post]
13 Aug 2012, 6:41 am by Charles Johnson
They are also considered separate offenses for purposes of sentencing and of challenges under the Constitution’s ex post facto and double jeopardy clauses. [read post]