Apprendi in the states: the virtues of federalism as a structural limit on errors.
In Apprendi v. New Jersey, the U.S. Supreme Court held that any fact (except recidivism) that increases a defendant's statutory maximum sentence must be proved to a jury beyond a reasonable doubt. (1) This federal constitutional ruling disrupted not only the federal courts, but also the far larger number...

Commercial Alternative Dispute Resolution in Cascadia *.
Abstracts: "Commercial Alternative Dispute Resolution in Cascadia". The paper focuses on the interface between two recent trends in the context of NAFTA: regionalism in the Pacific Northwest and ADR. The purpose of the research is to study the use of ADR as practised in the narrow "Cascadia Corridor". To...

Caught between hope and despair: an analysis of the Japanese criminal justice system.
INTRODUCTION While handcuffed, shackled, forced to excrete in their own clothes, personally bathed by the warden, sleep deprived, food deprived, bribed with cigarettes or food, and, in some cases, "accidentally" killed, a suspect in Japan is interrogated and the world is beginning to acknowledge that such procedures...

Beyond State Farm: due process constraints on noneconomic compensatory damages.
INTRODUCTION I. THE HISTORY OF JUDICIAL REVIEW OF NONECONOMIC COMPENSATORY DAMAGES AWARDS A. The Origins of Judicial Review of Damages Awards for Excessiveness in the English Courts B. English Decisions Recognize the Conceptual Differences Between Reviewing Economic and Noneconomic Damages C. American Courts Adopt "Passion or Prejudice" or "Shock...

Who will get the $25-M reward?
THERE is a misperception that the Ombudsman special prosecutors handling the indictments against Erap and his cronies for plunder and other criminal cases are incompetent. This was created after Sandigan Presiding Justice Garchitorena made them appear so by his critical comments in open court on certain procedures that those...

The body, sexuality, and self-defense in State vs. Joan Little, 1974-1975.
I ran because it was self-defense. ... [I]f the authorities there [in Beaufort County] had gotten to me before any other body, ... I never would have been here to tell what really happened. Joan Little (September 1974) (1) Sometimes one has to become differently...

Trial objections: the way of advocacy.
I. INTRODUCTION In 1643, arguably the world's greatest strategist and samurai warrior, Miyamoto Musashi, died shortly after completing the influential work on swordsmanship; The Book Of Five Rings. (2) Today, Musashi's work is known more for its enlightened path to understanding, and ultimately a path to wisdom,...

On further review ... a growing number of third-party medical bill review companies are being named in patients' and providers' lawsuits.
[ILLUSTRATION OMITTED] Insurers have long used third-party bill-review services to uncover medical billing that exceeds usual and customary rates or violates other billing guidelines. Recently, medical providers and insureds have filed lawsuits, alleging that these review services are unfairly biased in order to reduce carriers'...

Lingering problem.
Byline: Edward Russo The Register-Guard Editor's note: This story contains language that may be offensive to some readers. Betty Snowden is in the fight of her life, defending her business and property from some of the people who hang out in downtown Eugene. ...

Downtown exclusion passes.
Byline: Edward Russo The Register-Guard People who are accused of committing certain crimes in the heart of downtown Eugene - but have not been convicted - could be temporarily excluded from the area, the City Council decided in a split vote Monday night. Councilors voted...