The due process roots of criminal collateral estoppel
Article Abstract:
The Due Process Clause should be considered as a basis for increasing criminal collateral estoppel protections for criminal defendants charged successively with allegations that have substantial overlapping evidence. The Double Jeopardy Clause was found to encompass common law collateral estoppel protections by the Supreme Court in Ashe v. Swenson, but the Court should have considered due process as an additional source. Increased attention to criminal collateral estoppel's due process component is needed to ensure that prosecutors cannot use criminal trials as practice runs.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1996
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Exposing the extortion gap: an economic analysis of the rules of collateral estoppel
Article Abstract:
Economic analysis of three regimes of collateral estoppel or issue preclusion demonstrates that the current asymmetrical rules are less desirable than either complete mutuality or complete preclusion. Under the current system, issues decided adversely against a party may be precluded from litigation by other parties, but issues decided favorably are not precluded. Contrary to popular belief, this system favors earlier plaintiffs over later ones. A system of complete mutuality creates equal incentives for litigation, whereas complete preclusion is most cost-effective.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1992
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Estopping the madness at the PTO: improveing patnet administration through prosecution history estoppel
Article Abstract:
The US?Patent and Trademark Office should ensure that patents with a high potential social cost be subjected to greater scrutiny during the patent process.? Prosecution history estoppel can help the PTO determine which patents are likely to carry a high cost.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2003
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