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.

Due process of law, Double jeopardy, Evidence, Criminal, Criminal evidence, Res judicata, states

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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.

Economic aspects, Estoppel

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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.

Legal issues & crime, Government regulation (cont), Government regulation, Management dynamics, Legal/Government Regulation, Practice, United States. Patent and Trademark Office, Equivalents doctrine (Patent law)

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