Digital Commons Network^™

The Strawhorsemen Of The Apocalypse: Relativism And The Historian As Expert Witness, Reuel E. Schiller

UC Law Journal

No abstract provided.

A Summary Of Mirjan R. Damaska's Evidence Law Adrift, Gordon Van Kessel

UC Law Journal

No abstract provided.

The Social Worker's Privilege, Victim's Rights, And Contextualized Truth, Myrna S. Raeder

UC Law Journal

No abstract provided.

Law In The Backwaters: A Comment On Mirjan Damaska's Evidence Law Adrift, Samuel R. Gross

UC Law Journal

No abstract provided.

The Personhood Argument Against Polygraph Evidence, Or Even If The Polygraph Really Works, Will Courts Admit The Results, James R. Mccall

UC Law Journal

No abstract provided.

Polygraph Evidence: Post-Daubert, Paul C. Giannelli

UC Law Journal

No abstract provided.

The Federal Psychotherapist-Patient Privilege After Jaffee: Truth And Other Values In A Therapeutic Age, Christopher B. Mueller

UC Law Journal

No abstract provided.

Abuse Excuses And The Logic And Politics Of Expert Relevance, Andrew E. Taslitz

UC Law Journal

No abstract provided.

The Ground-Zero Theory Of Evidence, Kim Lane Scheppele

UC Law Journal

No abstract provided.

No Bad Men!: A Feminist Analysis Of Character Evidence In Rape Trials, Aviva Orenstein

UC Law Journal

No abstract provided.

Truth In Adjudication, Mirjan Damaska

UC Law Journal

No abstract provided.

Adrift But Still Clinging To The Wreckage: A Comment On Damaska's Evidence Law Adrift, John D. Jackson

UC Law Journal

No abstract provided.

Vision, Abstraction, And Socio-Economic Reality, Johannes F. Nijboer

UC Law Journal

No abstract provided.

Evidential Completeness And The Burden Of Proof, Dale A. Nance

UC Law Journal

No abstract provided.

Character At The Crossroads, Roger C. Park

UC Law Journal

No abstract provided.

The Perilous Task Of Rethinking The Character Evidence Ban, David P. Leonard

UC Law Journal

No abstract provided.

Character Evidence Reconsidered: "People Do Not Seem To Be Predictable Characters.", Miguel A. Mendez

UC Law Journal

No abstract provided.

The Ethos Of Expert Witnesses: Confusing The Admissibility, Sufficiency And Credibility Of Expert Testimony, Eileen Scallen, William E. Wiethoff

UC Law Journal

No abstract provided.

Merlin And Solomon: Lessons From The Law's Formative Encounters With Forensic Identification Science, Michael J. Saks

UC Law Journal

No abstract provided.

Searching For Methods Of Trial Court Fact-Finding And Decision-Making, John J. Brunetti

UC Law Journal

Judge Brunetti responds to the lack of writings discussing the trial judge's methods of decision-making in a situation where the judge must determine issues of both fact and law, as in any hearing or bench trial, by arguing for disclosure by judges of methods of decision making, and by suggesting specific techniques. In Part I, he posits that knowledge of the methods would be of enormous help to the litigator and litigant alike. The openness that comes with disclosure would foster consistency and fairness in the decision-making process, and add to the legitimacy of the judicial system in the public …

Judicial Removal Of Directors: Denial Of Directors' License To Steal Or Shareholders' Freedom To Vote?, Olga N. Sirodoeva-Paxson

UC Law Journal

This article examines a new corporate law remedy: the ability of courts to remove directors of business corporations for misconduct. In recent years, a majority of states has followed the Model Business Corporations Act in adopting the judicial removal remedy. The disparity in approach of different authorities and the confusion with respect to the remedy are remarkable, as highlighted by recent cases. No theory reconciling the conflicting approaches to the removal remedy has yet been developed by legislators, judges, or academics. To develop such a theory, the article examines the opposing fundamental principles of corporate law implicated by the remedy. …

"March Madness": An Examination Of Dual-Use Trademark Terms And Reverse Confusion, David Y. Gan

UC Law Journal

The Seventh Circuit's decision in Illinois High School Ass'n v. GTE Vantage, Inc. addressed a previously unrecognized category of trademark-the "dual-use" trademark term. "Dual-use" terms are marks that are associated by the public with two parties, where confusion would likely arise regarding which party the mark denotes. Writing for a three-judge panel, Chief Judge Posner held that dual-use terms should be treated similarly to generic terms and receive no protection under trademark law.

In this Note, the author examines the implications of the Seventh Circuit's decision in terms of the underlying goals of trademark law, the public's interest in effective …

Does The Search For Truth In Our Scholarship Continue In Our Classrooms, Margaret Berger

UC Law Journal

No abstract provided.

Truth, With A Small "T", David L. Faigman

UC Law Journal

No abstract provided.

Adjudication Of Things Past: Reflections On History As Evidence, Daniel A. Farber

UC Law Journal

No abstract provided.

The Psychotherapist Privilege And The Supreme Court's Misplaced Reliance On State Legislatures, Glen Weissenberger

UC Law Journal

No abstract provided.

The Rivalry Between Truth And Privilege: The Weakness Of The Supreme Court's Instrumental Reasoning In Jaffee V. Redmond, 518 U.S. 1 (1996), Edward Imwinkelried

UC Law Journal

No abstract provided.

Rescuing Reliance: The Perils Of Promissory Estoppel, Charles L. Knapp

UC Law Journal

This article examines the past, present, and future of promissory estoppel. After surveying the development of the doctrine over the last century, Professor Knapp describes and responds to some contemporary commentary on the subject. He argues that while most of the recent authors have been generally friendly to promissory estoppel, the thrust of recent criticism has been to reduce the role that the theory can or should play in contract law. The article then examines why courts sometimes apply promissory estoppel where reliance seems to be absent, and other times deny reliance-based recovery even though reliance is demonstrably present. Finally, …

Rape, Resurrection, And The Quest For Truth: The Law And Science Of Rape Trauma Syndrome In Constitutional Balance With The Rights Of The Accused, Kathryn M. Davis

UC Law Journal

Over the last several years, expert testimony concerning rape trauma syndrome has been widely employed by prosecutors to refute a defense of consent asserted by the accused in rape trials. Recognizing the probative value of syndrome evidence, some courts have concluded that when the state relies on rape trauma syndrome to resolve issues of consent, principles of fundamental fairness require that the accused be permitted to defend with the same evidence. However, when the accused is permitted to use rape trauma syndrome offensively, the social science intended to benefit victims of rape may be used to justify the resurrection of …

The Scope Of Appellate Jurisdiction: Pendent Appellate Jurisdiction Before And After Swint, Joan Steinman

UC Law Journal

The scope of appellate jurisdiction after final judgment has long been relatively clear. The scope of jurisdiction upon interlocutory appeals is far more controversial. In Swint v. Chambers County Commission, in the context of a collateral order appeal, the Supreme Court sought to curtail the scope of appellate courts' power to exercise "pendent appellate jurisdiction." In this article, Professor Steinman explores the scope of the jurisdiction that federal courts of appeals exercise when they entertain appeals involving injunctive relief, § 1292(b) and Rule 54(b) certifications, mandamus, and collateral orders. She explains how Swint erodes the legitimacy of the power and …