Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (17)
- Constitutional Law (7)
- Criminal Procedure (7)
- Evidence (7)
- Arts and Humanities (2)
-
- Civil Rights and Discrimination (2)
- Courts (2)
- Labor and Employment Law (2)
- Religion (2)
- Continental Philosophy (1)
- Dispute Resolution and Arbitration (1)
- Entertainment, Arts, and Sports Law (1)
- Intellectual Property Law (1)
- Juvenile Law (1)
- Law and Society (1)
- Mormon Studies (1)
- Philosophy (1)
- Psychology (1)
- Religious Education (1)
- Social and Behavioral Sciences (1)
- Supreme Court of the United States (1)
- Institution
- Publication
- Publication Type
Articles 1 - 20 of 20
Full-Text Articles in Entire DC Network
Protecting The Most Vulnerable Victims: Prosecution Of Child Sex Offenses In Illinois Post Crawford V. Washington, Jennifer A. Lindt
Protecting The Most Vulnerable Victims: Prosecution Of Child Sex Offenses In Illinois Post Crawford V. Washington, Jennifer A. Lindt
Northern Illinois University Law Review
This Comment examines the prosecution of pedophiles in Illinois after the United States Supreme Court's decision in Crawford v. Washington. The prosecution of pedophiles had frequently involved the use of extra judicial statements by victims to protect them from re-victimization after testifying at trial. The ability to use a statutorily mandated hearsay exception has been in question and is directly linked to the definition of the term "testimonial. " The author provides a test to determine whether the out of court statements by pedophilia victims are "testimonial" to make this tool for protecting the victims still viable.
Re Halifax (Regional Municipality) And Halifax Professional Firefighters Assn Local 268 (Mackenzie), Innis Christie
Re Halifax (Regional Municipality) And Halifax Professional Firefighters Assn Local 268 (Mackenzie), Innis Christie
Innis Christie Collection
The Union and Grievor believe the Employer discriminated against the latter by not returning him to an agreed position after an absence due to illness. They also believe the Employer failed to accommodate the Grievor's return to the work. The remedy requested was a return to his former position, or to the agreed position after his illness, and damages. The Employer was concerned about both legal and moral issues in the event that the Grievor was not able to fully perform his duties.
Recantation: Illusion Or Reality?, Linda F. Harrison
Recantation: Illusion Or Reality?, Linda F. Harrison
Faculty Scholarship
No abstract provided.
Volunteer Discrimination, Angela Onwuachi-Willig
Volunteer Discrimination, Angela Onwuachi-Willig
ExpressO
This Essay analyzes a debate regarding the potential racial motivations behind the new National Basketball Association (NBA) Dress Code. Specifically, this Essay examines whether the defense of the new NBA dress code by some Blacks—as pure business, free from racial discrimination—should be viewed as action negating other Blacks’ claims of improper racial motivation behind the policy. I contend that, rather than negating allegations of racism, the reactions of the policy-defending black NBA athletes and leaders only highlight the immense pressures that Blacks have in our society to perform their identity in a way that is racially palatable. In particular, I …
"This Is My Testimony, Spoken By Myself Into A Talking Machine": Wilford Woodruff's 1897 Statement In Stereo, Richard Neitzel Holzapfel, Steven C. Harper
"This Is My Testimony, Spoken By Myself Into A Talking Machine": Wilford Woodruff's 1897 Statement In Stereo, Richard Neitzel Holzapfel, Steven C. Harper
BYU Studies Quarterly
In March 1844, just weeks before his martyrdom, Joseph Smith “called the Twelve Apostles together and he delivered unto them the ordinances of the Church and kingdom of God.” Wilford Woodruff noted the events of the day in a terse journal entry. March “26th A rainey day. I met in council with the brethren.” Perhaps the sacredness and magnitude of the meeting called for the brief, cryptic note. Or perhaps it would take hindsight for Wilford to recognize the momentousness of the day’s events. In either case, fifty-three years later at age ninety, President Woodruff recorded his spoken testimony of …
Crime Victims As Subjects Of Documentaries: Exploitation Or Advocacy?, Roslyn Myers
Crime Victims As Subjects Of Documentaries: Exploitation Or Advocacy?, Roslyn Myers
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Argument From Expert Opinion As Legal Evidence: Critical Questions And Admissibility Criteria Of Expert Testimony In The American Legal System, David M. Godden, Douglas Walton
Argument From Expert Opinion As Legal Evidence: Critical Questions And Admissibility Criteria Of Expert Testimony In The American Legal System, David M. Godden, Douglas Walton
CRRAR Publications
While courts depend on expert opinions in reaching sound judgments, the role of the expert witness in legal proceedings is associated with a litany of problems. Perhaps most prevalent is the question of under what circumstances should testimony be admitted as expert opinion. We review the changing policies adopted by American courts in an attempt to ensure the reliability and usefulness of the scientific and technical information admitted as evidence. We argue that these admissibility criteria are best seen in a dialectical context as a set of critical questions of the kind commonly used in models of argumentation.
Davis And Hammon: A Step Forward, Or A Step Back?, Tom Lininger
Davis And Hammon: A Step Forward, Or A Step Back?, Tom Lininger
Michigan Law Review First Impressions
Prosecutors, defense attorneys, and lower court judges hoped that the Supreme Court’s ruling in the consolidated cases of Davis v. Washington and Hammon v. Indiana (hereafter simply Davis) would provide a primer on testimonial hearsay. In retrospect, these hopes were somewhat unrealistic. The Davis ruling could not possibly clear up all the confusion that followed Crawford v. Washington, the landmark 2004 case in which the Court strengthened the right of the accused to confront declarants of testimonial hearsay. In Davis, the Court focused on the facts under review and developed a taxonomy that will be useful in similar cases, but …
Circling Around The Confrontation Clause: Redefined Reach But Not A Robust Right, Lisa Kern Griffin
Circling Around The Confrontation Clause: Redefined Reach But Not A Robust Right, Lisa Kern Griffin
Michigan Law Review First Impressions
The Supreme Court’s consolidated ruling in United States v. Davis and United States v. Hammon is a classic of the genre of consensus opinions to which the Roberts Court aspired in its first, transitional term. The opinion, authored by Justice Scalia, contains practical accommodations unusual in a decision by the Court’s fiercest proponent of first principles. The restraint that characterized the term is, of course, more about considerations of logistics (including the desire to avoid re-arguments after the mid-term replacement of Justice O’Connor) than about the alignment of logic. Because it reflects temporary institutional constraints rather than intellectual agreement, the …
Davis/Hammon, Domestic Violence, And The Supreme Court: The Case For Cautious Optimism, Joan S. Meier
Davis/Hammon, Domestic Violence, And The Supreme Court: The Case For Cautious Optimism, Joan S. Meier
Michigan Law Review First Impressions
The Supreme Court’s consolidated decision in Davis v. Washington and Hammon v. Indiana offers something for everyone: by “splitting the difference” between the two cases—affirming one and reversing the other—the opinion provides much grist for advocates’ mills on both sides of this issue. While advocates for defendants’ rights are celebrating the opinion’s continued revitalization of the right to confrontation, which began in Crawford v. Washington, advocates for victims have cause for celebration as well: the decision is notable for its reflection of the Court’s growing—albeit incomplete— awareness and understanding of the dynamics of domestic violence and their implications for justice. …
Still "Left In The Dark": The Confrontation Clause And Child Abuse Cases After Davis V. Washington, Anthony J. Franze, Jacob E. Smiles
Still "Left In The Dark": The Confrontation Clause And Child Abuse Cases After Davis V. Washington, Anthony J. Franze, Jacob E. Smiles
Michigan Law Review First Impressions
In his concurring opinion in Crawford v. Washington, Chief Justice Rehnquist criticized the majority for holding that the Confrontation Clause applies to “testimonial” statements but leaving for “another day” any effort to define sufficiently what “testimonial” means. Prosecutors and defendants, he said, “should not be left in the dark in this manner.” Over the next two years, both sides grappled with the meaning of testimonial, each gleaning import from sections of Crawford that seemingly proved their test was the right one. When the Court granted certiorari in Davis v. Washington and Hammon v. Indiana (hereinafter Davis), hopes were high that …
Davis V. Washington And Hammon V. Indiana: Beating Expectations, Robert P. Mosteller
Davis V. Washington And Hammon V. Indiana: Beating Expectations, Robert P. Mosteller
Michigan Law Review First Impressions
I begin with a question of effectiveness: does the new Confrontation Clause doctrine effectively protect defendants with respect to the most im-portant types of problematic out-of-court statements? Although they leave much room for the introduction of hearsay in the immediate aftermath of crime generally, Davis v. Washington and Hammon v. Indiana (together hereinafter Davis) are better opinions from that broad perspective than I had feared. The new doctrine now covers and provides substantial procedural protection for a very important class of problematic hearsay—statements made to government agents investigating past crime.
Refining Crawford: The Confrontation Claus After Davis V. Washington And Hammon V. Indiana, Andrew C. Fine
Refining Crawford: The Confrontation Claus After Davis V. Washington And Hammon V. Indiana, Andrew C. Fine
Michigan Law Review First Impressions
Clarification of the Supreme Court’s newly minted interpretation of the Confrontation Clause was desperately needed, and Davis v. Washington and Hammon v. Indiana promised to provide it. Two terms earlier, in Crawford v. Washington, the Supreme Court had worked a revolutionary transformation of Confrontation Clause analysis by overruling Ohio v. Roberts and severing the link between hearsay jurisprudence and the Clause. Crawford was hailed by the criminal defense bar, since it seemed to presage a sharp reduction in the frequency of so-called “victimless” trials by holding that “testimonial” hearsay, no matter how reliable, was constitutionally inadmissible in the absence of …
Witnessing The Archive: In Mourning, William Robert
Witnessing The Archive: In Mourning, William Robert
Religion - All Scholarship
No abstract provided.
Renewing The Temporary Provisions Of The Voting Rights Act: Legislative Options After Lulac V. Perry, Sherrilyn A. Ifill
Renewing The Temporary Provisions Of The Voting Rights Act: Legislative Options After Lulac V. Perry, Sherrilyn A. Ifill
Congressional Testimony
No abstract provided.
Interim Report On The Administrative Law, Process And Procedure Project For The 21st Century, Rena I. Steinzor
Interim Report On The Administrative Law, Process And Procedure Project For The 21st Century, Rena I. Steinzor
Congressional Testimony
No abstract provided.
Lessons From Enron: An Oversight Hearing On Gas Prices And Energy Trading, Michael Greenberger
Lessons From Enron: An Oversight Hearing On Gas Prices And Energy Trading, Michael Greenberger
Congressional Testimony
No abstract provided.
The Moderating Effect Of Judge’S Instructions On Victim Impact Testimony In Capital Cases, Judith Platania, Garrett Berman
The Moderating Effect Of Judge’S Instructions On Victim Impact Testimony In Capital Cases, Judith Platania, Garrett Berman
Arts & Sciences Faculty Publications
In this study, we addressed whether victim impact instructions served as a legal safeguard in a capital case involving victim impact testimony. We hypothesized that specific victim impact instructions would moderate the relation between victim impact testimony and death penalty recommendations. One hundred sixty-six participants viewed a simulated videotaped trial in which a victim impact statement was delivered in different emotional conditions. Judge’s instructions were varied as either general instructions or with the addition of specific victim impact instructions. Participant-jurors who heard specific victim impact instructions were less likely to recommend death compared to participants who heard general jury instructions. …
We Really (For The Most Part) Mean It!, Richard D. Friedman
We Really (For The Most Part) Mean It!, Richard D. Friedman
Articles
I closed my petition for certiorari in Hammon v. Indiana by declaring, “ ‘We really mean it!’ is the message that lower courts need to hear, and that decision of this case can send.” The prior year, Crawford v. Washington had transformed the law of the Confrontation Clause, holding that an out-ofcourt statement that is testimonial in nature may be admitted against an accused only if the maker of the statement is unavailable and the accused has had an opportunity to cross-examine her. But Crawford deliberately left undetermined what the term “testimonial” meant. Many lower courts gave it a grudging …
Biotechnology's Prescription For Patent Reform, Christopher M. Holman
Biotechnology's Prescription For Patent Reform, Christopher M. Holman
Faculty Works
On June 8, 2005, Congressman Lamar Smith introduced H.R. 2795, the Patent Reform Act of 2005, aimed at improving the quality and certainty of issued patents, simplifying the patent procurement process, harmonizing U.S. law with international practice, and reining in abusive patent enforcement practices. Congress has set the legislation aside for the time being, but will likely revisit the issue again shortly. The biotechnology industry, one of the fastest growing sectors in the United States economy, strongly opposes many of the proposed reforms. This paper considers the Congressional testimonies of the Biotechnology Industry Organization ("BIO") and other representatives of biotechnology's …