Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 9 of 9

Full-Text Articles in Entire DC Network

The Economic Analysis Of Evidence Law: Common Sense On Stilts, Richard O. Lempert Dec 2001

The Economic Analysis Of Evidence Law: Common Sense On Stilts, Richard O. Lempert

Articles

There was a time when the empire of Law was not overrun by economists. The economists had their own fiefdoms to be sure-there was the Duchy of Antitrust and the Kingdom of Regulatory Law-but the economists lived in peace within these borders, welcoming many unlike themselves into their midst, only gently proselytizing their students in the first few classes of a term, and swearing fealty to the law. It is true that a few marauders from beyond the borders saw the wealth of the empire and sought to colonize it, but even the most daring, Archbishop Coase and Duke Gary …


On A Collision Course: Pure Propensity Evidence And Due Process In Alaska, Drew D. Dropkin, James H. Mccomas Dec 2001

On A Collision Course: Pure Propensity Evidence And Due Process In Alaska, Drew D. Dropkin, James H. Mccomas

Alaska Law Review

No abstract provided.


Strange Bedfellows: Politics, Courts, And Statistics: Statistical Expert Testimony In Voting Rights Cases, Wendy K. Tam Cho, Albert H. Yoon Apr 2001

Strange Bedfellows: Politics, Courts, And Statistics: Statistical Expert Testimony In Voting Rights Cases, Wendy K. Tam Cho, Albert H. Yoon

Cornell Journal of Law and Public Policy

No abstract provided.


Compelled Dna Testing In Rape Cases: Illustrating The Necessity Of An Exception To The Self-Incrimination Clause, Stephanie A. Parks Feb 2001

Compelled Dna Testing In Rape Cases: Illustrating The Necessity Of An Exception To The Self-Incrimination Clause, Stephanie A. Parks

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Evidentiary Relevance, Morally Reasonable Verdicts, And Jury Nullification, Todd E. Pettys Jan 2001

Evidentiary Relevance, Morally Reasonable Verdicts, And Jury Nullification, Todd E. Pettys

Todd E. Pettys

In Old Chief v. United States, the Supreme Court stated that evidence offered by the Government in a criminal case has “fair and legitimate weight” if it tends to show that a guilty verdict would be morally reasonable. This Article focuses on that proposition. First, it discusses the ways in which Old Chief’s analysis rests upon a broadened understanding of evidentiary relevance. Second, it argues that significant theoretical difficulties impede any effort to determine whether evidence tends to show that a guilty verdict would be morally reasonable. Third, it argues that adopting Old Chief’s conception of relevance would necessitate significant …


Scientific Evidence In Civil And Criminal Cases, Paul C. Giannelli Jan 2001

Scientific Evidence In Civil And Criminal Cases, Paul C. Giannelli

Faculty Publications

No abstract provided.


Character Evidence, Paul C. Giannelli Jan 2001

Character Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.


Mapp Goes Abroad, Craig M. Bradley Jan 2001

Mapp Goes Abroad, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


The Problem With Innocence, Margaret Raymond Jan 2001

The Problem With Innocence, Margaret Raymond

Cleveland State Law Review

Pursuing justice for the wrongfully convicted is a profoundly meaningful goal. Yet the innocence movement may have unintended consequences for the criminal justice system. This paper explores some of these, and argues that the focus on factual innocence may create certain distortions in the way that actors in the criminal justice system---the "ones left behind"--perceive their obligations and allegiances. It may convince the public, including policymakers, that the system works effectively to reveal and redress wrongful convictions. It may convince prospective jurors that it is-or should be-the defendant's burden to prove innocence. It may convince potential criminal defense clients that …