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The Economic Analysis Of Evidence Law: Common Sense On Stilts, Richard O. Lempert
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
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
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
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
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
Scientific Evidence In Civil And Criminal Cases, Paul C. Giannelli
Faculty Publications
No abstract provided.
Character Evidence, Paul C. Giannelli
Mapp Goes Abroad, Craig M. Bradley
The Problem With Innocence, Margaret Raymond
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 …