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Full-Text Articles in Law
Completing The Quantum Of Evidence, Edward K. Cheng, Brooke Bowerman
Completing The Quantum Of Evidence, Edward K. Cheng, Brooke Bowerman
Vanderbilt Law School Faculty Publications
In "Evidentiary Irony and the Incomplete Rule of Completeness," Professors Daniel Capra and Liesa Richter comprehensively catalog the many shortcomings in current Federal Rule of Evidence 106 and craft a compelling reform proposal. Their proposal admirably solves the identified problems, keeps the rule reasonably succinct, and furthers the accuracy and fairness goals of the rules of evidence. In this Response, we focus on Capra & Richter's proposal to formally recognize a "trumping" power in Rule 106, which would allow an adverse party to offer a completing statement even if it would be "otherwise inadmissible under the rule against hearsay."
Damaged Goods: Why, In Light Of The Supreme Court's Recent Punitive Damages Jurisprudence, Congress Must Amend The Federal Rules Of Evidence, Michael S. Vitale
Damaged Goods: Why, In Light Of The Supreme Court's Recent Punitive Damages Jurisprudence, Congress Must Amend The Federal Rules Of Evidence, Michael S. Vitale
Vanderbilt Law Review
Since the 1980s, a wide range of courts and commentators have expressed concern over large punitive damages awards handed out by civil juries against a wide array of tortfeasors. A late 2001 study revealed that from 1985 to 2001, eight multi-billion dollar punitive damages awards were granted, with four of them being handed down in the years 1999 to 2001 alone.' Not surprisingly, all but one of these verdicts were handed down against large corporations. Among the current members of the U.S. Supreme Court, Justice John Paul Stevens in particular has regularly noted the especially dangerous tendency the current punitive …
The Expert As Educator: A Proposed Approach To The Use Of Battered Woman Syndrome Expert Testimony, Meredith B. Cross
The Expert As Educator: A Proposed Approach To The Use Of Battered Woman Syndrome Expert Testimony, Meredith B. Cross
Vanderbilt Law Review
This Recent Development proposes that courts should permit the use of battered woman syndrome expert testimony, but restrict its use to informing juries of the peculiar mental and emotional state of battered women. This role of the expert as educator would serve to dispel a jury's misconceptions about battered women and, at the same time, draw the focus of the testimony away from the implication which troubled the Buhrle court--that the battered woman syndrome represents a new defense to murder.The Advisory Committee explains in a note that rule 702 of the Federal Rules of Evidence suggests the use of expert …