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Full-Text Articles in Law

Expert Qualifications: Traps For The Unwary, Paul C. Giannelli Jan 2000

Expert Qualifications: Traps For The Unwary, Paul C. Giannelli

Faculty Publications

No abstract provided.


New Developments In Scientific Evidence, Paul C. Giannelli Jan 2000

New Developments In Scientific Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.


Are Prosecutorial Ethics Standards Different?, Kevin C. Mcmunigal Jan 2000

Are Prosecutorial Ethics Standards Different?, Kevin C. Mcmunigal

Faculty Publications

Once a prosecutor determines to employ an expert, a number of distinct decisions must be confronted-from choosing the expert, to complying with discovery obligations, to presenting the testimony at trial. Part I of this essay considers the selection of experts. Although improper selection of experts can be viewed as merely another aspect of presenting misleading testimony, we treat it separately in this essay because the literature typically ignores it. Part 1I examines the pretrial disclosure of scientific evidence. The issues that have arisen in this context include late disclosure, omitting information from laboratory reports, declining to have a report prepared, …


Impeachment: Evidence Amendments, Paul C. Giannelli Jan 1999

Impeachment: Evidence Amendments, Paul C. Giannelli

Faculty Publications

No abstract provided.


Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer Jan 1999

Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer

Faculty Publications

No abstract provided.


Daubert In The States, Paul C. Giannelli Jan 1998

Daubert In The States, Paul C. Giannelli

Faculty Publications

No abstract provided.


Hearsay: Traps & Problem Issues, Paul C. Giannelli Jan 1998

Hearsay: Traps & Problem Issues, Paul C. Giannelli

Faculty Publications

No abstract provided.


Rape Trauma Syndrome, Paul C. Giannelli Feb 1997

Rape Trauma Syndrome, Paul C. Giannelli

Faculty Publications

Article discusses use of rape trauma syndrom in litigation.


Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno Jan 1997

Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno

Faculty Publications

No abstract provided.


A Bludgeon By Any Other Name: The Misuse Of Ethical Rules Against Prosecutors To Control The Law Of The State, Frank O. Bowman Iii Apr 1996

A Bludgeon By Any Other Name: The Misuse Of Ethical Rules Against Prosecutors To Control The Law Of The State, Frank O. Bowman Iii

Faculty Publications

My objective here is threefold: (1) to explain these ethical rules and demonstrate how each is in conflict with longstanding principles of federal criminal law; (2) to explain why these rules are illegitimate, both as rules of ethics and as rules of positive law; and (3) to offer some observations on how the dispute over these rules can sharpen our thinking about the nature and proper limits of ethical rules governing lawyers.


The After-Acquired Evidence Rule: The Best Of All Possible Worlds?, Sharona Hoffman Jan 1996

The After-Acquired Evidence Rule: The Best Of All Possible Worlds?, Sharona Hoffman

Faculty Publications

No abstract provided.


Chain Of Custody, Paul C. Giannelli Jan 1996

Chain Of Custody, Paul C. Giannelli

Faculty Publications

No abstract provided.


Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus Jan 1996

Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus

Faculty Publications

No abstract provided.


Conditional Probative Value And The Reconstruction Of The Federal Rules Of Evidence, Dale A. Nance Jan 1995

Conditional Probative Value And The Reconstruction Of The Federal Rules Of Evidence, Dale A. Nance

Faculty Publications

In a recent article, Richard Friedman articulates a modified and generalized version of the doctrine of conditional relevance, which he calls "conditional probative value."1 This version comes in response to a substantial body of academic criticism of the traditional doctrine.2 As one of the critics to whom Professor Friedman responds, I offer this reply with two purposes in mind: (1) to clarify the relationship between Friedman's analysis and my earlier reinterpretation of the conditional relevance doctrine; and (2) to ad- dress Friedman's specific proposals with regard to the Federal Rules of Evidence. I conclude that Friedman's articulation helps clarify the …


Seizing Evidence From Suspects For Forensic Analysis, Paul C. Giannelli Jan 1995

Seizing Evidence From Suspects For Forensic Analysis, Paul C. Giannelli

Faculty Publications

No abstract provided.


A Theory Of Verbal Completeness, Dale A. Nance Jan 1995

A Theory Of Verbal Completeness, Dale A. Nance

Faculty Publications

In this Article I will endorse the view that the most important modem function of the completeness rule is to trump otherwise applicable exclusionary rules, though not every rule in every instance. I will also offer the general proposition that it should almost always trump one large and important class of exclusionary rules, those based upon the "best evidence" principle, that is, the principle that parties should present to the tribunal the epistemically best evidence available to them on a given litigated issue.


Technology Comes To The Courtroom, And . . ., Fredric I. Lederer Jul 1994

Technology Comes To The Courtroom, And . . ., Fredric I. Lederer

Faculty Publications

No abstract provided.


Foreword: Do We Really Want To Know The Defendant?, Dale A. Nance Jan 1994

Foreword: Do We Really Want To Know The Defendant?, Dale A. Nance

Faculty Publications

Forward to the Symposium on the Admission of Prior Offense Evidence in Sexual Assualt Cases, Chicago, Illinois, 1994.


Polygraph Evidence: Part I, Paul C. Giannelli Jan 1994

Polygraph Evidence: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.


Confrontation Issues In Child Abuse Cases, Paul C. Giannelli Jan 1994

Confrontation Issues In Child Abuse Cases, Paul C. Giannelli

Faculty Publications

No abstract provided.


Junk Science, Daubert, And Ohio Rule 702, Paul C. Giannelli Jan 1994

Junk Science, Daubert, And Ohio Rule 702, Paul C. Giannelli

Faculty Publications

No abstract provided.


Polygraph Evidence: Part Ii, Paul C. Giannelli Jan 1994

Polygraph Evidence: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.


Criminal Discovery In Oklahoma: A Call For Legislative Action, Rodney J. Uphoff Oct 1993

Criminal Discovery In Oklahoma: A Call For Legislative Action, Rodney J. Uphoff

Faculty Publications

This article first explores the Allen decision and the extent to which Allen changed the law of criminal discovery in Oklahoma. Next, the article examines some of the theoretical and practical problems with the Allen procedures as well as the efforts of the Oklahoma Court of Criminal Appeals to address some of the troublesome questions generated by Allen. Finally, the article discusses the need to replace the Allen provisions with a legislative framework that facilitates pretrial access to information and minimizes “trial ambush,” but without compromising the fair and efficient operation of the adversary system.


“Junk Science”: The Criminal Cases, Paul C. Giannelli Jan 1993

“Junk Science”: The Criminal Cases, Paul C. Giannelli

Faculty Publications

No abstract provided.


Chain Of Custody, Paul C. Giannelli Jan 1993

Chain Of Custody, Paul C. Giannelli

Faculty Publications

No abstract provided.


Rape Trauma Syndrome & Child Sexual Abuse Syndrome, Paul C. Giannelli Jan 1993

Rape Trauma Syndrome & Child Sexual Abuse Syndrome, Paul C. Giannelli

Faculty Publications

No abstract provided.


Understanding Responses To Hearsay: An Extension Of The Comparative Analysis, Dale A. Nance Jan 1992

Understanding Responses To Hearsay: An Extension Of The Comparative Analysis, Dale A. Nance

Faculty Publications

Response to Professor Damaska's presentation at the Hearsay Reform Conference, Minneapolis, Minnesota, 1992.


Scientific Evidence In Criminal Prosecutions, Paul C. Giannelli Jan 1992

Scientific Evidence In Criminal Prosecutions, Paul C. Giannelli

Faculty Publications

No abstract provided.


"Other Acts” & Character Evidence: Part I, Paul C. Giannelli Jan 1992

"Other Acts” & Character Evidence: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.


"Other Acts” & Character Evidence: Part Ii, Paul C. Giannelli Jan 1992

"Other Acts” & Character Evidence: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.