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Full-Text Articles in Law

The Nursing Standard Of Care In Illinois: Rethinking The Wingo Exception In The Wake Of Sullivan V. Edward Hospital, Emily Chase-Sosnoff Dec 2012

The Nursing Standard Of Care In Illinois: Rethinking The Wingo Exception In The Wake Of Sullivan V. Edward Hospital, Emily Chase-Sosnoff

Chicago-Kent Law Review

This note analyzes the current circuit split among Illinois courts over whether the same-license requirement for medical expert testimony applies to testimony about the standard of care for nurse-doctor communications. Part I traces the history of the problem by explaining the original same-license requirement, the Wingo exception for nurse-doctor communications, and the Illinois Supreme Court's decision in Sullivan, which cast doubt on Wingo's continued survival. Part II illustrates the nature of the circuit split by describing the lower courts' three distinct interpretations of Sullivan. Finally, Part III argues that courts should apply Sullivan strictly and abandon the Wingo exception because …


Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon Nov 2012

Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon

Pepperdine Law Review

No abstract provided.


The Unreliability Of Testimony From A Witness With Multiple Personality Disorder (Mpd): Why Courts Must Acknowledge The Connection Between Hypnosis And Mpd And Adopt A “Per Se” Rule Of Exclusion For Mpd Testimony, Mark Anthony Miller Oct 2012

The Unreliability Of Testimony From A Witness With Multiple Personality Disorder (Mpd): Why Courts Must Acknowledge The Connection Between Hypnosis And Mpd And Adopt A “Per Se” Rule Of Exclusion For Mpd Testimony, Mark Anthony Miller

Pepperdine Law Review

No abstract provided.


Substance And Method In The Year 2000, Akhil Reed Amar Oct 2012

Substance And Method In The Year 2000, Akhil Reed Amar

Pepperdine Law Review

No abstract provided.


Experience-Based Opinion Testimony: Strengthening The Lay Opinion Rule , Anne Bowen Poulin Sep 2012

Experience-Based Opinion Testimony: Strengthening The Lay Opinion Rule , Anne Bowen Poulin

Pepperdine Law Review

Determining whether experience-based opinion should be evaluated as lay or as expert opinion has proven particularly challenging to the courts. The Federal Rules of Evidence were amended in 2000, adopting specific, more stringent requirements for expert testimony and hardening the line between lay and expert opinion. Expert opinion testimony is admissible only if based on reliable methodology, whereas lay opinion must be rationally derived using everyday reasoning. The decisions applying the rules do not strike the right balance in regard to experience-based opinion. Too often, courts either accept claims of experience-based expertise at face value or admit experience-based opinion as …


The Decline Of The Confrontation Clause In New York - People V. Encarnacion, Anthony Fasano Aug 2012

The Decline Of The Confrontation Clause In New York - People V. Encarnacion, Anthony Fasano

Touro Law Review

No abstract provided.


Turn-Coat Disclosure: The Importance Of Following Procedure - Turturro V. City Of New York, Brittany A. Fiorenza Aug 2012

Turn-Coat Disclosure: The Importance Of Following Procedure - Turturro V. City Of New York, Brittany A. Fiorenza

Touro Law Review

No abstract provided.


New York’S Grant Of Greater Fifth Amendment Rights To Sexual Predators In Somta Proceedings - New York V. Suggs, Lina R. Carbuccia Aug 2012

New York’S Grant Of Greater Fifth Amendment Rights To Sexual Predators In Somta Proceedings - New York V. Suggs, Lina R. Carbuccia

Touro Law Review

No abstract provided.


Trial Error Blunder: Compounded Use Of Defendant’S Post-Arrest Silence For Impeachment And Summation Purposes Is Not Harmless - People V. Tucker, Robert Mitchell Aug 2012

Trial Error Blunder: Compounded Use Of Defendant’S Post-Arrest Silence For Impeachment And Summation Purposes Is Not Harmless - People V. Tucker, Robert Mitchell

Touro Law Review

No abstract provided.


Testimony For Sale: The Law And Ethics Of Snitches And Experts, George C. Harris Jul 2012

Testimony For Sale: The Law And Ethics Of Snitches And Experts, George C. Harris

Pepperdine Law Review

No abstract provided.


Party's Over: Admissibility Of Post-Trial Juror Testimony Should Depend On The Nature Of The Conduct, Justin Gillett Jan 2012

Party's Over: Admissibility Of Post-Trial Juror Testimony Should Depend On The Nature Of The Conduct, Justin Gillett

University of Michigan Journal of Law Reform Caveat

What do you call a weeklong period in which you and a handful of acquaintances drink alcohol every day at lunch, sleep though the afternoons, smoke marijuana and ingest a couple lines of cocaine on occasion? You call it the time when a jury convicted Anthony Tanner and William Conover of conspiracy to defraud the United States and commit various acts of mail fraud. Under a current rule of evidence, which precludes juror testimony to impeach a verdict except on extraneous prejudicial information, juror intoxication is not an external influence about which jurors may testify. A new test for the …


The Problem Of Convicting Innocent Persons: How Often Does It Occur And How Can It Be Prevented?, Leon Friedman Jan 2012

The Problem Of Convicting Innocent Persons: How Often Does It Occur And How Can It Be Prevented?, Leon Friedman

NYLS Law Review

No abstract provided.


Impeachment Methods Illustrated: Movies, Novels, And High Profile Cases, Martin A. Schwartz, John Nicodemo Jan 2012

Impeachment Methods Illustrated: Movies, Novels, And High Profile Cases, Martin A. Schwartz, John Nicodemo

Touro Law Review

No abstract provided.