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Articles 31 - 60 of 101
Full-Text Articles in Law
The Psychotherapist And The Attorney/Client Privileges As They Arise In Civil Rights Disputes, Lewis M. Wasserman
The Psychotherapist And The Attorney/Client Privileges As They Arise In Civil Rights Disputes, Lewis M. Wasserman
Touro Law Review
This article briefly reviews the elements of the psychotherapist-patient and attorney-client privileges and how these privileges may be waived in the context of federal civil rights litigation.
The Fourth Amendment And The Stored Communications Act: Why The Warrantless Gathering Of Historical Cell Site Location Information Poses No Threat To Privacy , Kyle Malone
Pepperdine Law Review
No abstract provided.
Experience-Based Opinion Testimony: Strengthening The Lay Opinion Rule , Anne Bowen Poulin
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 …
Sana Crítica: The System For Weighing Evidence Utilized By The Inter-American Court Of Human Rights, Álvaro Paúl
Sana Crítica: The System For Weighing Evidence Utilized By The Inter-American Court Of Human Rights, Álvaro Paúl
Buffalo Human Rights Law Review
The Spanish version of the case law of the Inter-American Court of Human Rights often states that this tribunal's as- sessment of evidence is ruled by saia crilica, a notion which has received several translations in the English ver- sion of the Court's case law. This concept has a clear mean- ing in the Hispanic civil law tradition. Sana critica is a system for evaluating the weight of evidence whereby a court or tribunal is not constrained by the evidentiary rules of legal proo but must judge in accordance with the rules of logic and experience, and state the grounds …
Testimonial Statements: The Death Of Dying Declarations? - People V. Clay, Sarah R. Gitomer
Testimonial Statements: The Death Of Dying Declarations? - People V. Clay, Sarah R. Gitomer
Touro Law Review
No abstract provided.
The Decline Of The Confrontation Clause In New York - People V. Encarnacion, Anthony Fasano
The Decline Of The Confrontation Clause In New York - People V. Encarnacion, Anthony Fasano
Touro Law Review
No abstract provided.
An Unappealing Decision For New York Dwi Defendants - People V. Pealer, Christopher Gavin
An Unappealing Decision For New York Dwi Defendants - People V. Pealer, Christopher Gavin
Touro Law Review
No abstract provided.
Eavesdropping Under New York And Federal Law: How New York Is Departing From Long-Standing Interpretations Mirroring Federal Law - People V. Rabb, Bailey Ince
Touro Law Review
No abstract provided.
Turn-Coat Disclosure: The Importance Of Following Procedure - Turturro V. City Of New York, Brittany A. Fiorenza
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
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
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.
Vehicle Checkpoints: The Ever-Expanding Array Of Purposes For Which A Vehicle May Be Stopped - People V. Gavenda, Jan Lucas
Touro Law Review
No abstract provided.
Roving Border Patrols In New York – Sometimes The Drug Smuggler Does Not Get Convicted: The Legal Limitations Regarding Vehicle Stops And Consent Searches Based Upon Reasonable Suspicion - People V. Banisadr, Robert Mitchell
Touro Law Review
No abstract provided.
Do Automobile Passengers Have A Legitimate Expectation Of Privacy? An Analysis Of Reasonable Expectation Under The Fourth Amendment - People V. Howard, Lisa Belrose
Touro Law Review
No abstract provided.
The Propriety Of Jury Questioning: A Remedy For Perceived Harmless Error, Laurie Forbes Neff
The Propriety Of Jury Questioning: A Remedy For Perceived Harmless Error, Laurie Forbes Neff
Pepperdine Law Review
No abstract provided.
Breaking The Seal On White-Collar Criminal Search Warrant Materials , David Horan
Breaking The Seal On White-Collar Criminal Search Warrant Materials , David Horan
Pepperdine Law Review
No abstract provided.
Wilson V. Layne: Increasing The Scope Of The Fourth Amendment Right To Privacy, Ashlea Wright
Wilson V. Layne: Increasing The Scope Of The Fourth Amendment Right To Privacy, Ashlea Wright
Pepperdine Law Review
No abstract provided.
Testimony For Sale: The Law And Ethics Of Snitches And Experts, George C. Harris
Testimony For Sale: The Law And Ethics Of Snitches And Experts, George C. Harris
Pepperdine Law Review
No abstract provided.
Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman
Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman
Touro Law Review
No abstract provided.
The Inevitable Discovery Rule - Justice Served Or Justice Thwarted? - People V. Pinckney, Danielle M. Hansen
The Inevitable Discovery Rule - Justice Served Or Justice Thwarted? - People V. Pinckney, Danielle M. Hansen
Touro Law Review
No abstract provided.
It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier
It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier
Touro Law Review
No abstract provided.
Silencing The Victims In Child Sexual Abuse Prosecutions: The Confrontation Clause And Children's Hearsay Statements Before And After Michigan V. Bryant, Deborah Paruch
Touro Law Review
No abstract provided.
Social Media, The Sixth Amendment, And Restyling: Recent Developments In The Federal Laws Of Evidence, Deborah Jones Merritt
Social Media, The Sixth Amendment, And Restyling: Recent Developments In The Federal Laws Of Evidence, Deborah Jones Merritt
Touro Law Review
No abstract provided.
United States V. Diaz: The Gap Between Medication And Restoration, Bryson Mccollum
United States V. Diaz: The Gap Between Medication And Restoration, Bryson Mccollum
Mercer Law Review
In United States v. Diaz, the United States Court of Appeals for the Eleventh Circuit, in a case of first impression, determined whether the state met its burden in applying the United States Supreme Court's test articulated in Sell v. United States, to involuntarily medicate an incompetent, schizophrenic defendant. Based on the Sell test that was established in 2003, the court of appeals had to determine which evidentiary findings were sufficient to meet the clear and convincing evidence standard allowing the State of Georgia to forcibly medicate the appellant, Michael Diaz. The court of appeals found no clear …
Evidence, W. Randall Bassett, Geoffrey M. Drake, Madison H. Kitchens
Evidence, W. Randall Bassett, Geoffrey M. Drake, Madison H. Kitchens
Mercer Law Review
The 2011 term of the United States Court of Appeals for the Eleventh Circuit did not signal any new trends in the interpretation and application of the Federal Rules of Evidence, which comes as no surprise given that the Rules have been in effect since 1975. The 2011 term, however, did include a case of first impression for the court and several cases applying well-established law to new and unique factual scenarios. Several of these cases resulted in unpublished opinions bearing no precedential weight but, nevertheless, offering guidance to the practitioner in future cases.
While the admissibility of hearsay testimony …
Addressing The Costs And Comity Concerns Of International E-Discovery, John T. Yip
Addressing The Costs And Comity Concerns Of International E-Discovery, John T. Yip
Washington Law Review
The volume of electronically stored information (ESI) is expanding rapidly. Under the Federal Rules of Civil Procedure, litigants may request electronic discovery (ediscovery) of many different forms of ESI. In 1978, the U.S. Supreme Court held that the party responding to an e-discovery request presumptively pays all e-discovery costs, including the costs of preserving, producing, and reviewing the requested ESI. Therefore, the rapidly increasing volume of ESI has substantially increased the costs of e-discovery for producing parties. In the 2003 case, Zubulake v. UBS Warburg LLC, the U.S. District Court for the Southern District of New York established a …
Trial Objections From Beginning To End: The Handbook For Civil And Criminal Trials, Craig Lee Montz
Trial Objections From Beginning To End: The Handbook For Civil And Criminal Trials, Craig Lee Montz
Pepperdine Law Review
No abstract provided.
Privacy Rights Left Behind At The Border: The Exhaustive, Exploratory Searches Effectuated In United States V. Cotterman, Aaron Mcknight
Privacy Rights Left Behind At The Border: The Exhaustive, Exploratory Searches Effectuated In United States V. Cotterman, Aaron Mcknight
BYU Law Review
No abstract provided.
Empty Promises: Miranda Warnings In Noncustodial Interrogations, Aurora Maoz
Empty Promises: Miranda Warnings In Noncustodial Interrogations, Aurora Maoz
Michigan Law Review
You have the right to remain silent; anything you say can be used against you in a court of law. You have the right to an attorney; if you cannot afford an attorney, one will be provided to you at the state's expense. In 2010, the Supreme Court declined an opportunity to resolve the question of what courts should do when officers administer Miranda warnings in a situation where a suspect is not already in custody-in other words, when officers are not constitutionally required to give or honor these warnings. While most courts have found a superfluous warning to be …
The Advice-Of-Counsel Defense In Patent Infringement Cases: How Far Does Waiver Of Work Product Extend?, Cecil C. Kuhne Iii
The Advice-Of-Counsel Defense In Patent Infringement Cases: How Far Does Waiver Of Work Product Extend?, Cecil C. Kuhne Iii
Pepperdine Law Review
No abstract provided.