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Articles 1 - 10 of 10
Full-Text Articles in Law
United States V. Havens, Lewis F. Powell Jr.
United States V. Havens, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Payner, Lewis F. Powell Jr.
United States V. Payner, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Burdening The Fifth Amendment: Toward A Presumptive Barrier Theory, Mark Berger
Burdening The Fifth Amendment: Toward A Presumptive Barrier Theory, Mark Berger
Faculty Works
Judging how heavily the state may burden the decision to exercise or forego the fifth amendment privilege against self-incrimination is a concededly problematic undertaking. Nevertheless, the formulation of a standard is essential to ensure principled decision making. Unfortunately, however, the Supreme Court has thus far avoided the task. The decisions from the Warren era suggest in very broad language that any burden on the exercise of the right to remain silent is forbidden, while more recent rulings have barred only those penalties automatically imposed for assertions of the privilege. Neither extreme, however, represents a satisfactory resolution of the conflicting interests …
Probabilities And Proof: Can Hla And Blood Group Testing Prove Paternity?, David H. Kaye, Ira Mark Ellman
Probabilities And Proof: Can Hla And Blood Group Testing Prove Paternity?, David H. Kaye, Ira Mark Ellman
Journal Articles
Advancing medical technology has produced tests which offer the opportunity to resolve paternity disputes with more accuracy than unaided traditional evidentiary techniques are likely to obtain. Because the biology underlying the statistical evidence in paternity cases offers a wealth of previously unavailable information which is certain to revolutionize the adjudication of paternity suits, but it is important that the courts not become so mesmerized by these new sources of evidence that they neglect to subject them to traditional principles of evidence applicable to all testimony. Additionally, for some time scholars have disagreed on the proper application of a probability formula …
Confessions Of A Horizontalist: A Dialogue On The First Amendment, Larry Yackle
Confessions Of A Horizontalist: A Dialogue On The First Amendment, Larry Yackle
Faculty Scholarship
It is hardly surprising that the Supreme Court has never developed a satisfying theory of the first amendment. Free speech and press problems are many and varied, demanding the most delicate balance of interests in order to preserve a system of freedom of expression and at the same time afford proper respect for competing governmental objectives. Doctrine adapted to one medium of expression may not sit well when applied to others. With the passage of time, changes in technology, economic conditions, and the very nature of expression tend to outstrip the Court's ability to keep pace with doctrinal innovations. There …
Exclusionary Rule: Reasonable Remarks On Unreasonable Search And Seizure, Yale Kamisar
Exclusionary Rule: Reasonable Remarks On Unreasonable Search And Seizure, Yale Kamisar
Articles
Can we live with the so-called exclusionary rule, which bars the use of illegally gained evidence in criminal trials? Can the Fourth Amendment live without it? A growing number of lawyers and judges, including Chief Justice Warren Burger, have called for abandonment of the rule, usually on the ground that it has not prevented illegal searches and seizures and on the ground that the rule has contributed significantly to the increase in crime. No one has convincingly demonstrated a causal link between the high rate of crime in America and the exclusionary rule, and I do not believe that any …
A Defense Of The Exclusionary Rule, Yale Kamisar
A Defense Of The Exclusionary Rule, Yale Kamisar
Articles
The exclusionary rule is being flayed with increasing vigor by a number of unrelated sources and with a variety of arguments. Some critics find it unworkable and resort to empirically based arguments. Others see it as the product of a belated and unwarranted judicial interpretation. Still others, uncertain whether the rule works, are confident that in some fashion law enforcement's hands are tied. Professor Yale Kamisar, long a defender of the exclusionary rule, reviews the current attacks on the rule and offers a vigorous rebuttal. He finds it difficult to accept that there is a line for acceptable police conduct …
The Exclusionary Rule In Historical Perspective: The Struggle To Make The Fourth Amendment More Than 'An Empty Blessing', Yale Kamisar
The Exclusionary Rule In Historical Perspective: The Struggle To Make The Fourth Amendment More Than 'An Empty Blessing', Yale Kamisar
Articles
In the 65 years since the Supreme Court adopted the exclusionary rule, few critics have attacked it with as much vigor and on as many fronts as did Judge Malcolm Wilkey in his recent Judicature article, "The exclusionary rule: why suppress valid evidence?" (November 1978).
Character Evidence, Paul C. Giannelli
Co-Conspirator Declarations: The Federal Rules Of Evidence And Other Recent Developments, From A Criminal Law Perspective, Paul Marcus
Faculty Publications
Perhaps the most important advantage available to a prosecutor in a criminal conspiracy case is the exception to the hearsay rule for co-conspirator declarations. The exception is widely used and is often a significant part of the government presentation. In essence, it provides that otherwise inadmissible hearsay declarations of coconspirators are admissible at trial against the defendant so long as they were made during the course and in furtherance of the conspiracy. The exception typically arises when an alleged co-conspirator declarant tells the witness (often an undercover police officer) all about the conspiracy, perhaps in the hope of attracting a …