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Evidence

1979

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Articles 31 - 41 of 41

Full-Text Articles in Law

Confessions Of A Horizontalist: A Dialogue On The First Amendment, Larry Yackle Jan 1979

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 Jan 1979

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 Practitioner's Guide To The Management And Use Of Expert Witnesses In Washington Civil Litigation, Thomas V. Harris Jan 1979

A Practitioner's Guide To The Management And Use Of Expert Witnesses In Washington Civil Litigation, Thomas V. Harris

Seattle University Law Review

The Washington litigation process places a premium on the skillful management of expert witnesses. Testimony presented by such witnesses is both readily admissible and virtually unlimited in scope. Washington's adoption of the new Rules of Evidence can only serve to reinforce the current practice. Since most litigated cases involve substantial factual disputes, the development and presentation of expert testimony should be a major concern of all trial attorneys. The importance of trial examination has never been underrated. That part of the litigation process is one that all attorneys relish. The skillful management of expert witnesses, however, involves far more than …


Privileged Communications Between Counsel And The Corporate Client, Robert G. Markey, Craig S. Bonnell Jan 1979

Privileged Communications Between Counsel And The Corporate Client, Robert G. Markey, Craig S. Bonnell

Cleveland State Law Review

At present inconsistent lower federal appellate court decisions governing the use of the attorney-client privilege and work-product doctrine apply to the discovery of communications between counsel and the corporate client. Because of the distinctions that have developed in the application of the corporate attorney-client privilege and work-product doctrine due to the unique factual settings in which the issues have arisen, prior case law may not be totally preempted by the Supreme Court decision in Upjohn. This article will explore some of these divergent opinions to determine the probable effect that the Court's decision in Upjohn will have upon communications between …


Privileged Communications Between Counsel And The Corporate Client, Robert G. Markey, Craig S. Bonnell Jan 1979

Privileged Communications Between Counsel And The Corporate Client, Robert G. Markey, Craig S. Bonnell

Cleveland State Law Review

At present inconsistent lower federal appellate court decisions governing the use of the attorney-client privilege and work-product doctrine apply to the discovery of communications between counsel and the corporate client. Because of the distinctions that have developed in the application of the corporate attorney-client privilege and work-product doctrine due to the unique factual settings in which the issues have arisen, prior case law may not be totally preempted by the Supreme Court decision in Upjohn. This article will explore some of these divergent opinions to determine the probable effect that the Court's decision in Upjohn will have upon communications between …


A Defense Of The Exclusionary Rule, Yale Kamisar Jan 1979

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 Admissibility Of Evaluative Reports Under Federal Rule Of Evidence 803(8), Kimberly K. Greene Jan 1979

The Admissibility Of Evaluative Reports Under Federal Rule Of Evidence 803(8), Kimberly K. Greene

Kentucky Law Journal

No abstract provided.


The Exclusionary Rule In Historical Perspective: The Struggle To Make The Fourth Amendment More Than 'An Empty Blessing', Yale Kamisar Jan 1979

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).


Parent-Child Privilege: Constitutional Right Or Specious Analogy?, Donald Cofer Jan 1979

Parent-Child Privilege: Constitutional Right Or Specious Analogy?, Donald Cofer

Seattle University Law Review

To avoid reaching incorrect verdicts as a result of insufficient evidence, courts generally require witnesses to testify to all relevant facts within their knowledge. Two important exceptions to this general rule, incompetency and privilege, rest on very different rationales. Developed at common law to exclude unreliable evidence, rules of competency disqualify certain untrustworthy witnesses from testifying. To promote extrinsic public policies, however, privileges excuse competent witnesses from providing what may be highly probative and reliable evidence. In the past decade there have been calls for legislative or judicial recognition of a parent-child privilege, similar to the marital privilege, that would …


Character Evidence, Paul C. Giannelli Jan 1979

Character Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.


Co-Conspirator Declarations: The Federal Rules Of Evidence And Other Recent Developments, From A Criminal Law Perspective, Paul Marcus Jan 1979

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 …