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Articles 1 - 8 of 8
Full-Text Articles in Law
"X-Spurt" Witnesses, Richard H. Underwood
"X-Spurt" Witnesses, Richard H. Underwood
Law Faculty Scholarly Articles
In this article the author pulls together a history of expert witnesses in common law systems. Various issues are explored regarding expert witness testimony, including: the historical underpinnings of the practice, how Daubert controls that issue in modern times, rules of evidence, psychological science, and professional ethics.
The Federal Rules Of Evidence--Past, Present, And Future: A Twenty-Year Perspective, Faust Rossi
The Federal Rules Of Evidence--Past, Present, And Future: A Twenty-Year Perspective, Faust Rossi
Cornell Law Faculty Publications
This Essay surveys three major transformations in state and federal rules of evidence since the introduction of the Federal Rules of Evidence. The Rules have not only inspired a movement toward codification in the states, they have also liberalized the admission of expert testimony and hearsay. This partially explains thirteen states' reluctance to codify. Judges have furthered this trend by admitting far more discretionary hearsay evidence than Congress intended. Professor Rossi doubts this expansion of the hearsay exceptions would have occurred without the adoption of the FRE and suggests that the newly formed Advisory Committee will produce greater substantive changes …
Classical Rhetoric, Practical Reasoning, And The Law Of Evidence , Eileen A. Scallen
Classical Rhetoric, Practical Reasoning, And The Law Of Evidence , Eileen A. Scallen
American University Law Review
No abstract provided.
Clinging To History: The Supreme Court (Mis)Interprets Federal Rule Of Evidence 801(D)(1)(B) As Containing A Temporal Requirement, Christopher A. Jones
Clinging To History: The Supreme Court (Mis)Interprets Federal Rule Of Evidence 801(D)(1)(B) As Containing A Temporal Requirement, Christopher A. Jones
University of Richmond Law Review
The adoption of the Federal Rules of Evidence (the Rules) resulted in a more liberal standard for the admission and use of various forms of evidence. For example, the Rules altered the definition of "relevant evidence" increasing the scope of evidence that can be presented to a jury. Also, the Rules per- mit prior inconsistent statements to be admitted as substantive evidence rather than for impeachment purposes only. The Advisory Committee enunciated these changes, and other changes resulting from the adoption of the Rules, in their notes accompanying the Rules.
Prior Statements Of A Witness: A Nettlesome Corner Of The Hearsay Thicket, Richard D. Friedman
Prior Statements Of A Witness: A Nettlesome Corner Of The Hearsay Thicket, Richard D. Friedman
Articles
In Tome v United States, for the fifth time in eight years, the Supreme Court decided a case presenting the problem of how a child's allegations of sexual abuse should be presented in court. Often the child who charges that an adult abused her is unable to testify at trial, or at least unable to testify effectively under standard procedures. These cases therefore raise intriguing and difficult questions related to the rule against hearsay and to an accused's right under the Sixth Amendment to confront the witnesses against him. One would hardly guess that, however, from the rather arid debate …
Intellectual Coherence In An Evidence Code, Paul F. Rothstein
Intellectual Coherence In An Evidence Code, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
The Federal Rules of Evidence (Federal Rules or Rules) were created in large part to promote uniformity and predictability in federal trials by providing a relatively instructive guide for judges and lawyers concerning the admissibility of evidence. As with any codification, success in this respect requires, among other things, that there be a considerable degree of intellectual coherence among the code's various provisions. The Federal Rules fall short of intellectual coherence in a number of areas. They contain contradictory and inconsistent mandates that do not make theoretical sense and therefore accord the trial judge almost unlimited discretion in these areas. …
A Theory Of Verbal Completeness, Dale A. Nance
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.
Proposed Evidence Rules 413 To 415 – Some Problems And Recommendations, James S. Liebman
Proposed Evidence Rules 413 To 415 – Some Problems And Recommendations, James S. Liebman
Faculty Scholarship
Section 320935 of the Violent Crime Control and Law Enforcement Act of 1994 proposes three new Federal Rules of Evidence-Rules 413-415 – that would liberalize the admissibility of "propensity evidence" in criminal and civil cases involving allegations of sexual assault and child molestation. This Article expresses some reservations about, and suggests some alternatives to, Proposed Rules 413-415.