Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- BLR (5)
- Touro University Jacob D. Fuchsberg Law Center (4)
- Maurer School of Law: Indiana University (2)
- Pepperdine University (2)
- Selected Works (2)
-
- University of Baltimore Law (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- Barry University School of Law (1)
- Cleveland State University (1)
- Georgetown University Law Center (1)
- Notre Dame Law School (1)
- Penn State Dickinson Law (1)
- Seattle University School of Law (1)
- University of Richmond (1)
- Villanova University Charles Widger School of Law (1)
- West Virginia University (1)
- Publication Year
- Publication
-
- ExpressO (5)
- Journal of Race, Gender, and Ethnicity (3)
- All Faculty Scholarship (2)
- Indiana Law Journal (2)
- Nevada Law Journal (2)
-
- Pepperdine Law Review (2)
- Cleveland State Law Review (1)
- Dickinson Law Review (2017-Present) (1)
- Faculty Scholarship (1)
- Georgetown Law Faculty Publications and Other Works (1)
- J. Eric Smithburn (1)
- Journal Articles (1)
- Law Faculty Publications (1)
- Seattle University Law Review (1)
- Thomas D. Lyon (1)
- Touro Law Review (1)
- Villanova Law Review (1)
- West Virginia Law Review (1)
- Publication Type
Articles 1 - 28 of 28
Full-Text Articles in Law
Childist Objections, Youthful Relevance, And Evidence Reconceived, Mae C. Quinn
Childist Objections, Youthful Relevance, And Evidence Reconceived, Mae C. Quinn
Dickinson Law Review (2017-Present)
Evidence rules are written by and for adults. As a result, they largely lack the vantage point of youth and are rooted in arm’s-length assumptions about the lives and legal interests of young people. Moreover, because children have been mostly treated as evidentiary afterthoughts, they have been patched into the justice system and its procedures in a piecemeal fashion. Yet, to date, there has been no comprehensive scholarly critique of evidence principles and practices for failing to meaningfully account for youth. And the evidentiary intersection of youth and race has been almost entirely overlooked in legal scholarship. This Article, in …
Confession Obsession: How To Protect Minors In Interrogations, Cindy Chau
Confession Obsession: How To Protect Minors In Interrogations, Cindy Chau
Journal of Race, Gender, and Ethnicity
No abstract provided.
As Pertains To The Criminal Justice System, Is Hindsight 20/20?, Syndie G. E. Molina, Cristina Negrillo
As Pertains To The Criminal Justice System, Is Hindsight 20/20?, Syndie G. E. Molina, Cristina Negrillo
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Methodology Of Social Adaptation Following The Liberation Of A Wrongful Conviction, Ashantwa Jackman
The Methodology Of Social Adaptation Following The Liberation Of A Wrongful Conviction, Ashantwa Jackman
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Cost Of Ab 193: Constitutional Guarantees Sacrificed For Ineffective Means, Paul George
The Cost Of Ab 193: Constitutional Guarantees Sacrificed For Ineffective Means, Paul George
Nevada Law Journal
No abstract provided.
The History Of Children's Hearsay: From Old Bailey To Post-Davis, Thomas D. Lyon, Raymond Lamagna
The History Of Children's Hearsay: From Old Bailey To Post-Davis, Thomas D. Lyon, Raymond Lamagna
Thomas D. Lyon
The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.
Evaluating The Evaluation: Reliance Upon Mental Health Assessments In Cases Of Alleged Child Sexual Abuse, Sarah F. Shelton
Evaluating The Evaluation: Reliance Upon Mental Health Assessments In Cases Of Alleged Child Sexual Abuse, Sarah F. Shelton
Nevada Law Journal
No abstract provided.
The Trial Court's Gatekeeper Role Under Frye, Daubert, And Kumho: A Special Look At Children's Cases, John Eric Smithburn
The Trial Court's Gatekeeper Role Under Frye, Daubert, And Kumho: A Special Look At Children's Cases, John Eric Smithburn
J. Eric Smithburn
No abstract provided.
Child Witnesses In Sexual Abuse Criminal Proceedings: Their Capabilities, Special Problems, And Proposals For Reform, Dominic J. Fote
Child Witnesses In Sexual Abuse Criminal Proceedings: Their Capabilities, Special Problems, And Proposals For Reform, Dominic J. Fote
Pepperdine Law Review
No abstract provided.
To Testify Or Not To Testify: The Dilemma Facing Children With Multiple Cases Before The Same Judge In Delinquency Court, Katherine I. Puzone
To Testify Or Not To Testify: The Dilemma Facing Children With Multiple Cases Before The Same Judge In Delinquency Court, Katherine I. Puzone
Faculty Scholarship
No abstract provided.
Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon
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.
Spoliation In Child Welfare: Perspectives And Solutions, Dale Margolin Cecka
Spoliation In Child Welfare: Perspectives And Solutions, Dale Margolin Cecka
Law Faculty Publications
Author examines spoliation in child welfare litigation and provides ideas for preserving evidence and improvement record-keeping.
"Sweet Childish Days": Using Developmental Psychology Research In Evaluating The Admissibility Of Out-Of-Court Statements By Young Children, Lynn Mclain
All Faculty Scholarship
A three-year-old child, while being bathed by her babysitter, innocently mentions that her “pee-pee” hurts. When the babysitter asks the child how she hurt it, she says, “Uncle Ernie (her mother’s boyfriend) told me not to tell.” A subsequent medical examination reveals that the child has gonorrhea, a sexually transmitted disease.
By the time of trial, the child is four and-a-half-years old. When questioned by the trial judge, she cannot explain to the judge’s satisfaction, “the difference between the truth and a lie.” Moreover, she has no long term memory of the incident. The judge rules the child incompetent to …
Comments On Child Abuse Litigation In A "Testimonial" World: The Intersection Of Competency, Hearsay, And Confrontation, Myrna S. Raeder
Comments On Child Abuse Litigation In A "Testimonial" World: The Intersection Of Competency, Hearsay, And Confrontation, Myrna S. Raeder
Indiana Law Journal
The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.
The History Of Children's Hearsay: From Old Bailey To Post-Davis, Thomas D. Lyon, Raymond Lamagna
The History Of Children's Hearsay: From Old Bailey To Post-Davis, Thomas D. Lyon, Raymond Lamagna
Indiana Law Journal
The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.
Child Statements In A Post-Crawford World: What The United States Supreme Court Failed To Consider With Regard To Child Victims And Witnesses, Allie Phillips
Child Statements In A Post-Crawford World: What The United States Supreme Court Failed To Consider With Regard To Child Victims And Witnesses, Allie Phillips
ExpressO
With the issuance of Crawford v. Washington, 514 U.S. 36 (2004), by the United States Supreme Court on March 8, 2004, wide spread confusion and concern swept through the nation’s prosecutorial community. The new rule announced in Crawford created too many questions and provided few answers by the Court. In particular, anxiety arose from the child protection community in regard to one primary issue: Are forensic interviews of child victims and witnesses, and other statements made by children, considered “testimonial statements” according to Crawford, thus requiring the child to take the witness stand? The Court further confused the new rule …
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Post-Crawford: Time To Liberalize The Substantive Admissibility Of A Testifying Witness's Prior Consistent Statements, Lynn Mclain
Post-Crawford: Time To Liberalize The Substantive Admissibility Of A Testifying Witness's Prior Consistent Statements, Lynn Mclain
All Faculty Scholarship
The United States Supreme Court's 1995 decision in Tome v. United States has read Federal Rule of Evidence 801(d)(1)(B) to prevent the prosecution's offering a child abuse victim's prior consistent statements as substantive evidence. As a result of that decision, the statements will also be inadmissible even for the limited purpose of helping to evaluate the credibility of a child, if there is a serious risk that the out-of-court statements would be used on the issue of guilt or innocence.
Moreover, after the Court's March 2004 decision in Crawford v. Washington, which redesigned the landscape of Confrontation Clause analysis, other …
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
“Which One Of You Did It?” Criminal Liability For “Causing Or Allowing” The Death Of A Child, Lissa Griffin
“Which One Of You Did It?” Criminal Liability For “Causing Or Allowing” The Death Of A Child, Lissa Griffin
ExpressO
No abstract provided.
The Trial Court's Gatekeeper Role Under Frye, Daubert, And Kumho: A Special Look At Children's Cases, John Eric Smithburn
The Trial Court's Gatekeeper Role Under Frye, Daubert, And Kumho: A Special Look At Children's Cases, John Eric Smithburn
Journal Articles
The typical requisites for receiving testimony from an expert witness are that the expert be qualified in a particular subject or area of expertise, that the expert testify in opinion form or otherwise, which will help the fact finder, and that there be a proper basis for the expert's testimony. This article examines the changing meaning in the law of evidence of the expert's subject area in cases involving children. During most of the last century, where the expert witness proposed to testify concerning a new or novel scientific system, process or technique, the court applied the rule of Frye …
Parent-Child Privilege: Constitutional Right Or Specious Analogy?, Donald Cofer
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 …
Recent Developments, Various Editors
A Re-Evaluation Of The Privilege Against Adverse Spousal Testimony In The Light Of Its Purpose, Paul F. Rothstein
A Re-Evaluation Of The Privilege Against Adverse Spousal Testimony In The Light Of Its Purpose, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
The recent development in American federal criminal evidence law to be examined and compared with English law in this paper, is a new evolutionary turn taken by the husband-wife privilege against adverse spousal testimony, manifest in the Supreme Court decision of Wyatt v. United States. The House of Lords, in Rumping v. D.P.P., just decided, suggests that the English spousal privileges might be susceptible of similar development.
Abstracts Of Recent Cases, Charles Henry Rudolph Jr.
Abstracts Of Recent Cases, Charles Henry Rudolph Jr.
West Virginia Law Review
No abstract provided.
Evidence In Cuyahoga County Juvenile Court, Elaine J. Columbro
Evidence In Cuyahoga County Juvenile Court, Elaine J. Columbro
Cleveland State Law Review
Most persons are aware that Juvenile Court proceedings are informal in character. The accused often appears without counsel, and often admits to participation in the violation. In spite of this, however, the Court must still operate on well laid principles of law. The Court must adhere to rules of evidence applicable to the type of case being heard, and the allegations must be proved. The Court handles various types of cases and therefore much confusion arises over what rules of evidence are applicable in each instance.