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Articles 1 - 30 of 35
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.
Child Sexual Abuse Prosecutions: Admitting Out-Of-Court Statements Of Child Victims And Witnesses In Louisana, Charles W. Ehrhardt, Ryon M. Mccabe
Child Sexual Abuse Prosecutions: Admitting Out-Of-Court Statements Of Child Victims And Witnesses In Louisana, Charles W. Ehrhardt, Ryon M. Mccabe
Scholarly Publications
No abstract provided.
Probability And Proof In State V. Skipper: An Internet Exchange, Lewis H. Larue
Probability And Proof In State V. Skipper: An Internet Exchange, Lewis H. Larue
Scholarly Articles
Not available.
"Show And Tell": An Analysis Of The Scope Of The Attorney-Client Waiver Standards, Roberta M. Harding
"Show And Tell": An Analysis Of The Scope Of The Attorney-Client Waiver Standards, Roberta M. Harding
Law Faculty Scholarly Articles
As today's society becomes increasingly litigious, document productions, a major discovery tool, are growing larger. One inevitable consequence of this phenomenon is the increased risk that communications protected by the attorney-client privilege may be inadvertently disclosed. Privileged communications may also be disclosed to an adversary under more questionable circumstances: specifically, the intentional, strategic disclosure of privileged information favorable to the disclosing party's position.
In any case involving the disclosure of privileged information, the court must initially decide whether the privilege is waived. To resolve this threshold issue courts apply one of the three waiver tests. If a court decides that …
Which Scientist Do You Believe - Process Alternatives In Technological Controversies, Thomas G. Field Jr.
Which Scientist Do You Believe - Process Alternatives In Technological Controversies, Thomas G. Field Jr.
RISK: Health, Safety & Environment (1990-2002)
Beyond introducing these papers, Professor Field argues that those designing processes for tasks originally contemplated by the Science Court proposal should closely consider, e.g., intervening experience with alternative dispute resolution.
The Separation Of Facts And Values, Arthur Kantrowitz
The Separation Of Facts And Values, Arthur Kantrowitz
RISK: Health, Safety & Environment (1990-2002)
Dr. Kantrowitz maintains that much modern pessimism derives from failure to separate what is from what ought to be and urges that scientific conflicts be resolved as value neutrally as possible.
Coping With Phantom Risks In The Courts, Peter W. Huber
Coping With Phantom Risks In The Courts, Peter W. Huber
RISK: Health, Safety & Environment (1990-2002)
Dr. Huber describes "phantom" risks as those tending to hover indefinitely, never to crystallize. He argues that legal procedures should optimally lead' to closure and eliminate unwarranted fears.
Review Of: Dorothy J. Howell, Scientific Literacy And Environmental Policy- The Missing Prerequisite For Sound Decision Making (Quorum Books 1992), Diane M. Albert
Review Of: Dorothy J. Howell, Scientific Literacy And Environmental Policy- The Missing Prerequisite For Sound Decision Making (Quorum Books 1992), Diane M. Albert
RISK: Health, Safety & Environment (1990-2002)
Review of: Dorothy J. Howell, Scientific Literacy and Environmental Policy- The Missing Prerequisite for Sound Decision Making (Quorum Books 1992). Acknowledgements, bibliography, epilogue, index, introduction. LC 91- 36028; ISBN 0-89930-616-0. [181 pp. Cloth $45.00. One Madison Ave., New York, NY 10010.1
On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar
On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar
Articles
Professor Akhil Reed Amar and Ms. Renee B. Lettow have written a lively, provocative article that will keep many of us who teach constitutional-criminal procedure busy for years to come. They present a reconception of the "first principles" of the Fifth Amendment, and they suggest a dramatic reconstruction of criminal procedure. As a part of that reconstruction, they propose, inter alia, that at a pretrial hearing presided over by a judicial officer, the government should be empowered to compel a suspect, under penalty of contempt, to provide links in the chain of evidence needed to convict him.
Reply: Self-Incrimination And The Constitution: A Brief Rejoinder To Professor Kamisar, Akhil Reed Amar, Renée B. Lettow
Reply: Self-Incrimination And The Constitution: A Brief Rejoinder To Professor Kamisar, Akhil Reed Amar, Renée B. Lettow
Michigan Law Review
A Reply to Yale Kamisar's Response to the "Fifth Amendment Principles: The Self-Incrimination Clause"
Fifth Amendment First Principles: The Self-Incrimination Clause, Akhil Reed Amar, Renée B. Lettow
Fifth Amendment First Principles: The Self-Incrimination Clause, Akhil Reed Amar, Renée B. Lettow
Michigan Law Review
In Part I of this article, we examine the global puzzle of the Self-Incrimination Clause and the local confusion or perversion lurking behind virtually every key word and phrase in the clause as now construed. In Part II we elaborate our reading of the clause and show how it clears up the local problems and solves the overall puzzle.
Race Separatism In The Family: More On The Transracial Adoption Debate, Elizabeth Bartholet
Race Separatism In The Family: More On The Transracial Adoption Debate, Elizabeth Bartholet
Duke Journal of Gender Law & Policy
Some twenty-five years ago a trial court in Virginia upheld the state ban on interracial marriage, reasoning that God created different races and, accordingly, that it was natural to maintain racial purity, and unnatural to engage in racial mixing. 1 At that time, many other state laws banned both interracial marriage and transracial adoption. In Loving v. Virginia, 2 the United States Supreme Court struck down the Virginia antimiscegenation law, reversing the trial court's decision and holding that it was unconstitutional for states to mandate racial separatism in the family. Later, in Palmore v. Sidoti, 3 the Court ruled that …
United States V. Gaudin: A Decision With Material Impact, Jeffrey Saks
United States V. Gaudin: A Decision With Material Impact, Jeffrey Saks
Fordham Law Review
No abstract provided.
The Meaning Of "Facts Or Data" In Federal Rule Of Evidence 703: The Significance Of The Supreme Court's Decision To Rely On Federal Rule 702 In Daubert V. Merrell Dow Pharmaceuticals, Inc., Edward J. Imwinkelried
The Meaning Of "Facts Or Data" In Federal Rule Of Evidence 703: The Significance Of The Supreme Court's Decision To Rely On Federal Rule 702 In Daubert V. Merrell Dow Pharmaceuticals, Inc., Edward J. Imwinkelried
Maryland Law Review
No abstract provided.
The Maryland Rules Of Evidence - The New Maryland Rules Of Evidence: Survey, Analysis And Critique, Alan D. Hornstein
The Maryland Rules Of Evidence - The New Maryland Rules Of Evidence: Survey, Analysis And Critique, Alan D. Hornstein
Maryland Law Review
No abstract provided.
Codifying The Rule On Expert Testimony: Why Traditional Analysis Should Be Generally Acceptable, Kevin M. Carroll
Codifying The Rule On Expert Testimony: Why Traditional Analysis Should Be Generally Acceptable, Kevin M. Carroll
Maryland Law Review
No abstract provided.
Residual Hearsay Exceptions: A New Opening?, Jeffrey E. Greene
Residual Hearsay Exceptions: A New Opening?, Jeffrey E. Greene
Maryland Law Review
No abstract provided.
What Is A "Crime Relevant To Credibility"?, James A. Protin
What Is A "Crime Relevant To Credibility"?, James A. Protin
Maryland Law Review
No abstract provided.
Calmer Seas: The Supreme Court's Major Criminal Law Rulings Of The 1993-94 Term, William E. Hellerstein
Calmer Seas: The Supreme Court's Major Criminal Law Rulings Of The 1993-94 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
General Evidentiary Objections Still Valid In Maryland, Dinah S. Leventhal
General Evidentiary Objections Still Valid In Maryland, Dinah S. Leventhal
Maryland Law Review
No abstract provided.
The Plain Feel Doctrine In Washington: An Opportunity To Provide Greater Protections Of Privacy To Citizens Of This State, Laura T. Bradley
The Plain Feel Doctrine In Washington: An Opportunity To Provide Greater Protections Of Privacy To Citizens Of This State, Laura T. Bradley
Seattle University Law Review
This Comment argues that Washington should return to an independent analysis of search and seizure doctrine under article I, section 7 of the state constitution and reject the admission of contraband seized during the course of a pat-down frisk. The decisions in Hudson and Dickerson have established an unnecessary and unworkable standard, and involve an increased invasion of personal privacy without the counter-balancing need to protect the safety of others. The plain feel doctrine as announced in Dickerson and Hudson developed from two well-established concepts in search and seizure law-the Terry frisk of persons to discover weapons and the plain …
Arbitration Of Patent Infringement Disputes: Encouraging The Use Of Arbitration Through Evidence Rules Reform, Gregg A. Paradise
Arbitration Of Patent Infringement Disputes: Encouraging The Use Of Arbitration Through Evidence Rules Reform, Gregg A. Paradise
Fordham Law Review
No abstract provided.
Brown And The Doctrine Of Precedent: A Concurring Opinion, Thomas B. Mcaffee
Brown And The Doctrine Of Precedent: A Concurring Opinion, Thomas B. Mcaffee
Scholarly Works
This article is part of a symposium sponsored by Southern Illinois University regarding Brown v. Board of Education. In this article, the author addresses the question of what opinion he would have written had he been a justice on the U.S. Supreme Court when the case was decided.
The author indicates he would have concurred in those opinions finding a violation of the Equal Protection Clause of the Fourteenth Amendment in Brown v. Board of Education. The author finds persuasive the argument that any other decision would permit states to evade the core purpose of the Fourteenth Amendment. Nevertheless, …
Sexual Harassment And Expertise: The Admissibility Of Expert Witness Testimony In Cases Utilizing The Reasonable Woman Standard, Jeremy D. Pasternak
Sexual Harassment And Expertise: The Admissibility Of Expert Witness Testimony In Cases Utilizing The Reasonable Woman Standard, Jeremy D. Pasternak
Santa Clara Law Review
No abstract provided.
Evidentiary Use (And Misuse) Of The Civil Defendant's Financial Status, Karen M. Grundy
Evidentiary Use (And Misuse) Of The Civil Defendant's Financial Status, Karen M. Grundy
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Toward Eliminating Bargain Basement Justice: Providing Indigent Defendants With Expert Services And An Adequate Defense, Fred Warren Bennett
Toward Eliminating Bargain Basement Justice: Providing Indigent Defendants With Expert Services And An Adequate Defense, Fred Warren Bennett
Law and Contemporary Problems
No abstract provided.