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Articles 1 - 27 of 27
Full-Text Articles in Law
Criminal Law And Procedure, Julie E. Mcconnell, Gregory Franklin, Craig Winston Stallard
Criminal Law And Procedure, Julie E. Mcconnell, Gregory Franklin, Craig Winston Stallard
University of Richmond Law Review
No abstract provided.
Testing The Admissibility Of Trademark Surveys After Daubert, Artemio Rivera
Testing The Admissibility Of Trademark Surveys After Daubert, Artemio Rivera
Artemio Rivera
To be admissible, a survey must apply the principles of survey research to the target population in a reliable manner, and base its results upon sufficient interviews and responses. These requirements make clear that the existence of flaws in a survey is not simply a matter of weight to be resolved by the fact finder, but an issue of admissibility that must be determined by the courts as part of their gate keeping duties.
An Introduction To The Rules Of Evidence Applicable To Collection Cases In Maryland Trial Courts, Lynn Mclain
An Introduction To The Rules Of Evidence Applicable To Collection Cases In Maryland Trial Courts, Lynn Mclain
All Faculty Scholarship
This class handout introduces students to the basic concepts of evidence using examples and language from the Maryland Rules of Evidence.
Evidence, Robin Jean Davis, Louis J. Palmer Jr.
Evidence, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Hearsay Exceptions: Adjusting The Ratio Of Intuition To Psychological Science, John E. B. Myers, Ingrid Cordon, Simona Ghetti, Gail S. Goodman
Hearsay Exceptions: Adjusting The Ratio Of Intuition To Psychological Science, John E. B. Myers, Ingrid Cordon, Simona Ghetti, Gail S. Goodman
Law and Contemporary Problems
Myers explores hearsay exeptions by examining three exceptions: excited utterances, statements for purposes of diagnosis or treatment, and the residual hearsay exception. The focus is child declarants, and these exceptions play key roles in child abuse litigation.
Applying Suggestibility Research To The Real World: The Case Of Repeated Questions, Thomas D. Lyon
Applying Suggestibility Research To The Real World: The Case Of Repeated Questions, Thomas D. Lyon
Law and Contemporary Problems
One can discern two parallel trends in the law and the psychology of child witnesses. In the law, appellate courts are beginning to stem the once powerful movement to increase the acceptance of children's testimony and the admissibility of children's out-of-court statements. Lyon analyzes particular strands of each trend.
The Conundrum Of Children, Confrontation, And Hearsay, Richard D. Friedman
The Conundrum Of Children, Confrontation, And Hearsay, Richard D. Friedman
Law and Contemporary Problems
The adjudication of child abuse claims poses an excruciatingly difficult conundrum. In many cases, a large part of the problem is that the prosecution's case depends critically on the statement or testimony of a young child.
Of Mushrooms And Nullifiers: Rules Of Evidence And The American Jury, Stephan Landsman
Of Mushrooms And Nullifiers: Rules Of Evidence And The American Jury, Stephan Landsman
Saint Louis University Public Law Review
No abstract provided.
Child Witness Policy: Law Interfacing With Social Science, Louise E. Graham, Dorothy F. Marsil, Jean Montoya, David Ross
Child Witness Policy: Law Interfacing With Social Science, Louise E. Graham, Dorothy F. Marsil, Jean Montoya, David Ross
Law Faculty Scholarly Articles
The number of children testifying in court has posed serious practical and legal problems for the judicial system. One problem confronting the courts is how to protect children from experiencing the psychological trauma resulting from a face-to-face confrontation with a defendant who may have physically harmed the child or threatened future harm to the child. Another concern is that this trauma may impair children's memory performance and their willingness to disclose the truth. In response to these concerns, child witness innovations proliferated throughout the United States in the 1980s and 1990s. Among the innovations were: placing a screen between child …
The Other Shoe Drops: Minnesota Rejects Daubert, Peter B. Knapp
The Other Shoe Drops: Minnesota Rejects Daubert, Peter B. Knapp
Faculty Scholarship
In 1991, the United States Supreme Court handed decided Daubert v. Merrell Dow Pharmaceuticals, Inc., rejecting the long-standing federal test for the admissibility of scientific testimony articulated in Frye v. United States. Unlike many states, however, which embraced Daubert within years--or even months--of the federal decision, Minnesota declined to make Daubert the law of the jurisdiction. In a pair of cases decided in 2000, Goeb v. Tharaldson and Sentinel Mgmt. v. Aetna Casualty & Surety, the court held that Minnesota would retain the general acceptance test. The court's rejection of Daubert can be read as an attempt to give the …
The Maturation And Disintegration Of The Hearsay Exception For Statements For Medical Examination In Child Sexual Abuse Cases, Robert P. Mosteller
The Maturation And Disintegration Of The Hearsay Exception For Statements For Medical Examination In Child Sexual Abuse Cases, Robert P. Mosteller
Law and Contemporary Problems
Mosteller examines the treatment of children as victims and witnesses in criminal trials, most frequently involving sexual abuse, over the last quarter of the twentieth century, and from that experience, to draw lessons. He also examines what has been learned about the hearsay exception for "statements for purposes of medical diagnosis of treatment."
Forensic Interviews Of Children: The Components Of Scientific Validity And Legal Admissibility, Nancy E. Walker
Forensic Interviews Of Children: The Components Of Scientific Validity And Legal Admissibility, Nancy E. Walker
Law and Contemporary Problems
The problems associated with assessments of children's reports of victimization in criminal proceedings came to national attention during the 1980s and 1990s in a series of highly publicized trials of daycare staff. Walker describes information that professionals need to know if they are to conduct valid interview of children in forensic contexts.
Child Witness Policy: Law Interfacing With Social Science, Dorothy F. Marsil, Jean Montoya, David Ross, Louise Graham
Child Witness Policy: Law Interfacing With Social Science, Dorothy F. Marsil, Jean Montoya, David Ross, Louise Graham
Law and Contemporary Problems
The number of children testifying in court has posed serious practical and legal problems for the judicial system. One problem confronting the courts is how to protect children from experiencing the psychological trauma resulting from face-to-face confrontation with a defendant who may have physically harmed the child or threatened future harm to the child.
The Canyon Of Doubt: John William Corrington's The Risi's Wife, Louise Harmon
The Canyon Of Doubt: John William Corrington's The Risi's Wife, Louise Harmon
Scholarly Works
No abstract provided.
The Maturation And Disintegration Of The Hearsay Exception For Statements For Medical Examination In Child Sexual Abuse Cases, Robert P. Mosteller
The Maturation And Disintegration Of The Hearsay Exception For Statements For Medical Examination In Child Sexual Abuse Cases, Robert P. Mosteller
Faculty Publications
No abstract provided.
"Business On Trial: The True Story." Review Of Business On Trial: The Civil Jury And Corporate Responsibility, Richard O. Lempert
"Business On Trial: The True Story." Review Of Business On Trial: The Civil Jury And Corporate Responsibility, Richard O. Lempert
Reviews
Jury trials are very much an affair of stories. Lawyers tell stories to juries. Evidence is more convincing when presented in story order. Jurors use stories to make sense of evidence. And litigants, particularly losing litigants, tell stories about juries. One of the favorite stories of losing business litigants, second only to the irrational jury story, is the Robin Hood story. Juries love to play Robin Hood, to steal from the rich (businesses and insurance companies) and to give to the poor (individual litigants, especially individual tort litigants). The storytellers see no mystery here. Jurors are "little guys," like the …
Where's The Evidence - Dealing With Spoliation By Plaintiffs In Product Liability Cases, Christopher B. Major
Where's The Evidence - Dealing With Spoliation By Plaintiffs In Product Liability Cases, Christopher B. Major
South Carolina Law Review
No abstract provided.
Good Enough For Government Work: The Constitutional Duty To Preserve Forensic Interviews Of Child Victims, Lucy S. Mcgough
Good Enough For Government Work: The Constitutional Duty To Preserve Forensic Interviews Of Child Victims, Lucy S. Mcgough
Law and Contemporary Problems
McGough proceeds with the confidence on the premise that a forensic interview of a child by a member of the prosecutorial team offers many opportunities for compromising the reliability of the child's remembered account. A vast volume of research data now exists that documents the conclusion that the forensic interviewing of children is a very delicate, sophisticated, and high-risk enterprise.
Why Children’S Suggestibility Remains A Serious Concern, Amye R. Warren, Dorothy F. Marsil
Why Children’S Suggestibility Remains A Serious Concern, Amye R. Warren, Dorothy F. Marsil
Law and Contemporary Problems
Warren and Marsil focus on six areas representing some of the most intractable problems that will require further attention from scientists and practitioners alike. Research on child witnesses is highlighted, concentrating primarily on studies published or presented in the past ten years.
Merging Technology With Justice: How Electronic Courtrooms Shape Evidentiary Concerns, Nicole J. De Sario
Merging Technology With Justice: How Electronic Courtrooms Shape Evidentiary Concerns, Nicole J. De Sario
Cleveland State Law Review
This Note will explore the evidentiary issues raised by the Electronic Courtroom, state how they are presently handled, and highlight the need for the adaptation of the Rules to allow for the smooth integration of such technology into the courtroom. Part I explains why the Administrative Office of the U.S. Courts began funding Electronic Courtrooms and how they have grown in numbers. Part II gives details about the type of equipment typically employed in the Electronic Courtroom, using Courtroom 575 as a case study. The observable impacts of technology on a trial also will be noted. Part III contains an …
Big Brother And A Little Black Box: The Effect Of Scientific Evidence On Privacy Rights, David Uris
Big Brother And A Little Black Box: The Effect Of Scientific Evidence On Privacy Rights, David Uris
Santa Clara Law Review
No abstract provided.
Introduction To The Symposium On Wrongful Convictions: Issues Of Science, Evidence, And Innocence, Ellen Y. Suni
Introduction To The Symposium On Wrongful Convictions: Issues Of Science, Evidence, And Innocence, Ellen Y. Suni
Faculty Works
t is hard to imagine an injustice greater than the incarceration or, worse yet, execution of an innocent. Especially in our system of justice, which purports to accept as a basic premise that it is better that ten guilty go free than that one innocent person be imprisoned, the incarceration of an innocent is simply intolerable. Yet it happens--and much more often than we would like to believe. Questions abound as to why and what can be done about it. The problem of wrongful convictions has been discussed for some time, but it has often been rejected or downplayed. It …
Narrative Relevance, Imagined Juries, And A Supreme Court Inspired Agenda For Jury Research, Richard O. Lempert
Narrative Relevance, Imagined Juries, And A Supreme Court Inspired Agenda For Jury Research, Richard O. Lempert
Articles
This paper has its roots in Old Chief v. United States, a case the Supreme Court of the United States decided in 1997. I will begin by describing this case; then comment on its implications for the Supreme Court’s conception of the jury, and conclude by examining the agenda one may draw from it for empirical jury research. Old Chief arose when Johnny Lynn Old Chief was charged not only with assault with a dangerous weapon and using a firearm in the commission of a crime of violence, but also with violating a law that forbids convicted felons from possessing …
No Link: The Jury And The Origins Of The Confrontation Right And The Hearsay Rule, Richard D. Friedman
No Link: The Jury And The Origins Of The Confrontation Right And The Hearsay Rule, Richard D. Friedman
Book Chapters
The rule against hearsay has long been one of the most distinctive elements of the common law of evidence, and indeed— except for recent changes on the civil side in many jurisdictions— of the common law system of trial. Observers have long believed that the rule, like most of the other exclusionary rules of the common law of evidence, is "the child of the jury system". Though Edmund Morgan argued vigorously to the contrary, the received understanding is that the jury's inability to account satisfactorily for the defects of hearsay explains the rule. A famous, and perhaps seminal, expression of …
The Writings Of John Barker Waite And Thomas Davies On The Search And Seizure Exclusionary Rule, Yale Kamisar
The Writings Of John Barker Waite And Thomas Davies On The Search And Seizure Exclusionary Rule, Yale Kamisar
Articles
After browsing through many volumes of the Michigan Law Review, searching for the article I would discuss on the occasion of the law review's 100th anniversary, I wound up with two "finalists": a 1955 article by Professor John Barker Waite on the law of arrest search and seizure (on further reflection, four Michigan Law Review commentaries on the general subject written by Waite between 1933 and 1955)' and a monumental 200-page article (surely one of the longest articles ever to appear in the Michigan Law Review) by Thomas Davies on the "original Fourth Amendment. 2
The Ethics Of Evidence, J. Alexander Tanford
The Ethics Of Evidence, J. Alexander Tanford
Articles by Maurer Faculty
Professor J. Alexander Tanford offers a unique perspective on the ethics of evidence, illustrated by examples of his own personal experiences as well as excerpts from film and literature. This Article is a must read for any litigator as it addresses the issue of where the line is to be drawn regarding evidence in the courtroom.
Notas Sobre El Desarrollo De Normas De La Prueba Para El Ecuador, Thomas J. Reed
Notas Sobre El Desarrollo De Normas De La Prueba Para El Ecuador, Thomas J. Reed
Thomas J Reed
No abstract provided.