Law Commons^™

Alaska’S Medical Malpractice Expert Advisory Panel: Assessing The Prognosis, Jonathan Scott Aronie

Alaska Law Review

No abstract provided.

Evidence, Steven M. Pruitt, Steven E. Williford, Simpson Z. Fant

South Carolina Law Review

No abstract provided.

In Support Of Huber, Jon F. Merz

RISK: Health, Safety & Environment (1990-2002)

The author takes exception to two recent reviews of GALILEO'S REVENGE.

The Worst Evidence Principle: The Best Hypothesis As To The Logical Structure Of Evidence Law, Edward J. Imwinkelried

University of Miami Law Review

No abstract provided.

Experts As Hearsay Conduits: Confrontation Abuses In Opinion Testimony, Ronald L. Carlson

Scholarly Works

The dispute over whether litigants may use experts to run unexamined hearsay into the trial record is a microcosm of a larger debate. The larger question is whether judicial review of expert testimony should be passive, or whether the expert witness process should be marked by active judicial policing. Does the plethora of expert opinions presently being offered in modern trials merit special scrutiny by the courts?

Some scholars urge that courts must accommodate experts. Proponents of this view favor few challenges to the unrestricted rendition of opinions by an expert, whether the expert is real or self-proclaimed. Under this …

Book Review Of Litigation Services Directory, James S. Heller

Library Staff Publications

No abstract provided.

Child Abuse Reporting Laws And Attorney-Client Confidences: The Reality And The Specter Of Lawyer As Informant, Robert P. Mosteller

Faculty Publications

No abstract provided.

Scientific Evidence In Criminal Prosecutions, Paul C. Giannelli

Faculty Publications

No abstract provided.

Helpful Or Reasonably Reliable Analyzing The Expert Witness’S Methodology Under Federal Rules Of Evidence 702 And 703, Michael C. Mccarthy

Cornell Law Review

No abstract provided.

Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.

Touro Law Review

No abstract provided.

Protective Sweep Incident To A Lawful Arrest: An Analysis Of Its Validity Under The Federal And New York State Constitution, Steven M. Fox

Touro Law Review

No abstract provided.

Setting Standards For The Use Of Dna-Typing Results In The Courtroom - The State Of The Art, George J. Annas

Faculty Scholarship

DNA typing, sometimes called DNA fingerprinting or profiling, has been the focus of heated exchanges in courtrooms, the popular press, and scientific journals. It is a powerful law-enforcement weapon, especially in cases of rape, because it has the potential to exonerate a suspect or to place him at the scene of a crime. On the other hand, it is of no use in rape cases like those in which William Kennedy Smith and Mike Tyson were accused, in which coitus is conceded to have occurred and the only real issue is consent. When should judges permit evidence from DNA typing …

The Admissibility Of Expert Testimony In Brainwashing-Related Cases - Should Witnesses Be Fryed?, Virginia M. Fournier

Santa Clara Law Review

No abstract provided.

Making The Law Of Factual Determinations Matter More, Randolph N. Jonakait

Articles & Chapters

No abstract provided.

"Other Acts” & Character Evidence: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.

"Other Acts” & Character Evidence: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.

Searches And Seizure

Touro Law Review

No abstract provided.

Searches And Seizure

Touro Law Review

No abstract provided.

Trial By Jury

Touro Law Review

No abstract provided.

Searches And Seizure

Touro Law Review

No abstract provided.

Searches And Seizure

Touro Law Review

No abstract provided.

Searches And Seizure

Touro Law Review

No abstract provided.

Progress Is Our Only Product: Legal Reform And The Codification Of Evidence, Michael S. Ariens

Faculty Articles

Twentieth century reform of the American law of evidence was initially premised on the ideals of legal progressivism, ideals splintered by American legal realism. In preparing the American Law Institute's Model Code of Evidence from 1939 to 1942, Harvard Law School professor Edmund M. Morgan attempted to reconstitute the framework of reform in light of the challenge of legal realism. The Model Code was based on granting greater discretion to the trial judge and changing the goals of the trial from a search for truth to a "rational" resolution of disputes.

Morgan’s decision to emphasize the rational resolution of disputes …

The Rationalist Tradition At Trial, James L. Kainen

Fordham Law Review

Analysis of Evidence: How to Do Things With Facts Based On Wigmore's Science of Judicial Proof, By Terrence Anderson and William Twining (with an Appendix on Probablity and Proof by Philip Dawid). Little, Brown and Company, and London: George Weidenfeld and Nicolson, Ltd., 1991. Pp. 457. $22.00. (Teacher's Manual. Pp. 181)

Criminal Procedure Trial: Amend Provisions Relating To Closed Circuit Television Testimony Of Child Victims Of Certain Sexual Offenses, Jill M. Wood

Georgia State University Law Review

The Act provides that a child victim of rape, sodomy, child molestation, cruelty to children, or sexual assault may testify out of court, and such testimony will be broadcast in the courtroom by way of closed circuit television. During testimony, only the judge, attorneys, camera operators, and a representative of the child may be in the room with the child. The Act does not prohibit the presence of both the child and the defendant in the courtroom at the same time for the purpose of identification.

Biased Evidence Rules: A Framework For Judicial Analysis And Reform, Randolph N. Jonakait

Articles & Chapters

No abstract provided.