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Articles 1 - 30 of 47
Full-Text Articles in Law
The Self-Critical Analysis Privilege And Discovery Of Affirmative Action Plans In Title Vii Suits, Michigan Law Review
The Self-Critical Analysis Privilege And Discovery Of Affirmative Action Plans In Title Vii Suits, Michigan Law Review
Michigan Law Review
This Note argues that plaintiffs should have access to affirmative action plans in discovery. Part I describes the "self-critical analysis" or "self-evaluative" privilege that employers have advanced to block discovery of such plans. Part II examines the conflicting interests of society, employers and employees in allowing or denying discovery. Part III evaluates the application of a self-critical analysis privilege in light of these conflicting interests and concludes that the privilege should not be applied to affirmative action plans.
Prosecutor's Duty To Disclose Evidence, Brett A. Kassabian
Prosecutor's Duty To Disclose Evidence, Brett A. Kassabian
North Carolina Central Law Review
No abstract provided.
Insurance Co. Of North America V. Pasakarnis, 451 So. 2d 447 (Fla. 1984), David M. Shapiro
Insurance Co. Of North America V. Pasakarnis, 451 So. 2d 447 (Fla. 1984), David M. Shapiro
Florida State University Law Review
Torts/Evidence-SEAT BELT DEFENSE-WHETHER THEY KNOW IT OR NOT, FLORIDA MOTORISTS MUST "BUCKLE UP" OR RISK LOSS OF FULL RECOVERY
The Psychiatric Expert As Due Process Decisionmaker, Robert S. Berger
The Psychiatric Expert As Due Process Decisionmaker, Robert S. Berger
Buffalo Law Review
No abstract provided.
Witness Intimidation, Michael H. Graham
Witness Intimidation, Michael H. Graham
Florida State University Law Review
No abstract provided.
Recognition, Use Of Force, And The Legal Effect Of United Nations Resolutions Under The Revised Restatement Of The Foreign Relations Law Of The United States, Malvina Halberstam
Recognition, Use Of Force, And The Legal Effect Of United Nations Resolutions Under The Revised Restatement Of The Foreign Relations Law Of The United States, Malvina Halberstam
Articles
No abstract provided.
Balancing Government Efficienty And The Protection Of Individual Liberties: An Analysis Of The Conflit Between Executive Branch "Housekeeping" Regulations And Criminal Defendants' Rights To A Constitutionally Fair Trial, James F. Ponsoldt
Scholarly Works
This Article addresses the issue of whether an accused person should be entitled to obtain and use at trial relevant government information or the testimony of government employees to prove his innocence, regardless of whether he has revealed in advance to his adversary his intended use of that information or the specific content of that testimony. Part I describes the federal "housekeeping" statute and the Justice Department's housekeeping regulations, which require that subpoenaed government employees not disclose evidence unless the person seeking that evidence has first summarized the requested evidence in advance, explained its intended use, and obtained permission from …
Cross-Racial Identification Errors In Criminal Cases, Sheri Johnson
Cross-Racial Identification Errors In Criminal Cases, Sheri Johnson
Cornell Law Faculty Publications
No abstract provided.
Judge Versus Jury: Who Should Decide Questions Of Preliminary Facts Conditioning The Admissibility Of Scientific Evidence?, Edward J. Imwinkelried
Judge Versus Jury: Who Should Decide Questions Of Preliminary Facts Conditioning The Admissibility Of Scientific Evidence?, Edward J. Imwinkelried
William & Mary Law Review
No abstract provided.
Capabilities Of Modern Forensic Laboratories, Irving C. Stone
Capabilities Of Modern Forensic Laboratories, Irving C. Stone
William & Mary Law Review
No abstract provided.
Seeing Can Be Deceiving: Photographic Evidence In A Visual Age - How Much Weight Does It Deserve?, Benjamin V. Madison Iii
Seeing Can Be Deceiving: Photographic Evidence In A Visual Age - How Much Weight Does It Deserve?, Benjamin V. Madison Iii
William & Mary Law Review
No abstract provided.
Scientific Evidence - An Introduction, Fredric I. Lederer
Scientific Evidence - An Introduction, Fredric I. Lederer
William & Mary Law Review
No abstract provided.
Jurisprudence Or "Juriscience"?, Howard T. Markey
Jurisprudence Or "Juriscience"?, Howard T. Markey
William & Mary Law Review
No abstract provided.
Applying Lawyers' Expertise To Scientific Experts: Some Thoughts About Trial Court Analysis Of The Prejudicial Effects Of Admitting And Excluding Expert Scientific Testimony, James M. Doyle
William & Mary Law Review
No abstract provided.
Scientific Evidence And The Question Of Judicial Capacity, John W. Wesley
Scientific Evidence And The Question Of Judicial Capacity, John W. Wesley
William & Mary Law Review
No abstract provided.
A Second Look At The North Carolina Fair Sentencing Act, Richard J. Anderson
A Second Look At The North Carolina Fair Sentencing Act, Richard J. Anderson
North Carolina Central Law Review
No abstract provided.
The Battering Parent Syndrome: Inexpert Testimony As Character Evidence, Thomas N. Bulleit Jr.
The Battering Parent Syndrome: Inexpert Testimony As Character Evidence, Thomas N. Bulleit Jr.
University of Michigan Journal of Law Reform
This Note proposes that courts refuse to give further consideration to admitting the battering parent syndrome as evidence in both civil and criminal proceedings arising out of child abuse. Part I of the Note describes the syndrome as it appears in the psychological literature. Part II suggests that current judicial attitudes favor the future admissibility of the syndrome, conditioned only on an improved showing of scientific accuracy. Part III demonstrates that regardless of scientific accuracy, the character evidence rule forbids courts from admitting the battering parent syndrome. Part IV argues that the important policies underlying the character evidence rule override …
The Use Of Suppression Hearing Testimony To Impeach, Morgan G. Graham
The Use Of Suppression Hearing Testimony To Impeach, Morgan G. Graham
Indiana Law Journal
No abstract provided.
Hypnotically Refreshed Testimony: In Support Of The Emerging Majority And People V. Hughes, Paul G. Harnisch
Hypnotically Refreshed Testimony: In Support Of The Emerging Majority And People V. Hughes, Paul G. Harnisch
Buffalo Law Review
No abstract provided.
Introduction: Trends And Developments With Respect To That Amendment 'Central To Enjoyment Of Other Guarantees Of The Bill Of Rights', Yale Kamisar
Articles
Seventy years ago, in the famous Weeks case,' the Supreme Court evoked a storm of controversy by promulgating the federal exclusionary rule. When, a half-century later, in the landmark Mapp case,2 the Court extended the Weeks rule to state criminal proceedings, at least one experienced observer assumed that the controversy "today finds its end." 3 But as we all know now, Mapp only intensified the controversy. Indeed, in recent years spirited debates over proposals to modify the exclusionary rule or to scrap it entirely have filled the air - and the law reviews.'
Fairness Vs. Trustworthiness: The Predecessor In Interest Controversy Of Rule 804(B)(L), Allen D. Haynie
Fairness Vs. Trustworthiness: The Predecessor In Interest Controversy Of Rule 804(B)(L), Allen D. Haynie
BYU Law Review
No abstract provided.
Evidentiary Problems In--And Solutions For--The Uniform Commercial Code, Ronald J. Allen, Robert A. Hillman
Evidentiary Problems In--And Solutions For--The Uniform Commercial Code, Ronald J. Allen, Robert A. Hillman
Cornell Law Faculty Publications
The Uniform Commercial Code does not offer a systematic approach to the rules governing the evidentiary relationships of parties to commercial litigation. In this article, Professors Allen and Hillman present a general analytical approach to proof rules, highlight the shortcomings of the Code's evidentiary provisions, and discuss the inevitable confusion in the case law construing the Code. They propose an amendment to the Code designed to clarify and improve the Code approach.
Jackson V. Virginia: Reopening The Pandora's Box Of The Legal Sufficiency Of Drug Identification Evidence, Edward J. Imwinkelried
Jackson V. Virginia: Reopening The Pandora's Box Of The Legal Sufficiency Of Drug Identification Evidence, Edward J. Imwinkelried
Kentucky Law Journal
No abstract provided.
Kentucky Law Survey: Evidence, Newton B. Fowler Iii
Kentucky Law Survey: Evidence, Newton B. Fowler Iii
Kentucky Law Journal
No abstract provided.
Discovery In Kentucky: An Overview, Richard H. Underwood
Discovery In Kentucky: An Overview, Richard H. Underwood
Kentucky Law Journal
No abstract provided.
Clear Standards For Discovery Protective Orders: A Missed Opportunity In Rhinehart V. Seattle Times Co., Carole J. Breitenbach
Clear Standards For Discovery Protective Orders: A Missed Opportunity In Rhinehart V. Seattle Times Co., Carole J. Breitenbach
Seattle University Law Review
The Washington State Supreme Court has previously balanced the interests of privacy and effective judicial administration against those of free speech and public access in the context of judicial proceedings, and the court missed a significant opportunity to expand and apply this balancing test in Rhinehart. The United States Supreme Court similarly declined to create a balancing test to ensure the full protection of First Amendment interests during pretrial discovery. A need remains for a general standard to ensure that First Amendment interests in disseminating discovery information are identified and protected when a protective order is requested.
Evidence - Polygraph Test Results No Longer Admissible In North Carolina - State V. Grier, William T. Sharpe
Evidence - Polygraph Test Results No Longer Admissible In North Carolina - State V. Grier, William T. Sharpe
Campbell Law Review
The North Carolina Supreme Court expressly overruled State v. Steele and State v. Milano by its decision in State v. Grier. The Court held that polygraph results are no longer admissible as evidence in civil or criminal trials in North Carolina notwithstanding a prior stipulation by the parties. This note will examine the Court's rationale and the implications of its decision.
Admitting Computer Generated Records: A Presumption Of Reliability, 18 J. Marshall L. Rev. 115 (1984), Peter M. Storm
Admitting Computer Generated Records: A Presumption Of Reliability, 18 J. Marshall L. Rev. 115 (1984), Peter M. Storm
UIC Law Review
No abstract provided.
Admissibility Of Prior-Action Depositions And Formertestimony Under Fed. R. Civ. P. 32(A)(4) Andfed. R. Evid. 804(B)(1): Courts Differinginterpretations, J. Randall Coffey
Admissibility Of Prior-Action Depositions And Formertestimony Under Fed. R. Civ. P. 32(A)(4) Andfed. R. Evid. 804(B)(1): Courts Differinginterpretations, J. Randall Coffey
Washington and Lee Law Review
No abstract provided.