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Full-Text Articles in Law

Privacy Takes A Back Seat: Putting The Automobile Exception Back On Track After Several Wrong Turns, Carol A. Chase Dec 2000

Privacy Takes A Back Seat: Putting The Automobile Exception Back On Track After Several Wrong Turns, Carol A. Chase

Boston College Law Review

The automobile exception to the search warrant requirement originated in 1924, when obtaining a search warrant was a lengthy and involved process. Today, federally and in a growing number of states, search warrants can be obtained by telephone or facsimile in a matter of minutes. Yet the automobile exception, originally based upon the exigency presented by the mobility of the automobile, remains intact and was recently extended to permit the warrantless search of property belonging to passengers in automobiles. This article critically examines the development of the automobile exception and calls for a reform of that exception in light of ...


Judges, Juries, And Patent Cases - An Emprical Peek Inside The Black Box, Kimberly A. Moore Nov 2000

Judges, Juries, And Patent Cases - An Emprical Peek Inside The Black Box, Kimberly A. Moore

Michigan Law Review

The frequency with which juries participate in patent litigation has skyrocketed recently. At the same time, there is a popular perception that the increasing complexity of technology being patented (especially in the electronic, computer software, biological and chemical fields) has made patent trials extremely difficult for lay juries to understand. These developments have sparked extensive scholarly debate and increasing skepticism regarding the role of juries in patent cases. Juries have participated in some aspects of patent litigation since the enactment of the first patent statute in 1790, which provided for "such damages as shall be assessed by a jury." The ...


Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric Easton Oct 2000

Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric Easton

All Faculty Scholarship

This essay is a personal inquiry into the nature of media technology, law, and ethics in an era marked by the convergence of media that have been largely separate-print, broadcast, cable, satellite, and the Internet-and by the consolidation of ownership in all of these media. What inventions, practices, and norms must emerge to enable us to take advantage of this vast new information-based world, while preserving such important professional values as diversity, objectivity, reliability, and independence?

The right to know belongs not only to individuals, but to the public at large, it can (or, perhaps, must) be vindicated by government ...


Technology And Client Community Access To Legal Services - Suggestive Scenarios On Community Legal Education, Intake And Referral And Pro Se, Michael Genz Sep 2000

Technology And Client Community Access To Legal Services - Suggestive Scenarios On Community Legal Education, Intake And Referral And Pro Se, Michael Genz

University of the District of Columbia Law Review

The papers prepared for the Conference provide a broad perspective on emerging technologies and the potential they offer Legal Services. This paper, building on those perspectives, first offers a real world scenario showing how these technologies might be deployed to maximize client and community access to Legal Services resources. For each scenario, the paper then lays out what needs to be in place - technologically, managerially and institutionally, for the scenario to be made real.


Technology Assisted Advocacy, Julia R. Gordon Sep 2000

Technology Assisted Advocacy, Julia R. Gordon

University of the District of Columbia Law Review

This paper creates a technology assisted advocacy scenario. It follows the events in the client access scenario paper by Mike Genz, taking the client Maria into a case requiring the full services of an advocate. Each step in the scenario is followed by a discussion that explores some of the work that would need to be done to make this scenario a reality.


The Technologically Enabled Legal Services Delivery System From The Perspective Of Senior Management, John A. Tull Sep 2000

The Technologically Enabled Legal Services Delivery System From The Perspective Of Senior Management, John A. Tull

University of the District of Columbia Law Review

No abstract provided.


Amicus Brief: Kumho Tire V. Carmichael, Neil Vidmar, Richard O. Lempert, Shari Seidman Diamond, Valerie P. Hans, Stephan Landsman, Robert Maccoun, Joseph Sanders, Harmon M. Hosch, Saul Kassin, Marc Galanter, Theodore Eisenberg, Stephen Daniels, Edith Greene, Joanne Martin, Steven Penrod, James Richardson, Larry Heuer, Irwin Horowitz Aug 2000

Amicus Brief: Kumho Tire V. Carmichael, Neil Vidmar, Richard O. Lempert, Shari Seidman Diamond, Valerie P. Hans, Stephan Landsman, Robert Maccoun, Joseph Sanders, Harmon M. Hosch, Saul Kassin, Marc Galanter, Theodore Eisenberg, Stephen Daniels, Edith Greene, Joanne Martin, Steven Penrod, James Richardson, Larry Heuer, Irwin Horowitz

Cornell Law Faculty Publications

This brief addresses the issue of jury performance and jury responses to expert testimony. It reviews and summaries a substantial body of research evidence about jury behavior that has been produced over the past quarter century. The great weight of that evidence challenges the view that jurors abdicate their responsibilities as fact finders when faced with expert evidence or that they are pro-plaintiff, anti-defendant, and anti-business.

The Petitioners and amici on behalf of petitioners make a number of overlapping, but empirically unsupported, assertions about jury behavior in response to expert testimony, namely that juries are frequently incapable of critically evaluation ...


Collegiality And Technology, Michael R. Murphy Jul 2000

Collegiality And Technology, Michael R. Murphy

The Journal of Appellate Practice and Process

Collegiality is the relationship between colleagues. While technology may ease communication between colleagues, it may not increase collegiality. To technological advances that appellate courts are adapting are teleconferencing and electronic mail. This essay takes a critical look at both with regards to their effect on collegiality.


New Technologies And Appellate Practice, Philip A. Talmadge Jul 2000

New Technologies And Appellate Practice, Philip A. Talmadge

The Journal of Appellate Practice and Process

Technology can help enhance appellate practices. In particular, technology can improve appellate courts’: (1) electronic filing and argument of appellate cases; (2) digital maintenance of the record; (3) briefs; (4) dissemination of opinions; and (5) record storage.


Thawing Out The Cold Record: Some Thoughts On How Videotaped Records May Affect Traditional Standards Of Deference On Direct And Collateral Review, Robert C. Owen, Melissa Mather Jul 2000

Thawing Out The Cold Record: Some Thoughts On How Videotaped Records May Affect Traditional Standards Of Deference On Direct And Collateral Review, Robert C. Owen, Melissa Mather

The Journal of Appellate Practice and Process

Appellate courts are unable to “smell the smoke of battle” from a trial. For this reason, a trial court’s decision is owed deference when examining an appeal. Video technology makes this reason for deference less relevant.


The 1% Solution: American Judges Must Enter The Internet Age, Henry H. Perritt, Ronald W. Staudt Jul 2000

The 1% Solution: American Judges Must Enter The Internet Age, Henry H. Perritt, Ronald W. Staudt

The Journal of Appellate Practice and Process

The internet has made it easier and affordable to share information than ever before. Many legal institutions have taken advantage of this innovation by using the internet to disseminate decisions and other legal texts or for rulemaking. Most legal institutions, however, only use the internet for approximately 1% of adjudication.


Cd-Rom Briefs: Are We There Yet?, Marilyn Devin Jul 2000

Cd-Rom Briefs: Are We There Yet?, Marilyn Devin

The Journal of Appellate Practice and Process

Three years after the first CD-ROM brief was accepted, there is debate on acceptance as a regular practice. Issues include what the legal profession and the courts have done about adopting CD-ROM briefs, what obstacles are being encountered, and how those obstacles are being dealt with. Both views are examined along with the circumstances in which a CD-ROM brief is likely to be accepted favorably by a court.


Minnesota Court Of Appeals Hears Oral Argument Via Interactive Teleconferencing Technology, Edward Toussaint Jul 2000

Minnesota Court Of Appeals Hears Oral Argument Via Interactive Teleconferencing Technology, Edward Toussaint

The Journal of Appellate Practice and Process

In an effort to provide affordable access to the appellate process, the Minnesota Court of Appeals has adopted Interactive Video Teleconferencing. The Chief Judge of the Minnesota Court of Appeals discusses the history behind the decision, implementation, and the benefits along with the challenges of implementing Interactive Video Teleconferencing.


Redefining Rehearing: Previewing Appellate Decisions Online, J. Thomas Sullivan Jul 2000

Redefining Rehearing: Previewing Appellate Decisions Online, J. Thomas Sullivan

The Journal of Appellate Practice and Process

Issuing preliminary opinions for public comment is similar to rehearings. The difference is that parties outside of the litigation are able to add commentary. Judges would then reevaluate the preliminary opinion, consider the submitted comments, and then issue a final opinion. Online access to judicial decisions could make this practice more efficient and effective than rehearings.


Activities Of The Eagle River Assembly, Douglas Kemper Jun 2000

Activities Of The Eagle River Assembly, Douglas Kemper

Water and Growth in the West (Summer Conference, June 7-9)

14 pages (includes illustrations).


Protecting Instream Flows In Prior Appropriation States: Legal And Policy Issues, Janet C. Neuman Jun 2000

Protecting Instream Flows In Prior Appropriation States: Legal And Policy Issues, Janet C. Neuman

Water and Growth in the West (Summer Conference, June 7-9)

17 pages.


Agenda: Water And Growth In The West, University Of Colorado Boulder. Natural Resources Law Center, The William And Flora Hewlett Foundation Jun 2000

Agenda: Water And Growth In The West, University Of Colorado Boulder. Natural Resources Law Center, The William And Flora Hewlett Foundation

Water and Growth in the West (Summer Conference, June 7-9)

1 v. (various pagings) : ill., maps ; 29 cm. + 1 CD-ROM (4 3/4 in.) + supplement (207 p. ; 29 x 24 cm.)

"Conference co-sponsor The William and Flora Hewlett Foundation."

Conference moderators included University of Colorado School of Law professors Gary C. Bryner, James N. Corbridge, Jr., David H. Getches, Douglas S. Kenney, Kathryn M. Mutz, Peter D. Nichols and Charles F. Wilkinson.

Accompanied by: CD-ROM (4 3/4 in.) and supplement (xiv, 140, [49] p.)

Includes bibliographical references

The event will cover a breadth of issues, including demographics and water-use trends, improved planning and efficient use, implementation of TMDL and ...


Pursuing Transparency Through Science Courts, Thomas G. Field Jr. Jun 2000

Pursuing Transparency Through Science Courts, Thomas G. Field Jr.

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

[Excerpt] "The frequency and magnitude of risks and benefits are facts. The acceptability of risks associated with particular benefits is not. In the best of all worlds, normative choices based on facts would be made directly by persons at risk. We do not have the best of all worlds. As we move from consumer to occupational and environmental risks, political transparency increasingly must substitute for individual autonomy. When we cannot each have our way, we should be able to decide which facts are important, to have access to such facts and to be able to influence decisions based on them."


Defining Reliable Forensic Economics In The Post-Daubert/Kumho Tire Era: Case Studies From Antitrust, Andrew I. Gavil Jun 2000

Defining Reliable Forensic Economics In The Post-Daubert/Kumho Tire Era: Case Studies From Antitrust, Andrew I. Gavil

Washington and Lee Law Review

No abstract provided.


Violence Risk Assessment: Scientific Validity And Evidentiary Admissibility, John Monahan Jun 2000

Violence Risk Assessment: Scientific Validity And Evidentiary Admissibility, John Monahan

Washington and Lee Law Review

No abstract provided.


Before It's Too Late: Neuropsychological Consequences Of Child Neglect And Their Implications For Law And Social Policy, Janet Weinstein, Ricardo Weinstein Jun 2000

Before It's Too Late: Neuropsychological Consequences Of Child Neglect And Their Implications For Law And Social Policy, Janet Weinstein, Ricardo Weinstein

University of Michigan Journal of Law Reform

Recent developments in the neurosciences have led to dramatic breakthroughs in the area of brain development and the understanding of consequences of neglect. Because this process was heretofore not understood, legislators have been wary of drafting child protection statutes that afforded the possibility for arbitrary interference with families. Strict statutory standards have been adopted that allow coercive intervention only in cases where the child is at substantial risk of imminent physical harm, or after some of the most severe consequences of neglect have been identified. These laws do not consider developmental harm because it does not present an imminent danger ...


Defining The."Task At Hand": Non-Science Forensic Science After Kumho Tire Co. V. Carmichael, D. Michael Risinger Jun 2000

Defining The."Task At Hand": Non-Science Forensic Science After Kumho Tire Co. V. Carmichael, D. Michael Risinger

Washington and Lee Law Review

No abstract provided.


Doubts About Daubert: Psychiatric Anecdata As A Case Study, Christopher Slobogin Jun 2000

Doubts About Daubert: Psychiatric Anecdata As A Case Study, Christopher Slobogin

Washington and Lee Law Review

No abstract provided.


Taking A Bite Out Of Circumvention: Analyzing 17 U.S.C. 1201 As A Criminal Law, Jason M. Schulz Jun 2000

Taking A Bite Out Of Circumvention: Analyzing 17 U.S.C. 1201 As A Criminal Law, Jason M. Schulz

Michigan Telecommunications & Technology Law Review

...information content providers who depend heavily on copyright law are growing increasingly wary of advances in digital technology that allow manipulation of their content and potentially diminish the effectiveness of their copyright protection. Technology firms, on the other hand, are looking more and more at developing products which provide low-cost, high quality access to content without restriction. Thus, as technologists work feverishly to find new ways to free up information, content providers are fighting just as hard to constrain access in order to prevent market-killing duplication and distribution of their works. These two codependent yet clashing interest groups recently met ...


The Law's Scientific Revolution: Reflections And Ruminations On The Law's Use Of Experts In Year Seven Of The Revolution, David L. Faigman Jun 2000

The Law's Scientific Revolution: Reflections And Ruminations On The Law's Use Of Experts In Year Seven Of The Revolution, David L. Faigman

Washington and Lee Law Review

No abstract provided.


The Implications Of Daubert For Economic Evidence In Antitrust Cases, Roger D. Blair, Jill Boylston Herndon Jun 2000

The Implications Of Daubert For Economic Evidence In Antitrust Cases, Roger D. Blair, Jill Boylston Herndon

Washington and Lee Law Review

No abstract provided.


Junk Philosophy Of Science?: The Paradox Of Expertise And Interdisciplinarity In Federal Courts, David S. Caudill, Richard E. Redding Jun 2000

Junk Philosophy Of Science?: The Paradox Of Expertise And Interdisciplinarity In Federal Courts, David S. Caudill, Richard E. Redding

Washington and Lee Law Review

No abstract provided.


Banishing Ipse Dixit: The Impact Of Kumho Tire On Forensic Identification Science, Michael J. Saks Jun 2000

Banishing Ipse Dixit: The Impact Of Kumho Tire On Forensic Identification Science, Michael J. Saks

Washington and Lee Law Review

No abstract provided.


Democracy, Science, And Free Trade: Risk Regulation On Trial At The World Trade Organization, Robert Howse Jun 2000

Democracy, Science, And Free Trade: Risk Regulation On Trial At The World Trade Organization, Robert Howse

Michigan Law Review

Among the most common critiques of globalization is that it increasingly constrains the ability of democratic communities to make unfettered choices about policies that affect the fundamental welfare of their citizens, including those of health and safety, the environment, and consumer protection. Traditionally, free trade rules were about constraining border measures such as tariffs and quantitative restrictions on imports. Increasingly, however, such rules include requirements and constraints addressed directly to domestic regulation. For example, a country's policies with respect to intellectual property rights or its regulatory approach to network industries, such as telecommunications, may now be fundamentally shaped by ...


La Transición A La Economía Digital, Horacio M. Lynch, Mauricio Devoto May 2000

La Transición A La Economía Digital, Horacio M. Lynch, Mauricio Devoto

Horacio M. LYNCH

En el curso de una investigación, tropezamos con un reciente estudio de Nueva Zelanda denominado La economía del conocimiento , con un capítulo inicial cuyo título, por razones obvias, nos llamó la atención: "Venciendo la enfermedad argentina".