Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Evidence (11)
- Criminal Procedure (6)
- Litigation (5)
- Torts (4)
- Constitutional Law (3)
-
- Legal History (3)
- Civil Procedure (2)
- Courts (2)
- Criminal Law (2)
- Insurance Law (2)
- Labor and Employment Law (2)
- Legal Education (2)
- Legal Writing and Research (2)
- Supreme Court of the United States (2)
- Contracts (1)
- Dispute Resolution and Arbitration (1)
- Environmental Law (1)
- Family Law (1)
- Judges (1)
- Legal Profession (1)
- Legal Remedies (1)
- Legislation (1)
- Other Law (1)
- Science and Technology Law (1)
- State and Local Government Law (1)
- Institution
-
- Case Western Reserve University School of Law (4)
- University of Baltimore Law (4)
- Fordham Law School (2)
- Georgia State University College of Law (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
-
- University of Michigan Law School (2)
- Duke Law (1)
- Florida International University College of Law (1)
- Maurer School of Law: Indiana University (1)
- Schulich School of Law, Dalhousie University (1)
- Selected Works (1)
- St. Mary's University (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Kentucky (1)
- University of Maine School of Law (1)
- University of Missouri School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Richmond (1)
- Vanderbilt University Law School (1)
- Villanova University Charles Widger School of Law (1)
- Publication
-
- All Faculty Scholarship (4)
- Faculty Publications (4)
- Articles (2)
- Case Western Reserve Law Review (2)
- Faculty Scholarship (2)
-
- Georgia State University Law Review (2)
- Touro Law Review (2)
- Alex Stein (1)
- Duke Law Journal (1)
- Faculty Articles (1)
- Fordham Law Review (1)
- Indiana Law Journal (1)
- Innis Christie Collection (1)
- Law Faculty Publications (1)
- Law Faculty Scholarly Articles (1)
- Missouri Law Review (1)
- Scholarly Works (1)
- Vanderbilt Journal of Transnational Law (1)
- Villanova Environmental Law Journal (1)
- Publication Type
Articles 1 - 30 of 30
Full-Text Articles in Law
Teaching First-Year Civil Procedure And Other Introductory Courses By The Problem Method, Stephen J. Shapiro
Teaching First-Year Civil Procedure And Other Introductory Courses By The Problem Method, Stephen J. Shapiro
All Faculty Scholarship
I have been teaching the first-year course in Civil Procedure for twenty years, first for five years at Ohio Northern University, and for the last fifteen years at the University of Baltimore, where I also teach a required second-year course in Evidence. When I first started teaching Civil Procedure, I used a fairly typical case method. I was never very happy with this approach for teaching a course in which one of my major goals was getting the students to learn to read, interpret and apply the Federal Rules of Civil Procedure (“Federal Rules”). Gradually, I began to develop sets …
Now You See It, Now You Don't; A Georgia Perspective On Spoliation Of Evidence, Brooks Morel
Now You See It, Now You Don't; A Georgia Perspective On Spoliation Of Evidence, Brooks Morel
Georgia State University Law Review
No abstract provided.
Has Wright Line Gone Wrong? Why Pretext Can Be Sufficient To Prove Discrimination Under The National Labor Relations Act,, Michael Hayes
Has Wright Line Gone Wrong? Why Pretext Can Be Sufficient To Prove Discrimination Under The National Labor Relations Act,, Michael Hayes
All Faculty Scholarship
Every year in the United States, thousands of employees are illegally fired for joining or supporting unions. These employees must bring their claims to the National Labor Relations Board (the “Board”), which applies its famous Wright Line standard to decide thousands of discrimination cases each year.
Probably the most common issue in labor discrimination cases is “pretext.” In virtually every case, an employer claims that it fired an employee not for an illegal anti-union motive, but for a legitimate business reason. The pretext issue arises when the evidence shows that the legitimate reason asserted by the employer was most likely …
Re Abt Building Products Canada Ltd And Cep, Loc 434 (Shatford), Innis Christie
Re Abt Building Products Canada Ltd And Cep, Loc 434 (Shatford), Innis Christie
Innis Christie Collection
Employee grievance alleging breach of the Collective Agreement between the parties effective March 9, 1998 — December 15, 2002 in that the Employer breached Article 3 and Appendix "C" of the Collective Agreement by suspending the Grievor for five days without sufficient cause and breached the Collective Agreement by defaming the Grievor. The Grievor seeks reimbursement for the five days of wages and consequent benefits lost, and damages and a written apology for defamation.
Having It All: Pleading Guilty Without Forfeiting The Right To Appeal, Gerald S. Reamey
Having It All: Pleading Guilty Without Forfeiting The Right To Appeal, Gerald S. Reamey
Faculty Articles
Pleading guilty and moving for an appeal of a pretrial suppression ruling has not been viewed as an efficient allocation of judicial resources. However, it is terribly inefficient to force the State to trial solely to preserve appeal rights on a pretrial objection. Attempts by courts and the legislature to balance these competing interests have produced a confusing and dangerous mix of contradictory rules.
Texas Rule of Appellate Procedure (TRAP) 25.2 is the latest iteration of such rules. Appeals may be taken following a negotiated guilty plea or nolo contendere plea, if “the substance of the appeal was raised by …
Evidentiary Considerations In Civil Cases, Lynn Mclain
Evidentiary Considerations In Civil Cases, Lynn Mclain
All Faculty Scholarship
Handout from a presentation at the Maryland Judicial Institute outlining character evidence and providing the text of the applicable Rules.
The New "Necessity Exception" To The Hearsay Rule In Georgia: A New Rule Of Inclusion?, Paul Vignos
The New "Necessity Exception" To The Hearsay Rule In Georgia: A New Rule Of Inclusion?, Paul Vignos
Georgia State University Law Review
No abstract provided.
The Problem Of Using Hearsay In Domestic Violence Cases: Is A New Exception The Answer?, Neal A. Hudders
The Problem Of Using Hearsay In Domestic Violence Cases: Is A New Exception The Answer?, Neal A. Hudders
Duke Law Journal
No abstract provided.
Fishing For The Smoking Gun, Y. Daphne Coelho-Adam
Fishing For The Smoking Gun, Y. Daphne Coelho-Adam
Vanderbilt Journal of Transnational Law
Industry-wide tort litigation, such as tobacco and gun litigation, poses a new problem for extraterritorial discovery. These suits allege conspiracies on the part of the tobacco and gun industries to conceal the dangers of their products from the public. Much of the evidence needed to prove the industries' knowledge is in their possession. These industries are international with companies located in the United Kingdom. Under U.S. discovery law the evidence is discoverable, but such is not the case under British discovery law. Therefore, the evidence and witnesses located in the United Kingdom are outside the grasp of U.S. plaintiffs. The …
Balancing Hearsay And Criminal Discovery, John G. Douglass
Balancing Hearsay And Criminal Discovery, John G. Douglass
Law Faculty Publications
and prosecutors. Part I of this Article argues that the conventional theory of hearsaydiscovery balance does not reflect the reality of modem federal practice. An imbalance has arisen because, in the last quarter century, developments in the law of evidence and confrontation are at odds with developments-or one might say nondevelopments-in the law of criminal discovery. Since enactment of the Federal Rules of Evidence in 1975, both the law of evidence and modem Confrontation Clause doctrine have evolved toward broader admission of hearsay in criminal cases. Contrary to conventional theory, that evolution has at least matched-and probably has outpaced-the trend …
Insurance-Weight Of Evidence-Construction Of Policy-Proximate Cause
Insurance-Weight Of Evidence-Construction Of Policy-Proximate Cause
Indiana Law Journal
No abstract provided.
Expert Qualifications: Traps For The Unwary, Paul C. Giannelli
Expert Qualifications: Traps For The Unwary, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Riddle Of Harmless Error In Michigan, Elizabeth Price Foley, Robert M. Filiatrault
The Riddle Of Harmless Error In Michigan, Elizabeth Price Foley, Robert M. Filiatrault
Faculty Publications
Examines the harmless error rule as interpreted by Michigan case law.
Polygraph Evidence: Where Are We Now, Michael J. Ligons
Polygraph Evidence: Where Are We Now, Michael J. Ligons
Missouri Law Review
Polygraph evidence has been the pariah of the courtroom since the adoption of the "general acceptance" test for the admission of scientific evidence in Frye v. United States.' While the Frye court's decision to exclude lie detector evidence was correctly based upon the state of polygraph technology at that time, many courts have subsequently failed to recognize the many advances in polygraphy and have excluded test results without further consideration.2 Indeed, polygraph evidence seems to be considered by courts, in practice if not in actual theory, to be sui generis. Recent trends toward the recognition of polygraph evidence as having …
Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz
Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz
Touro Law Review
No abstract provided.
Vehicle Searches – The Automobile Exception: The Constitutional Ride From Carroll V. United States To Wyoming V. Houghton, Martin L. O'Connor
Vehicle Searches – The Automobile Exception: The Constitutional Ride From Carroll V. United States To Wyoming V. Houghton, Martin L. O'Connor
Touro Law Review
No abstract provided.
Reply Essay: How Good Is Good Enough: Expert Evidence Under DauberT And Kumho, David L. Faigman, David H. Kaye, Michael J. Saks, Joseph Sanders
Reply Essay: How Good Is Good Enough: Expert Evidence Under DauberT And Kumho, David L. Faigman, David H. Kaye, Michael J. Saks, Joseph Sanders
Case Western Reserve Law Review
No abstract provided.
Reply Essay: A Final Comment--The Importance Of The Procedural Framework, Edward J. Imwinkelried
Reply Essay: A Final Comment--The Importance Of The Procedural Framework, Edward J. Imwinkelried
Case Western Reserve Law Review
No abstract provided.
Prosecutor's Duty To Disclose Exculpatory Evidence, Lisa M. Kurcias
Prosecutor's Duty To Disclose Exculpatory Evidence, Lisa M. Kurcias
Fordham Law Review
No abstract provided.
When Science Is Too Daunting: Multiple Chemical Sensitivity, Federal Courts, And The Struggling Spirit Of Daubert, Carl H. Johnson
When Science Is Too Daunting: Multiple Chemical Sensitivity, Federal Courts, And The Struggling Spirit Of Daubert, Carl H. Johnson
Villanova Environmental Law Journal
No abstract provided.
The Culpability, Or Mens Rea, "Defense" In Arkansas, J. Thomas Sullivan
The Culpability, Or Mens Rea, "Defense" In Arkansas, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance Law in the years 1999 and 2000.
Fashionable Genetic Explanations In The Courtroom: Litigating Personal Injuries Based On Genetic Risk, Jennifer Wriggins
Fashionable Genetic Explanations In The Courtroom: Litigating Personal Injuries Based On Genetic Risk, Jennifer Wriggins
Faculty Publications
New developments in molecular genetics hold much promise for society. Gene therapy research is underway with the aim of helping to fight, and perhaps even eliminate some diseases. DNA data can be used as evidence to help free innocent people and put guilty ones in jail. Agricultural biotechnology can make crops and pesticides more productive. And cloning may offer exciting potential. There is little doubt that further· developments in the areas of genetics and biotechnology will change our lives in unanticipated ways.
Despite the potential benefits to society, there exist valid and serious I concerns about the potential for misuse …
Keeping The Reformist Spirit Alive In Evidence Law Tribute, Stephen A. Saltzburg, Edward J. Imwinkelried
Keeping The Reformist Spirit Alive In Evidence Law Tribute, Stephen A. Saltzburg, Edward J. Imwinkelried
Faculty Scholarship
No abstract provided.
New Developments In Scientific Evidence, Paul C. Giannelli
New Developments In Scientific Evidence, Paul C. Giannelli
Faculty Publications
No abstract provided.
Joe Grano: The 'Kid From South Philly' Who Educated Us All (In Tribute To Joseph D. Grano), Yale Kamisar
Joe Grano: The 'Kid From South Philly' Who Educated Us All (In Tribute To Joseph D. Grano), Yale Kamisar
Articles
No serious student of police interrogation and confessions can write on the subject without building on Professor Joseph D. Grano's work or explaining why he or she disagrees with him (and doing so with considerable care). Nor is that all.
"Can (Did) Congress 'Overrule' Miranda?, Yale Kamisar
"Can (Did) Congress 'Overrule' Miranda?, Yale Kamisar
Articles
I think the great majority of judges, lawyers, and law professors would have concurred in Judge Friendly's remarks when he made them thirty-three years ago. To put it another way, I believe few would have had much confidence in the constitutionality of an anti-Miranda provision, usually known as § 3501 because of its designation under Title 18 of the United States Code, a provision of Title II of the Omnibus Crime Control and Safe Streets Act of 1968 (hereinafter referred to as the Crime Act or the Crime Bill), when that legislation was signed by the president on June 19, …
Evidence Issues In Domestic Violence Civil Cases, Jane C. Murphy, Jane H. Aiken
Evidence Issues In Domestic Violence Civil Cases, Jane C. Murphy, Jane H. Aiken
All Faculty Scholarship
New laws and policies aimed at protecting victims of domestic violence have been adopted across the country over the last twenty years.The legal approaches taken to protect battered women and control family violence have resulted in significant changes in family law. New laws include statutes permitting civil protection or restraining orders, and laws requiring that domestic violence be considered in custody and/or visitation decisions. Both of these types of statutory reforms can provide protection to adult victims of domestic violence and their children. Evaluating a parent's fitness by considering past acts of violence to other family members results in decisions …
Modifying The Kentucky Rules Of Evidence—A Separation Of Powers Issue, Robert G. Lawson
Modifying The Kentucky Rules Of Evidence—A Separation Of Powers Issue, Robert G. Lawson
Law Faculty Scholarly Articles
How do you modify laws that simultaneously exist as statutes and rules of court? For reasons that are described elsewhere and need not be repeated here, the Kentucky Rules of Evidence (K.R.E.) came into existence through concurrent enactment by the General Assembly and Kentucky Supreme Court and thus are endowed with all the attributes of both statutes and rules of court. So, how do you change them when the inevitable need to do so arises, a question made both interesting and difficult by the fact that there is no institutional mechanism for concurrent lawmaking by the General Assembly and supreme …
The Right To Silence Helps The Innocent: A Game-Theoretic Analysis Of The Fifth Amendment Privilege, Alex Stein, Daniel Seidmann
The Right To Silence Helps The Innocent: A Game-Theoretic Analysis Of The Fifth Amendment Privilege, Alex Stein, Daniel Seidmann
Alex Stein
This Article develops a consequentialist game-theoretic perspective for understanding the right to silence. By applying this perspective, the Article reveals that the conventional perception of the right to silence, as impeding the search for truth and thus helping criminals alone, is mistaken. The Article demonstrates that the right to silence can help triers of fact to distinguish between factually innocent and guilty suspects and defendants. This is achieved by an important feature of the right to silence which this Article brings to the fore: a criminal's self-interested response to questioning can impose externalities (in the form of wrongful conviction) on …