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2012

Evidence

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Institution
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Articles 1 - 30 of 101

Full-Text Articles in Law

The (In)Admissibility Of False Confession Expert Testimony, David A. Perez Dec 2012

The (In)Admissibility Of False Confession Expert Testimony, David A. Perez

Touro Law Review

This Comment discusses the relationship between police interrogation tactics and false confessions in order to address the admissibility of false confession expert testimony, a question that has traditionally been left to the discretion of the trial judge. The current literature-indeed, the prevailing consensus-argues for drastic changes to police interrogation practices to prevent false confessions and, in combination with such changes, demands that expert testimony on false confessions be admitted in criminal trials. Despite the relative unanimity in the literature, state and federal courts remain bitterly divided on the question of admissibility of false confession expert testimony. Each decision in this …


Can Law And Literature Be Practical? The Crucible And The Federal Rules Of Evidence, Martin H. Pritikin Dec 2012

Can Law And Literature Be Practical? The Crucible And The Federal Rules Of Evidence, Martin H. Pritikin

West Virginia Law Review

Counter-intuitively, one of the best ways to learn the practice-oriented topic of evidence may be by studying a work of fiction-specifically, Arthur Miller's The Crucible, which dramatizes the seventeenth-century Salem witch trials. The play puts the reader in the position of legal advocate, and invites strategic analysis of evidentiary issues. A close analysis of the dialogue presents an opportunity to explore both the doctrinal nuances of and policy considerations underlying the most important topics covered by the Federal Rules of Evidence, including the mode and order of interrogation, relevance, character evidence and impeachment, opinion testimony, and hearsay.


The Nursing Standard Of Care In Illinois: Rethinking The Wingo Exception In The Wake Of Sullivan V. Edward Hospital, Emily Chase-Sosnoff Dec 2012

The Nursing Standard Of Care In Illinois: Rethinking The Wingo Exception In The Wake Of Sullivan V. Edward Hospital, Emily Chase-Sosnoff

Chicago-Kent Law Review

This note analyzes the current circuit split among Illinois courts over whether the same-license requirement for medical expert testimony applies to testimony about the standard of care for nurse-doctor communications. Part I traces the history of the problem by explaining the original same-license requirement, the Wingo exception for nurse-doctor communications, and the Illinois Supreme Court's decision in Sullivan, which cast doubt on Wingo's continued survival. Part II illustrates the nature of the circuit split by describing the lower courts' three distinct interpretations of Sullivan. Finally, Part III argues that courts should apply Sullivan strictly and abandon the Wingo exception because …


Georgia's New Evidence Code: After The Celebration, A Serious Review Of Anticipated Subjects Of Litigation To Be Brought On By The New Legislation, Matthew E. Cook, K. Todd Butler Dec 2012

Georgia's New Evidence Code: After The Celebration, A Serious Review Of Anticipated Subjects Of Litigation To Be Brought On By The New Legislation, Matthew E. Cook, K. Todd Butler

Mercer Law Review

As January 1, 2013 approaches, the Georgia Bar is anticipating the new Georgia Evidence Code (GEC), House Bill 24, due to take effect on that day. Several authors have canvassed the particular changes the GEC brings to the existing Georgia Rules, of Evidence, as well as the differences between the new GEC and the Federal Rules of Evidence (FRE). Those articles are commended for your reading, as they drive not only lawyers' courtroom presentation but also their trial preparation. Rather than rehashing the changes the GEC brings, this Article will address the abbreviated history preceding the passage of House Bill …


Evidence, John E. Hall Jr., W. Scott Henwood, Alex Battey Dec 2012

Evidence, John E. Hall Jr., W. Scott Henwood, Alex Battey

Mercer Law Review

This year represents the last survey period in which the "old" Georgia Evidence Code, Official Code of Georgia Annotated title 24, reigns. The "new" Georgia Evidence Code, which amends the O.C.G.A. and conforms in large part to the Federal Rules of Evidence, takes effect January 1, 2013. Therefore, next year's survey will undoubtedly report the ways in which Georgia courts have coped with the extensive changes. For now, courts continue to apply the existing Georgia Rules of Evidence. Cases covered in this Article were published between June 1, 2011 and May 31, 2012, and speak to a variety of topics …


Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis Nov 2012

Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis

Pepperdine Law Review

No abstract provided.


Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff Nov 2012

Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff

Pepperdine Law Review

No abstract provided.


Admissibility Of Dna Genetic Profiling Evidence In Criminal Proceedings: The Case For Caution, Lori L. Swafford Nov 2012

Admissibility Of Dna Genetic Profiling Evidence In Criminal Proceedings: The Case For Caution, Lori L. Swafford

Pepperdine Law Review

No abstract provided.


Clicking Away Confidentiality: Workplace Waiver Of Attorney-Client Privilege, Adam C. Losey Nov 2012

Clicking Away Confidentiality: Workplace Waiver Of Attorney-Client Privilege, Adam C. Losey

Florida Law Review

Barbara Hall, an administrative assistant, often arrives at work an hour and a half early solely to check her personal e-mails on her employer’s computer. Afterwards, “[i]n the grand tradition of Chekhov, or perhaps ‘Days of Our Lives,’ Barbara Hall carries on a dialogue throughout the workday with her two daughters, both of whom work at an event-planning company in Cleveland and use its e-mail system for such exchanges.” When she gets home from work, Barbara continues to use her workplace e-mail account to send personal e-mails. Barbara Hall and her daughters are not alone. The average employee is estimated …


Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon Nov 2012

Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon

Pepperdine Law Review

No abstract provided.


Psychotherapist And Patient In The California Supreme Court: Ground Lost And Ground Regained, Stanley Mosk Nov 2012

Psychotherapist And Patient In The California Supreme Court: Ground Lost And Ground Regained, Stanley Mosk

Pepperdine Law Review

No abstract provided.


Victim Harm, Retributivism And Capital Punishment: A Philosophy Critique Of Payne V. Tennessee , R. P. Peerenboom Nov 2012

Victim Harm, Retributivism And Capital Punishment: A Philosophy Critique Of Payne V. Tennessee , R. P. Peerenboom

Pepperdine Law Review

No abstract provided.


Scientific Evidence In The Age Of Daubert: A Proposal For A Dual Standard Of Admissibility In Civil And Criminal Cases , William P. Haney Iii Nov 2012

Scientific Evidence In The Age Of Daubert: A Proposal For A Dual Standard Of Admissibility In Civil And Criminal Cases , William P. Haney Iii

Pepperdine Law Review

No abstract provided.


Witnesses With Multiple Personality Disorder, Jacqueline R. Kanovitz, Bob S. Kanovitz, James P. Bloch Oct 2012

Witnesses With Multiple Personality Disorder, Jacqueline R. Kanovitz, Bob S. Kanovitz, James P. Bloch

Pepperdine Law Review

No abstract provided.


Employment Discrimination Claims Remain Valid Despite After-Acquired Evidence Of Employee Wrongdoing, Christine Neylon O'Brien Oct 2012

Employment Discrimination Claims Remain Valid Despite After-Acquired Evidence Of Employee Wrongdoing, Christine Neylon O'Brien

Pepperdine Law Review

This article explores the legal practice area of employment discrimination and adverse decisions based on after-acquired evidence. A division among the circuits courts arose concerning the impact of after-acquired evidence of employee wrongdoing upon an employer's liability for employment discrimination. When pre-trial discovery unveiled a separate nondiscriminatory reason for termination, numerous circuits allowed such previously unknown information to constitute a legitimate basis for the employment decision, following the model of a mixed-motive discharge. A trend developed however, among other circuits that after-acquired evidence of employee misconduct should not prevent the establishment of employer liability, but that it should be considered …


State Searches, Federal Cases, And Choice Of Law: Just A Little Respect, John B. Corr Oct 2012

State Searches, Federal Cases, And Choice Of Law: Just A Little Respect, John B. Corr

Pepperdine Law Review

No abstract provided.


Smoking Out Big Tobacco: Some Lessons About Academic Freedom, The World Wide Web, Media Conglomeration, And Public Service Pedagogy From The Battle Over The Brown & Williamson Documents, Clay Calvert Oct 2012

Smoking Out Big Tobacco: Some Lessons About Academic Freedom, The World Wide Web, Media Conglomeration, And Public Service Pedagogy From The Battle Over The Brown & Williamson Documents, Clay Calvert

Pepperdine Law Review

No abstract provided.


Misapplication Of The Attorney Malpractice Paradigm To Litigation Services: "Suit Within A Suit" Shortcomings Compel Witness Immunity For Experts, Adam J. Myers Iii Oct 2012

Misapplication Of The Attorney Malpractice Paradigm To Litigation Services: "Suit Within A Suit" Shortcomings Compel Witness Immunity For Experts, Adam J. Myers Iii

Pepperdine Law Review

No abstract provided.


It Is Broken: Breaking The Inertia Of The Exclusionary Rule, L. Timothy Perrin, H. Mitchell Caldwell, Carol A. Chase Oct 2012

It Is Broken: Breaking The Inertia Of The Exclusionary Rule, L. Timothy Perrin, H. Mitchell Caldwell, Carol A. Chase

Pepperdine Law Review

No abstract provided.


The Optimum Remedy For Constitutional Breaches: Multiaccessed Civil Penalties In Equity, Robert C. Fellmeth Oct 2012

The Optimum Remedy For Constitutional Breaches: Multiaccessed Civil Penalties In Equity, Robert C. Fellmeth

Pepperdine Law Review

No abstract provided.


The Exclusionary Rule: Fix It, But Fix It Right - A Critique Of If It's Broken, Fix It: Moving Beyond The Exclusionary Rule, Gregory D. Totten, Peter D. Kossoris, Ebbe B. Ebbesen Oct 2012

The Exclusionary Rule: Fix It, But Fix It Right - A Critique Of If It's Broken, Fix It: Moving Beyond The Exclusionary Rule, Gregory D. Totten, Peter D. Kossoris, Ebbe B. Ebbesen

Pepperdine Law Review

No abstract provided.


Administrative Replacements: How Much Can They Do?, Laurie L. Levenson Oct 2012

Administrative Replacements: How Much Can They Do?, Laurie L. Levenson

Pepperdine Law Review

No abstract provided.


How To Move Beyond The Exclusionary Rule: Structuring Judicial Response To Legislative Reform Efforts, Harold J. Krent Oct 2012

How To Move Beyond The Exclusionary Rule: Structuring Judicial Response To Legislative Reform Efforts, Harold J. Krent

Pepperdine Law Review

No abstract provided.


Judicial Review And The Exclusionary Rule, Morgan Cloud Oct 2012

Judicial Review And The Exclusionary Rule, Morgan Cloud

Pepperdine Law Review

No abstract provided.


The Importance Of Being Empirical, Michael Heise Oct 2012

The Importance Of Being Empirical, Michael Heise

Pepperdine Law Review

Legal scholarship is becoming increasingly empirical. Although empirical methodologies gain important influence within the legal academy, their application in legal research remains underdeveloped. This paper surveys and analyzes the state of empirical legal scholarship and explores possible influences on its production. The paper advances a normative argument for increased empirical legal scholarship.


Moving Further Beyond, Thomas M. Reavley Oct 2012

Moving Further Beyond, Thomas M. Reavley

Pepperdine Law Review

No abstract provided.


An Invitation To Dialogue: Exploring The Pepperdine Proposal To Move Beyond The Exclusionary Rule, L. Timothy Perrin, H. Mitchell Caldwell, Carol A. Chase Oct 2012

An Invitation To Dialogue: Exploring The Pepperdine Proposal To Move Beyond The Exclusionary Rule, L. Timothy Perrin, H. Mitchell Caldwell, Carol A. Chase

Pepperdine Law Review

No abstract provided.


The Unreliability Of Testimony From A Witness With Multiple Personality Disorder (Mpd): Why Courts Must Acknowledge The Connection Between Hypnosis And Mpd And Adopt A “Per Se” Rule Of Exclusion For Mpd Testimony, Mark Anthony Miller Oct 2012

The Unreliability Of Testimony From A Witness With Multiple Personality Disorder (Mpd): Why Courts Must Acknowledge The Connection Between Hypnosis And Mpd And Adopt A “Per Se” Rule Of Exclusion For Mpd Testimony, Mark Anthony Miller

Pepperdine Law Review

No abstract provided.


Substance And Method In The Year 2000, Akhil Reed Amar Oct 2012

Substance And Method In The Year 2000, Akhil Reed Amar

Pepperdine Law Review

No abstract provided.


Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky Oct 2012

Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky

Pepperdine Law Review

No abstract provided.