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Law and Contemporary Problems

Evidence (Law)

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Full-Text Articles in Law

Skirmishes On The Temporal Boundaries Of States, Meir Dan-Cohen Apr 2009

Skirmishes On The Temporal Boundaries Of States, Meir Dan-Cohen

Law and Contemporary Problems

Dan-Cohen shares his views on group conflicts and how wrongdoers--individuals and groups--get past their wrongdoing. He points out that on the individual level the wrongdoer uses apology and remorse to try to redefine herself as a person in such a way that others no longer continue to hold her responsible for her prior bad conduct. In the process of forgiveness, the wrongdoer's personal identity is redefined in such a way that the reactive attitudes of the victim terminate. He asserts that a similar redefinition occurs when the wrongdoing is committed by a nation. He describes this process as one in …


“Regulatory Daubert”: A Proposal To Enhance Judicial Review Of Agency Science By Incorporating Daubert Principles Into Administrative Law, Alan Charles Raul, Julie Zampa Dwyer Oct 2003

“Regulatory Daubert”: A Proposal To Enhance Judicial Review Of Agency Science By Incorporating Daubert Principles Into Administrative Law, Alan Charles Raul, Julie Zampa Dwyer

Law and Contemporary Problems

In Daubert v. Merrell Dow Pharmaceuticals Inc, the US Supreme Court empowered federal judges to reject irrelevant or unreliable scientific evidence. Daubert provides a suitable framework for reviewing the quality of agency science and the soundness of agency decisions consistent with the standards established for review of agency rulemakings under the Administrative Procedure Act.


Hearsay Exceptions: Adjusting The Ratio Of Intuition To Psychological Science, John E. B. Myers, Ingrid Cordon, Simona Ghetti, Gail S. Goodman Jan 2002

Hearsay Exceptions: Adjusting The Ratio Of Intuition To Psychological Science, John E. B. Myers, Ingrid Cordon, Simona Ghetti, Gail S. Goodman

Law and Contemporary Problems

Myers explores hearsay exeptions by examining three exceptions: excited utterances, statements for purposes of diagnosis or treatment, and the residual hearsay exception. The focus is child declarants, and these exceptions play key roles in child abuse litigation.


Applying Suggestibility Research To The Real World: The Case Of Repeated Questions, Thomas D. Lyon Jan 2002

Applying Suggestibility Research To The Real World: The Case Of Repeated Questions, Thomas D. Lyon

Law and Contemporary Problems

One can discern two parallel trends in the law and the psychology of child witnesses. In the law, appellate courts are beginning to stem the once powerful movement to increase the acceptance of children's testimony and the admissibility of children's out-of-court statements. Lyon analyzes particular strands of each trend.


The Conundrum Of Children, Confrontation, And Hearsay, Richard D. Friedman Jan 2002

The Conundrum Of Children, Confrontation, And Hearsay, Richard D. Friedman

Law and Contemporary Problems

The adjudication of child abuse claims poses an excruciatingly difficult conundrum. In many cases, a large part of the problem is that the prosecution's case depends critically on the statement or testimony of a young child.


The Maturation And Disintegration Of The Hearsay Exception For Statements For Medical Examination In Child Sexual Abuse Cases, Robert P. Mosteller Jan 2002

The Maturation And Disintegration Of The Hearsay Exception For Statements For Medical Examination In Child Sexual Abuse Cases, Robert P. Mosteller

Law and Contemporary Problems

Mosteller examines the treatment of children as victims and witnesses in criminal trials, most frequently involving sexual abuse, over the last quarter of the twentieth century, and from that experience, to draw lessons. He also examines what has been learned about the hearsay exception for "statements for purposes of medical diagnosis of treatment."


Forensic Interviews Of Children: The Components Of Scientific Validity And Legal Admissibility, Nancy E. Walker Jan 2002

Forensic Interviews Of Children: The Components Of Scientific Validity And Legal Admissibility, Nancy E. Walker

Law and Contemporary Problems

The problems associated with assessments of children's reports of victimization in criminal proceedings came to national attention during the 1980s and 1990s in a series of highly publicized trials of daycare staff. Walker describes information that professionals need to know if they are to conduct valid interview of children in forensic contexts.


Child Witness Policy: Law Interfacing With Social Science, Dorothy F. Marsil, Jean Montoya, David Ross, Louise Graham Jan 2002

Child Witness Policy: Law Interfacing With Social Science, Dorothy F. Marsil, Jean Montoya, David Ross, Louise Graham

Law and Contemporary Problems

The number of children testifying in court has posed serious practical and legal problems for the judicial system. One problem confronting the courts is how to protect children from experiencing the psychological trauma resulting from face-to-face confrontation with a defendant who may have physically harmed the child or threatened future harm to the child.


Good Enough For Government Work: The Constitutional Duty To Preserve Forensic Interviews Of Child Victims, Lucy S. Mcgough Jan 2002

Good Enough For Government Work: The Constitutional Duty To Preserve Forensic Interviews Of Child Victims, Lucy S. Mcgough

Law and Contemporary Problems

McGough proceeds with the confidence on the premise that a forensic interview of a child by a member of the prosecutorial team offers many opportunities for compromising the reliability of the child's remembered account. A vast volume of research data now exists that documents the conclusion that the forensic interviewing of children is a very delicate, sophisticated, and high-risk enterprise.


Why Children’S Suggestibility Remains A Serious Concern, Amye R. Warren, Dorothy F. Marsil Jan 2002

Why Children’S Suggestibility Remains A Serious Concern, Amye R. Warren, Dorothy F. Marsil

Law and Contemporary Problems

Warren and Marsil focus on six areas representing some of the most intractable problems that will require further attention from scientists and practitioners alike. Research on child witnesses is highlighted, concentrating primarily on studies published or presented in the past ten years.


The Admissibility Of Differential Diagnosis Testimony To Prove Causation In Toxic Tort Cases: The Interplay Of Adjective And Substantive Law, Joseph Sanders, Julie Machal-Fulks Oct 2001

The Admissibility Of Differential Diagnosis Testimony To Prove Causation In Toxic Tort Cases: The Interplay Of Adjective And Substantive Law, Joseph Sanders, Julie Machal-Fulks

Law and Contemporary Problems

This article uses the differential diagnosis opinions to explore a pair of interrelationships. The basic causal framework employed by most courts in toxic tort cases is presented. A key to understanding the developing case law in this area is to appreciate the degree to which the courts have adopted the interpretive conventions of science in assessing admissibility.


Upsetting The Balance Between Adverse Interests: The Impact Of The Supreme Court’S Trilogy On Expert Testimony In Toxic Tort Litigation, Margaret A. Berger Jul 2001

Upsetting The Balance Between Adverse Interests: The Impact Of The Supreme Court’S Trilogy On Expert Testimony In Toxic Tort Litigation, Margaret A. Berger

Law and Contemporary Problems

No abstract provided.


Blindfolding The Jury, Shari Seidman Diamond, Jonathan D. Casper, Lynne Ostergren Oct 1989

Blindfolding The Jury, Shari Seidman Diamond, Jonathan D. Casper, Lynne Ostergren

Law and Contemporary Problems

No abstract provided.


Legal Doctrines Governing The Admissibility Of Expert Testimony Concerning Social Framework Evidence, Robert P. Mosteller Oct 1989

Legal Doctrines Governing The Admissibility Of Expert Testimony Concerning Social Framework Evidence, Robert P. Mosteller

Law and Contemporary Problems

No abstract provided.


Social Science Findings And The Jury’S Ability To Disregard Evidence Under The Federal Rules Of Evidence, Lisa Eichhorn Oct 1989

Social Science Findings And The Jury’S Ability To Disregard Evidence Under The Federal Rules Of Evidence, Lisa Eichhorn

Law and Contemporary Problems

No abstract provided.


Statistical Proof And Theories Of Discrimination, Douglas Laycock Oct 1986

Statistical Proof And Theories Of Discrimination, Douglas Laycock

Law and Contemporary Problems

No abstract provided.


Multiple Regression Analysis In Title Vii Cases: A Structural Approach To Attacks Of Missing Factors And “Pre-Act Discrimination”, Barbara A. Norris Oct 1986

Multiple Regression Analysis In Title Vii Cases: A Structural Approach To Attacks Of Missing Factors And “Pre-Act Discrimination”, Barbara A. Norris

Law and Contemporary Problems

No abstract provided.