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Articles 1 - 30 of 40
Full-Text Articles in Law
Introduction: Symposium On “Forensics, Statistics, And Law”, Brandon L. Garrett
Introduction: Symposium On “Forensics, Statistics, And Law”, Brandon L. Garrett
Faculty Scholarship
No abstract provided.
Honesty Without Truth: Lies, Accuracy, And The Criminal Justice Process, Lisa Kern Griffin
Honesty Without Truth: Lies, Accuracy, And The Criminal Justice Process, Lisa Kern Griffin
Faculty Scholarship
Focusing on “lying” is a natural response to uncertainty but too narrow of a concern. Honesty and truth are not the same thing and conflating them can actually inhibit accuracy. In several settings across investigations and trials, the criminal justice system elevates compliant statements, misguided beliefs, and confident opinions while excluding more complex evidence. Error often results. Some interrogation techniques, for example, privilege cooperation over information. Those interactions can yield incomplete or false statements, confessions, and even guilty pleas. Because of the impeachment rules that purportedly prevent perjury, the most knowledgeable witnesses may be precluded from taking the stand. The …
Authenticating Digital Evidence, Paul W. Grimm, Daniel J. Capra, Gregory P. Joseph
Authenticating Digital Evidence, Paul W. Grimm, Daniel J. Capra, Gregory P. Joseph
Faculty Scholarship
No abstract provided.
The Implied Assertion Doctrine Applied To Legislative History, Noah Marks, Jessica Ranucci
The Implied Assertion Doctrine Applied To Legislative History, Noah Marks, Jessica Ranucci
Faculty Scholarship
This Article derives a new approach towards the use of legislative history to interpret statutes by adapting and applying the law of evidence. Courts use legislative history as hearsay evidence: out-of-court statements used for the truth of the matter asserted. Evidence law includes many exceptions under which hearsay becomes admissible. One such exception, the implied assertion exception, can be applied to courts' use of legislative history. Under this framework, legislative history can illuminate the interpretive enterprise, while many of the problems identified by opponents of legislative history are mitigated. After presenting the development of the implied assertion doctrine in evidence …
Federal Rule Of Evidence 502: Has It Lived Up To Its Potential?, Paul W. Grimm, Lisa Yurwit Bergstrom, Matthew P. Kraeuter
Federal Rule Of Evidence 502: Has It Lived Up To Its Potential?, Paul W. Grimm, Lisa Yurwit Bergstrom, Matthew P. Kraeuter
Faculty Scholarship
No abstract provided.
Skirmishes On The Temporal Boundaries Of States, Meir Dan-Cohen
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 …
Testing The Legitimacy Of The Joint Criminal Enterprise Doctrine In The Icty: A Comparison Of Individual Liability For Group Conduct In International And Domestic Law, Caroline H. Gibson
Testing The Legitimacy Of The Joint Criminal Enterprise Doctrine In The Icty: A Comparison Of Individual Liability For Group Conduct In International And Domestic Law, Caroline H. Gibson
Duke Journal of Comparative & International Law
No abstract provided.
Proportionality In The Post-Hoc Analysis Of Pre-Litigation Preservation Decisions, Paul W. Grimm, Michael D. Berman, Conor R. Crowley, Leslie Wharton
Proportionality In The Post-Hoc Analysis Of Pre-Litigation Preservation Decisions, Paul W. Grimm, Michael D. Berman, Conor R. Crowley, Leslie Wharton
Faculty Scholarship
No abstract provided.
Mixed-Motives For Firing Employees: Alaska’S Inconsistent Standards And Its Failure To Follow The Changing Federal Tide, Brianne Schwanitz
Mixed-Motives For Firing Employees: Alaska’S Inconsistent Standards And Its Failure To Follow The Changing Federal Tide, Brianne Schwanitz
Alaska Law Review
No abstract provided.
Sexy Dressing Revisited: Does Target Dress Play A Part In Sexual Harassment Cases?, Theresa M. Beiner
Sexy Dressing Revisited: Does Target Dress Play A Part In Sexual Harassment Cases?, Theresa M. Beiner
Duke Journal of Gender Law & Policy
Feminists have been debating what constitutes appropriate female attire since the beginning of the feminist movement in the United States. Since the early 1990s, when Naomi Wolf's book The Beauty Myth was released, feminists, law professors, and popular culture critics have tried to understand women's dress in the present day. In spite of years of criticism of these beliefs, the bias this injects into rape trials, and even with the enactment of rape shield laws, this evidence still sneaks into rape cases. With this in mind, one would expect a similar phenomenon to occur in sexual harassment cases. As the …
Pretextual Searches And Seizures: Alaska’S Failure To Adopt A Standard, Shardul Desai
Pretextual Searches And Seizures: Alaska’S Failure To Adopt A Standard, Shardul Desai
Alaska Law Review
No abstract provided.
Conflict Between State Legal Norms And Norms Underlying Popular Beliefs: Witchcraft In Africa As A Case Study, Mohammed A. Diwan
Conflict Between State Legal Norms And Norms Underlying Popular Beliefs: Witchcraft In Africa As A Case Study, Mohammed A. Diwan
Duke Journal of Comparative & International Law
No abstract provided.
Evidence Tampering, Chris William Sanchirico
Evidence Tampering, Chris William Sanchirico
Duke Law Journal
Current writing on "evidence tampering"--inclusive of the destruction, fabrication, and suppression of evidence--creates the impression that our system of litigation is in a state of fundamental disrepair. This Article suggests that this perception may merely reflect defects in the conventional view of trial's purpose. The conventional view sees trial as a stand-alone device for uncovering microhistorical truths about what has already come to pass. In contrast, this Article advocates viewing trial as but one component of the overall mechanism by which the legal system influences everyday behavior. When trial is viewed less in terms of discerning past events, and more …
“Regulatory Daubert”: A Proposal To Enhance Judicial Review Of Agency Science By Incorporating Daubert Principles Into Administrative Law, Alan Charles Raul, Julie Zampa Dwyer
“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.
Copyright As A Rule Of Evidence, Douglas Lichtman
Copyright As A Rule Of Evidence, Douglas Lichtman
Duke Law Journal
Many copyright doctrines serve to exclude from the copyright regime cases particularly prone to evidentiary complexity. The implicit logic is that, for these cases, the social costs of litigation would likely outweigh the social benefits derived from offering copyright protection in the first place. Doctrines that serve this evidentiary function include some doctrines for which an evidentiary purpose is readily apparent (for example, the requirement that eligible works be fixed in tangible form), and some for which the link is quite subtle (for example, the rule against protecting work that lacks creativity). Understanding these doctrines in this light helps to …
Linking The Culpability And Circumstantial Evidence Requirements For The Spoliation Inference, Drew D. Dropkin
Linking The Culpability And Circumstantial Evidence Requirements For The Spoliation Inference, Drew D. Dropkin
Duke Law Journal
No abstract provided.
Legal Challenges And Market Rewards To The Use And Acceptance Of Remote Sensing And Digital Information As Evidence, Kenneth J. Markowitz
Legal Challenges And Market Rewards To The Use And Acceptance Of Remote Sensing And Digital Information As Evidence, Kenneth J. Markowitz
Duke Environmental Law & Policy Forum
No abstract provided.
Hearsay Exceptions: Adjusting The Ratio Of Intuition To Psychological Science, John E. B. Myers, Ingrid Cordon, Simona Ghetti, Gail S. Goodman
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
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
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
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
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
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
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
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.
On A Collision Course: Pure Propensity Evidence And Due Process In Alaska, Drew D. Dropkin, James H. Mccomas
On A Collision Course: Pure Propensity Evidence And Due Process In Alaska, Drew D. Dropkin, James H. Mccomas
Alaska Law Review
No abstract provided.
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
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
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.
After-Acquired Evidence In Employment Cases In Alaska: An Alternative Approach, Terry A. Venneberg
After-Acquired Evidence In Employment Cases In Alaska: An Alternative Approach, Terry A. Venneberg
Alaska Law Review
No abstract provided.
A Brief Analysis Of After-Acquired Evidence In Employment Cases: A Proposed Model For Alaska (And Points South), Gregory S. Fisher
A Brief Analysis Of After-Acquired Evidence In Employment Cases: A Proposed Model For Alaska (And Points South), Gregory S. Fisher
Alaska Law Review
No abstract provided.