Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Evidence (10)
- Legal Profession (4)
- Litigation (4)
- Courts (3)
- Criminal Law (3)
-
- Law and Psychology (2)
- Legal Writing and Research (2)
- Civil Law (1)
- Communications Law (1)
- Computer Law (1)
- Constitutional Law (1)
- Criminal Procedure (1)
- Disability Law (1)
- Entertainment, Arts, and Sports Law (1)
- Fourth Amendment (1)
- Human Rights Law (1)
- Jurisprudence (1)
- Law and Society (1)
- Legal History (1)
- Legal Remedies (1)
- Medical Jurisprudence (1)
- Science and Technology Law (1)
- Publication
- Publication Type
Articles 1 - 14 of 14
Full-Text Articles in Law
Visual Jurisprudence, Richard Sherwin
Visual Jurisprudence, Richard Sherwin
Articles & Chapters
Lawyers, judges, and jurors face a vast array of visual evidence and visual argument inside the contemporary courtroom. From videos documenting crimes and accidents to computer displays of their digital simulation, increasingly, the search for fact-based justice is becoming an offshoot of visual meaning making. But when law migrates to the screen it lives there as other images do, motivating belief and judgment on the basis of visual delight and unconscious fantasies and desires as well as actualities. Law as image also shares broader cultural anxieties concerning not only the truth of the image, but also the mimetic capacity itself, …
Images In/Of Law, Jessica Silbey
Techno-Jury: Techniques In Verbal And Visual Persuasion, Gregory J. Morse
Techno-Jury: Techniques In Verbal And Visual Persuasion, Gregory J. Morse
NYLS Law Review
No abstract provided.
His Brain Has Been Mismanaged With Great Skill: How Will Jurors Respond To Neuroimaging Testimony In Insanity Defense Cases, Michael L. Perlin
His Brain Has Been Mismanaged With Great Skill: How Will Jurors Respond To Neuroimaging Testimony In Insanity Defense Cases, Michael L. Perlin
Articles & Chapters
The robust debate over neuroimaging has highlighted a series of law-and-policy questions dealing primarily with reliability, admissibility and availability. When we consider the topic that I will be addressing in this paper - the impact of this evidence on juror decision-making in insanity defense cases - we need to recalibrate our focus so as to incorporate other questions that are as essential (most likely, more essential) to the resolution of the underlying dilemma: (1) to what extent will such evidence - apparently, less inherently easy to falsify - have on jurors whose inherent suspicion of mental state opinion testimony is …
The (Futile) Search For A Common Law Right Of Confrontation: Beyond Brasier's Irrelevance To (Perhaps) Relevant American Cases, Randolph N. Jonakait
The (Futile) Search For A Common Law Right Of Confrontation: Beyond Brasier's Irrelevance To (Perhaps) Relevant American Cases, Randolph N. Jonakait
Articles & Chapters
After Crawford v. Washington asserted that the Confrontation Clause constitutionalized the common law right of confrontation, cases have been suggested that illustrate that right. This short essay considers whether the 1779 English case Rex v. Brasier is such a decision, as some contend. The essay concludes that Brasier says nothing about the right of confrontation and points to a comparable framing-era, American case that indicates that general rules about hearsay and confrontation were not at issue. The essay maintains that if the historical understandings of the right of confrontation and hearsay are to control the Confrontation Clause, then framing-era, American …
United States V. Irving, Jared Spitalnick
Standards Of Evidence In Administrative Proceedings, William H. Kuenhle
Standards Of Evidence In Administrative Proceedings, William H. Kuenhle
NYLS Law Review
No abstract provided.
Rethinking The Role Of Expert Testimony Regarding The Reliability Of Eyewitness Identifications In New York, Scott Woller
Rethinking The Role Of Expert Testimony Regarding The Reliability Of Eyewitness Identifications In New York, Scott Woller
NYLS Law Review
No abstract provided.
Are Your Eyes Deceiving You?: The Evidentiary Crisis Regarding The Admissibility Of Computer Generated Evidence, Betsy S. Fiedler
Are Your Eyes Deceiving You?: The Evidentiary Crisis Regarding The Admissibility Of Computer Generated Evidence, Betsy S. Fiedler
NYLS Law Review
No abstract provided.
Harmonizing Rules 609 And 608 (B) Of The Federal Rules Of Evidence, Donald H. Zeigler
Harmonizing Rules 609 And 608 (B) Of The Federal Rules Of Evidence, Donald H. Zeigler
Articles & Chapters
No abstract provided.
When Justice Fails: Indemnification For Unjust Conviction, Adele Bernhard
When Justice Fails: Indemnification For Unjust Conviction, Adele Bernhard
Articles & Chapters
The first section of this article reviews the evidence, both historical and contemporary, documenting the existence and frequency of wrongful convictions. The next dissects an actual case to illustrate how an innocent person can be convicted and why, once the error has been corrected and the conviction is vacated, that person generally has no legal action for damages in the absence of indemnification legislation. The third section argues that society has a moral obligation to assist the wrongfully convicted; that indemnification legislation is a better approach than reliance on ''moral obligation" bills; and that enacting legislation is possible - just …
New York Evidentiary Foundations, Randolph N. Jonakait, H. Baer, E. S. Jones, E. Imwinkelried
New York Evidentiary Foundations, Randolph N. Jonakait, H. Baer, E. S. Jones, E. Imwinkelried
Books
This textbook illustrates how to apply New York Evidence law teaching the reader how to lay out the foundations for the introduction of items of evidence. This book adds to the abstract evidentiary doctrines that many law students study. It is designed to teach the reader both the doctrines of evidence as well as how to present the evidentiary foundations necessary for trying a case.
This edition is the first edition where Professor Randolph N. Jonakait was asked to revise the text to make it more useful to New Yorkers. New York attorneys especially need tailored evidence materials because New …
Biased Evidence Rules: A Framework For Judicial Analysis And Reform, Randolph N. Jonakait
Biased Evidence Rules: A Framework For Judicial Analysis And Reform, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
Making The Law Of Factual Determinations Matter More, Randolph N. Jonakait
Making The Law Of Factual Determinations Matter More, Randolph N. Jonakait
Articles & Chapters
No abstract provided.