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Articles 1 - 30 of 58
Full-Text Articles in Law
Evidence’S #Metoo Moment, Aníbal Rosario-Lebrón
Evidence’S #Metoo Moment, Aníbal Rosario-Lebrón
University of Miami Law Review
The #MeToo movement has drawn attention to the prevalence of sexual and gender-based violence. But more importantly, it has exposed how society discounts the testimony of women. This Article unfolds how this credibility discounting is reinforced in our evidentiary system through the use of character for untruthfulness evidence to impeach victims. Specifically, through defense attorneys’ practice of impeaching sexual and gender-based violence victims’ character for truthfulness as a way to introduce functional evidence of credibility biases regarding the trustworthiness of sexual and gender-based violence victims and the plausibility of their testimonies. The Article further shows a correlation between the poor …
The (Mis)Application Of Rule 404(B) Heuristics, Dora W. Klein
The (Mis)Application Of Rule 404(B) Heuristics, Dora W. Klein
University of Miami Law Review
In all of the federal circuit courts of appeals, application of Rule 404(b) of the Federal Rules of Evidence has been distorted by judicially-created “tests” that, while intended to assist trial courts in properly admitting or excluding evidence, do not actually test for the kind of evidence prohibited by this rule. Rule 404(b) prohibits evidence of “crimes, wrongs, or other acts” if the purpose for admitting the evidence is to prove action in accordance with a character trait. This evidence is commonly referred to as “propensity” evidence, or “once a drug dealer, always a drug dealer” evidence.
This Article examines …
Neither Strict Nor Nuanced: The Balanced Standard For False Claims Act Pleading In The Eleventh Circuit, C. Caitlin Giles
Neither Strict Nor Nuanced: The Balanced Standard For False Claims Act Pleading In The Eleventh Circuit, C. Caitlin Giles
University of Miami Law Review
False Claims Act litigation is more hotly contested than ever before. One such controversial issue plaguing federal courts is the proper application of Federal Rule of Civil Procedure 9(b) to actions arising under the False Claims Act. The explosion of litigation under the FCA caused a circuit split to emerge on the correct standard to use when applying Rule 9(b)’s heightened pleading requirement for more particularity. Specifically, courts are split on the level of specificity required to prove that a false claim was submitted to the government. Some apply a “strict” interpretation and require pleadings to include representative samples of …
To Discovery And Beyond: A Comprehensive Look At Argentina’S Data Protection Laws, Sean Mccleary
To Discovery And Beyond: A Comprehensive Look At Argentina’S Data Protection Laws, Sean Mccleary
University of Miami Inter-American Law Review
This article strives to shed light on the interplay between discovery practice under the Federal Rules of Civil Procedure, Argentina's data protection laws, and the ever-present possibility of discovery sanctions. For all intents and purposes, data protections laws serve as a double-edged sword that seek to protect an individual's privacy; however, data protection laws were not designed with litigation in mind. And because of that, it can be difficult for an Argentine company to comply with a discovery request that would implicate an individual's data privacy under Argentine law. In the end, it comes down to a balancing test. This …
Has Florida Won Or Lost The Battle By Eliminating Section 90.803(4) As An Alternative Tool In Prosecuting Child Sexual Abuse?, Celina E. Contreras
Has Florida Won Or Lost The Battle By Eliminating Section 90.803(4) As An Alternative Tool In Prosecuting Child Sexual Abuse?, Celina E. Contreras
University of Miami Law Review
No abstract provided.
The Florida Supreme Court Vs. The United States Supreme Court: The Florida Decision In Conner V. State And The Federal Interpretation Of Confrontation And Federal Rule Of Evidence 807, Stacey Schulman
University of Miami Law Review
No abstract provided.
Reply To Professor Ehrhardt, Michael D. Sanger
Reply To Professor Ehrhardt, Michael D. Sanger
University of Miami Law Review
No abstract provided.
Response, Dana R. Hassin
The Exception That Swallows The Rule: The Disparate Treatment Of Federal Rule Of Evidence 804(B)(3) As Interpreted In United States V. Williamson, Richard T. Sahuc
The Exception That Swallows The Rule: The Disparate Treatment Of Federal Rule Of Evidence 804(B)(3) As Interpreted In United States V. Williamson, Richard T. Sahuc
University of Miami Law Review
No abstract provided.
Casting Light On The Gray Area: An Analysis Of The Use Of Neutral Pronouns In Non-Testifying Codefendant Redacted Confessions Under Bruton, Richardson, And Gray, Bryant M. Richardson
Casting Light On The Gray Area: An Analysis Of The Use Of Neutral Pronouns In Non-Testifying Codefendant Redacted Confessions Under Bruton, Richardson, And Gray, Bryant M. Richardson
University of Miami Law Review
No abstract provided.
Rebuttal, Bryant M. Richardson
Tales Out Of School-Spillover Confessions And Against-Interest Statements Naming Others, Professor Christopher B. Mueller
Tales Out Of School-Spillover Confessions And Against-Interest Statements Naming Others, Professor Christopher B. Mueller
University of Miami Law Review
No abstract provided.
Admissibility Of Polygraph Evidence And Repressed Memory Evidence When Offered By The Accused, Yvette J. Bessent
Admissibility Of Polygraph Evidence And Repressed Memory Evidence When Offered By The Accused, Yvette J. Bessent
University of Miami Law Review
No abstract provided.
Reply To Professor Ehrhardt, George Franklin
Reply To Professor Ehrhardt, George Franklin
University of Miami Law Review
No abstract provided.
How Much Is Too Much? Rule 704(B) Opinions On Personal Use Vs. Intent To Distribute, Dana R. Hassin
How Much Is Too Much? Rule 704(B) Opinions On Personal Use Vs. Intent To Distribute, Dana R. Hassin
University of Miami Law Review
No abstract provided.
A Recipe For Confusion: Congress And The Federal Rules Of Evidence, Professor Daniel J. Capra
A Recipe For Confusion: Congress And The Federal Rules Of Evidence, Professor Daniel J. Capra
University of Miami Law Review
No abstract provided.
Admissibility Of Plea Agreements On Direct Examination- Are There Any Limits?, James D. Carlson
Admissibility Of Plea Agreements On Direct Examination- Are There Any Limits?, James D. Carlson
University of Miami Law Review
No abstract provided.
A Response To Professor Mueller, Jennifer Christianson
A Response To Professor Mueller, Jennifer Christianson
University of Miami Law Review
No abstract provided.
The Future Implications Of Lilly V. Virginia, Jennifer Christianson
The Future Implications Of Lilly V. Virginia, Jennifer Christianson
University of Miami Law Review
No abstract provided.
Expert Testimony On Eyewitness Identification: Admissibility And Alternatives, Thomas Dillickrath
Expert Testimony On Eyewitness Identification: Admissibility And Alternatives, Thomas Dillickrath
University of Miami Law Review
No abstract provided.
A Response To Professor Graham, Brett C. Powell
A Response To Professor Graham, Brett C. Powell
University of Miami Law Review
No abstract provided.
Throwing The Baby Out With The Bathwater: Why Child Sexual Abuse Accommodation Syndrome Should Be Allowed As A Rehabilitative Tool In The Florida Courts, Michael D. Stanger
Throwing The Baby Out With The Bathwater: Why Child Sexual Abuse Accommodation Syndrome Should Be Allowed As A Rehabilitative Tool In The Florida Courts, Michael D. Stanger
University of Miami Law Review
No abstract provided.
Introduction To The Evidence Symposium: The New Generation Of Realists In Evidence Law, Professor Edward J. Imwinkelried
Introduction To The Evidence Symposium: The New Generation Of Realists In Evidence Law, Professor Edward J. Imwinkelried
University of Miami Law Review
No abstract provided.
When Children And The Elderly Are Victims: Balancing The Rights Of The Accused Against Those Of The Victim, Professor Charles W. Ehrhardt
When Children And The Elderly Are Victims: Balancing The Rights Of The Accused Against Those Of The Victim, Professor Charles W. Ehrhardt
University of Miami Law Review
No abstract provided.
Response, Celina E. Contreras
A Reply To Professor Capra, Joëlle Harvic
A Reply To Professor Capra, Joëlle Harvic
University of Miami Law Review
No abstract provided.
Out-Of-Court Accusations Offered For "Background": A Measured Response From The Federal Courts, Professor Daniel J. Capra
Out-Of-Court Accusations Offered For "Background": A Measured Response From The Federal Courts, Professor Daniel J. Capra
University of Miami Law Review
No abstract provided.
Statements Of Bystanders To Police Officers Containing An Accusation Of Criminal Conduct Offered To Explain Subsequent Police Conduct, Joëlle Hervic
Statements Of Bystanders To Police Officers Containing An Accusation Of Criminal Conduct Offered To Explain Subsequent Police Conduct, Joëlle Hervic
University of Miami Law Review
No abstract provided.
Perry Mason Meets The "Legitimate Tendency" Standard Of Admissibility (And Doesn't Like What He Sees), Brett C. Powell
Perry Mason Meets The "Legitimate Tendency" Standard Of Admissibility (And Doesn't Like What He Sees), Brett C. Powell
University of Miami Law Review
No abstract provided.