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Full-Text Articles in Law
Bad Law Or Just Bad Timing?: Post-Pandemic Implications Of Managed Care Advisory Group, Llc V. Cigna Healthcare, Inc.’S Ban On The Use Of Virtual Technology For Taking Non-Party Evidence Under Section 7 Of The Federal Arbitration Act, Latoya C. Brown
University of Miami Law Review
The COVID-19 pandemic has had an enormous socio-economic impact globally. To continue operations, the legal field, like other sectors, has had to adapt to the exigencies of the pandemic by, inter alia, becoming increasingly reliant on remote technologies to conduct business. Yet, only a few months before COVID-19 was declared a pandemic, the Eleventh Circuit ruled in Managed Care Advisory Group, LLC v. CIGNA Healthcare, Inc., 939 F.3d 1145 (11th Cir. 2019), that Section 7 of the Federal Arbitration Act (the “FAA”), 9 U.S.C. § 7, prohibits prehearing discovery and does not allow a summonsed witness to appear in locations …
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 …
How To Deal With Laboratory Reports Under Crawford V. Washington: A Question With No Good Answer, Cyrus P.W. Rieck
How To Deal With Laboratory Reports Under Crawford V. Washington: A Question With No Good Answer, Cyrus P.W. Rieck
University of Miami Law Review
No abstract provided.
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.
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.
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.
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.
United States V. Salerno: An Examination Of Rule 804(B)(1), Judith M. Mercier
United States V. Salerno: An Examination Of Rule 804(B)(1), Judith M. Mercier
University of Miami Law Review
No abstract provided.
Inadequate Interpreting Services In Courts And The Rules Of Admissibility Of Testimony On Extrajudicial Interpretations, Beth G. Lindie
Inadequate Interpreting Services In Courts And The Rules Of Admissibility Of Testimony On Extrajudicial Interpretations, Beth G. Lindie
University of Miami Law Review
No abstract provided.
Admitting Confessions Of Codefendants: Has Lee V. Illinois Created An Additional Hearsay Exception?, Christine Noworyta
Admitting Confessions Of Codefendants: Has Lee V. Illinois Created An Additional Hearsay Exception?, Christine Noworyta
University of Miami Law Review
No abstract provided.
The Meaning Of "Bad Faith" Under The Exceptions To The Hearsay Rule, Peter F. Valori
The Meaning Of "Bad Faith" Under The Exceptions To The Hearsay Rule, Peter F. Valori
University of Miami Law Review
No abstract provided.
The Worst Evidence Principle: The Best Hypothesis As To The Logical Structure Of Evidence Law, Edward J. Imwinkelried
The Worst Evidence Principle: The Best Hypothesis As To The Logical Structure Of Evidence Law, Edward J. Imwinkelried
University of Miami Law Review
No abstract provided.
Idaho V. Wright: The Defenestration Of Corroborating Evidence, John Clairborne Koski
Idaho V. Wright: The Defenestration Of Corroborating Evidence, John Clairborne Koski
University of Miami Law Review
No abstract provided.
Evidence -- Jury Comparison Of Handwriting Without Aid Of Experts, Richard S. Masington
Evidence -- Jury Comparison Of Handwriting Without Aid Of Experts, Richard S. Masington
University of Miami Law Review
No abstract provided.
The Opinion Rule And Wittgenstein's Tractatus, Ralph Slovenko
The Opinion Rule And Wittgenstein's Tractatus, Ralph Slovenko
University of Miami Law Review
No abstract provided.