Law Commons^™

The Incongruence Principle Of Evidence, Hillel Bavli

Indiana Law Journal

Evidence law assumes that the meaning and value of information at trial is equal to the meaning and value of the same information in the real world. This premise underlies evidence policy, judicial applications of evidence law, and instructions to jurors for evaluating evidence. However, it is incorrect, and the law’s failure to recognize this hinders its aims of accuracy and equality.

In this article, I draw on fields outside of law—including Bayesian inference and cognitive psychology—to develop a model of evidence that describes how jurors combine new evidence with prior beliefs (or “priors”) to make inferences and judgments. I …

Can Speech Act Theory Save Notice Pleading?, Susan E. Provenzano

Indiana Law Journal

Countless scholars have debated—and lower courts have attempted to apply—the plausibility pleading regime that the Supreme Court introduced in Twombly and Iqbal. Iqbal took Twombly’s requirement that a complaint plead plausibly and turned it into a two-step test. Under that test, the life or death of a lawsuit rests on the distinction between “well-pleaded” and “conclusory” allegations. Only the former are assumed true on a motion to dismiss. Seven decades of pleading precedent had taken a sensible, if unstable, approach to the truth assumption, making a single cut between factual contentions (assumed true) and legal conclusions (ignored). But Iqbal redrew …

Delaware’S Balancing Act, John Armour, Bernard S. Black, Brian R. Cheffins

Indiana Law Journal

Delaware’s courts and well-developed case law are widely seen as integral elements of Delaware’s success in attracting incorporations. However, as we show using empirical evidence involving reported judicial decisions and filed cases concerning large mergers and acquisitions, leveraged buyouts, and options backdating, Delaware’s popularity as a venue for corporate litigation is under threat. Today, a majority of shareholder suits involving Delaware companies are being brought and decided elsewhere. We examine in this Article the implications of this “out-of-Delaware” trend, emphasizing a difficult balancing act that Delaware faces. If Delaware accommodates litigation too readily, companies, fearful of lawsuits, may incorporate elsewhere. …

The Unabomber Revisited: Reexamining The Use Of Mental Disorder Diagnoses As Evidence Of The Mental Condition Of Criminal Defendants, Adam K. Magid

Indiana Law Journal

This Article revisits a longstanding debate concerning the appropriateness of diagnostic evidence in criminal cases in which a defendant’s mental condition is at issue. As illustrated through a case study of Theodore Kaczynski, more widely known as the “Unabomber,” a diagnosis of paranoid schizophrenia poses a risk of confounding a judge or jury attempting to ascertain an accurate picture of the mental state of a criminal defendant, specifically by (i) suggesting symptoms not actually present, (ii) creating a distorted picture of symptoms that are present, and (iii) suggesting organic, determinative factors as the mechanism behind a defendant’s actions, even where …

Comments On Child Abuse Litigation In A "Testimonial" World: The Intersection Of Competency, Hearsay, And Confrontation, Myrna S. Raeder

Indiana Law Journal

The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.

The History Of Children's Hearsay: From Old Bailey To Post-Davis, Thomas D. Lyon, Raymond Lamagna

Indiana Law Journal

The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.

When Mohammed Goes To The Mountain: The Evidentiary Value Of A View, Layne S. Keele

Indiana Law Journal

No abstract provided.

Insurance-Weight Of Evidence-Construction Of Policy-Proximate Cause

Indiana Law Journal

No abstract provided.

Experts, Liars, And Guns For Hire: A Different Perspective On The Qualification Of Technical Expert Witnesses, Christopher P. Murphy

Indiana Law Journal

No abstract provided.

Admissibility Of Evidence Under Indiana's "Common Scheme Or Plan" Exception, Thomas Quigley

Indiana Law Journal

No abstract provided.

Hardin And Medvid: A Change In Indiana's Entrapment Law, Michael Hyatte

Indiana Law Journal

No abstract provided.

In Memoriam-Austin Vincent Clifford 1896-1975, Nat U. Hill

Indiana Law Journal

No abstract provided.

A Plea For A Uniform Parole Evidence Rule And Principles Of Contract Interpretation, John D. Calamari, Joseph M. Perillo

Indiana Law Journal

No abstract provided.

Evidence Of Guilt: Restrictions Upon Its Discovery Or Compulsory Disclosure, By John Macarthur Maguire, Edward W. Cleary

Indiana Law Journal

No abstract provided.

Use Of Subnormal Mentality To Discredit

Indiana Law Journal

No abstract provided.

Federal Control Over Use Of Coerced Confessions In State Criminal Cases-Some Unsettled Problems, Austin W. Scott Jr.

Indiana Law Journal

No abstract provided.

Criminal Law: Psychiatric Aid In Evaluating The Credibility Of A Prosecuting Witness Charging Rape

Indiana Law Journal

Recent Cases

Privilege Against Self-Incrimination-Compulsory Voice Exhibition

Indiana Law Journal

Recent Cases: Evidence

Relevancy Of Plaintiff's War Record In Personal Injury Action

Indiana Law Journal

Notes and Comments: Evidence

Self Incrimination

Indiana Law Journal

Notes and Comments: Criminal Law

Admissibility Of Evidence Induced By Means Of Intercepted Telephone Communications

Indiana Law Journal

Notes and Comments: Evidence

Admissions By Failure To Answer Letters

Indiana Law Journal

Notes and Comments: Evidence

Physician's Opinion Based On Unsupported Influences

Indiana Law Journal

Notes and Comments: Evidence

Privileged Communications

Indiana Law Journal

Notes and Comments: Evidence

Blood Grouping Tests In Evidence

Indiana Law Journal

Notes and Comments: Evidence

Evidence Showing Absence Of Motive

Indiana Law Journal

Notes and Comments: Evidence

Motion Pictures In Evidence, Carl M. Gray

Indiana Law Journal

No abstract provided.

Admissibility Of Judgments Appointing Guardians

Indiana Law Journal

Recent Case Notes: Evidence - Testamentary Capacity

Trial-Informing Jury Of Liability Insurance-Curing Of Prejudice

Indiana Law Journal

No abstract provided.

The Importance Of Scientific Analysis Of Evidence In The Prosecution Of Crime, E. P. Coffey

Indiana Law Journal

Address by E. P. Coffey, Director of Federal Technical Laboratory of the Department of Justice, Washington, D. C., before the Indiana State Bar Association, September 6, 1935.