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Articles 1 - 30 of 116
Full-Text Articles in Law
Restoring Causality In Attenuation: Establishing The Breadth Of A Fourth Amendment Violation, Bryan H. Ward
Restoring Causality In Attenuation: Establishing The Breadth Of A Fourth Amendment Violation, Bryan H. Ward
West Virginia Law Review
When the police violate a suspect’s Fourth Amendment rights, what often follows is the discovery of incriminating evidence. Sometimes the evidence is discovered directly after the Fourth Amendment violation. In other situations, the evidence comes by a more indirect route and may occur long after the original Fourth Amendment violation. Courts struggle when trying to decide if the discovery of this indirectly obtained evidence was caused by the police misconduct. This causal question is important because causality acts as a limiting principle when deciding when to apply the exclusionary rule. A basic view of the exclusionary rule suggests that evidence …
Will Rule 401(B) Ever Be Predictable, Sean D. Thomas
Will Rule 401(B) Ever Be Predictable, Sean D. Thomas
West Virginia Law Review
No abstract provided.
Pinging Into Evidence: The Implications Of Historical Cell Site Location Information, Alexandra C. Smith
Pinging Into Evidence: The Implications Of Historical Cell Site Location Information, Alexandra C. Smith
West Virginia Law Review
No abstract provided.
An Uncivil Action: Criminalizating Daubert In Procedure And Practice To Avoid Wrongful Convictions, Jessica G. Cino
An Uncivil Action: Criminalizating Daubert In Procedure And Practice To Avoid Wrongful Convictions, Jessica G. Cino
West Virginia Law Review
No abstract provided.
Forensics And Fallibility: Comparing The Views Of Lawyers And Jurors, Brandon L. Garrett, Gregory Mitchell
Forensics And Fallibility: Comparing The Views Of Lawyers And Jurors, Brandon L. Garrett, Gregory Mitchell
West Virginia Law Review
No abstract provided.
Introduction To The West Virginia Law Review Flawed Forensics And Innocence Symposium, Valena E. Beety
Introduction To The West Virginia Law Review Flawed Forensics And Innocence Symposium, Valena E. Beety
West Virginia Law Review
No abstract provided.
Scandal, Fraud, And The Reform Of Forensic Science: The Case Of Fingerprint Analysis, Simon A. Cole
Scandal, Fraud, And The Reform Of Forensic Science: The Case Of Fingerprint Analysis, Simon A. Cole
West Virginia Law Review
No abstract provided.
Folklore And Forensics: The Challenges Of Arson Investigation And Innocence Claims, Parisa Dehghani-Tafti, Paul Bieber
Folklore And Forensics: The Challenges Of Arson Investigation And Innocence Claims, Parisa Dehghani-Tafti, Paul Bieber
West Virginia Law Review
No abstract provided.
Building The Infrastructure For "Justice Through Science": The Texas Model, Sandra Guerra Thompson, Nicole Bremner Cásarez
Building The Infrastructure For "Justice Through Science": The Texas Model, Sandra Guerra Thompson, Nicole Bremner Cásarez
West Virginia Law Review
No abstract provided.
Can Law And Literature Be Practical? The Crucible And The Federal Rules Of Evidence, Martin H. Pritikin
Can Law And Literature Be Practical? The Crucible And The Federal Rules Of Evidence, Martin H. Pritikin
West Virginia Law Review
Counter-intuitively, one of the best ways to learn the practice-oriented topic of evidence may be by studying a work of fiction-specifically, Arthur Miller's The Crucible, which dramatizes the seventeenth-century Salem witch trials. The play puts the reader in the position of legal advocate, and invites strategic analysis of evidentiary issues. A close analysis of the dialogue presents an opportunity to explore both the doctrinal nuances of and policy considerations underlying the most important topics covered by the Federal Rules of Evidence, including the mode and order of interrogation, relevance, character evidence and impeachment, opinion testimony, and hearsay.
Fred Zain, The Csi Effect, And A Philosophical Idea Of Justice: Using West Virginia As A Model For Change, Kathleen Keough Griebel
Fred Zain, The Csi Effect, And A Philosophical Idea Of Justice: Using West Virginia As A Model For Change, Kathleen Keough Griebel
West Virginia Law Review
No abstract provided.
The Youngblood Success Stories: Overcoming The "Bad Faith" Destruction Of Evidence Standard, Teresa N. Chen
The Youngblood Success Stories: Overcoming The "Bad Faith" Destruction Of Evidence Standard, Teresa N. Chen
West Virginia Law Review
No abstract provided.
Evidence, Robin Jean Davis, Louis J. Palmer Jr.
Evidence, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Evidence, Robin Jean Davis, Louis J. Palmer Jr.
Evidence, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Evidence, Patricia L. Rush
Evidence, Frank Venezia
Evidence, Suzanne Jett
Evidence, Linda S. Williams
Evidentiary Issues, John M. Purcell
Evidentiary Requirements To Prove A Claim For Black Lung Benefits: Impact Of The Black Lung Benefits Reform Act Of 1977, F. Thomas Rubenstein
Evidentiary Requirements To Prove A Claim For Black Lung Benefits: Impact Of The Black Lung Benefits Reform Act Of 1977, F. Thomas Rubenstein
West Virginia Law Review
No abstract provided.
State V. Frazier, Lucinda Masterton
Evidence--Presumptions--Application Of The Deadly Weapons Presumption In West Virginia, John P. Carter
Evidence--Presumptions--Application Of The Deadly Weapons Presumption In West Virginia, John P. Carter
West Virginia Law Review
No abstract provided.
Evidence--Breathalyzer Test--Property Foundation For Admissibility Into Evidence
Evidence--Breathalyzer Test--Property Foundation For Admissibility Into Evidence
West Virginia Law Review
No abstract provided.
Contracts--Parol Evidence Rule--Admissibility Of Agency Not Appearing In Written Contract, Robert R. Skinner
Contracts--Parol Evidence Rule--Admissibility Of Agency Not Appearing In Written Contract, Robert R. Skinner
West Virginia Law Review
How does the parol evidence rule apply to a written contract which on its face appears to have only two parties, but in which one of the parties wants to introduce extrinsic evidence that one of the signatories is an agent for another person? Part one of this note will discuss present case law and part two will show how that law compares with modem theories of the parol evidence rule.
Evidence--Introduction Of Insurance At A Trial, Craig R. Mckay
Evidence--Introduction Of Insurance At A Trial, Craig R. Mckay
West Virginia Law Review
No abstract provided.
Evidence--Admissibility Of Actions In Refusing To Submit To Compulsory Chemical Tests
Evidence--Admissibility Of Actions In Refusing To Submit To Compulsory Chemical Tests
West Virginia Law Review
No abstract provided.
Evidence--Offers Of Compromise Versus Admissions Against Interest, Thomas Ryan Goodwin
Evidence--Offers Of Compromise Versus Admissions Against Interest, Thomas Ryan Goodwin
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, Ralph Judy Bean Jr.
Abstracts Of Recent Cases, Ralph Judy Bean Jr.
West Virginia Law Review
No abstract provided.
Evidence And Criminal Law--Admission By Silence, Charles David Mcmunn
Evidence And Criminal Law--Admission By Silence, Charles David Mcmunn
West Virginia Law Review
No abstract provided.
Evidence--Identity Of Driver In Absence Of Direct Evidence, William Thomas Harrison
Evidence--Identity Of Driver In Absence Of Direct Evidence, William Thomas Harrison
West Virginia Law Review
No abstract provided.