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Full-Text Articles in Law
The Federal Rules Of Emojis: A Proposed Framework For Handling Emoji Evidence In Trial Contexts, Marilyn Hurzeler
The Federal Rules Of Emojis: A Proposed Framework For Handling Emoji Evidence In Trial Contexts, Marilyn Hurzeler
Fordham Law Review
Emojis are 3,633 ubiquitous symbols-as-communication used by 92 percent of internet users. These tiny yet influential pieces of evidence hold the power to complete, enhance, mitigate, and flip the meaning of surrounding text. Consequently, court references to emojis have grown exponentially in the last five years. As emojis have become a cornerstone of digital discourse, courts have increasingly encountered the significant impact of emojis on parties’ legal claims. A guide for handling of emoji evidence under the Federal Rules of Evidence (FRE), therefore, is important to afford proper treatment to this relatively new evidentiary form.
This Note discusses how the …
Should The Medium Affect The Message? Legal And Ethical Implications Of Prosecutors Reading Inmate-Attorney Email, Brandon P. Ruben
Should The Medium Affect The Message? Legal And Ethical Implications Of Prosecutors Reading Inmate-Attorney Email, Brandon P. Ruben
Fordham Law Review
The attorney-client privilege protects confidential legal communications between a party and her attorney from being used against her, thus encouraging full and frank attorney-client communication. It is a venerable evidentiary principle of American jurisprudence. Unsurprisingly, prosecutors may not eavesdrop on inmate-attorney visits or phone calls or read inmate-attorney postal mail. Courts are currently divided, however, as to whether or not they can forbid prosecutors from reading inmate- attorney email.
This Note explores the cases that address whether federal prosecutors may read inmates’ legal email. As courts have unanimously held, because inmates know that the Bureau of Prisons (BOP) monitors all …
Symposium On The Challenges Of Electronic Evidence, Panel Discussion
Symposium On The Challenges Of Electronic Evidence, Panel Discussion
Fordham Law Review
The Phillip D. Reed Lecture Series: Advisory Committee on Evidence Rules
The Case For Ehearsay, Jeffrey Bellin
Memorandum: Hearsay Exception For Electronic Communications Of Recent Perception, Daniel J. Capra
Memorandum: Hearsay Exception For Electronic Communications Of Recent Perception, Daniel J. Capra
Fordham Law Review
No abstract provided.
Architects Of Justice: The Prosecutor’S Role And Resolving Whether Inadmissible Evidence Is Material Under The Brady Rule, Blaise Niosi
Architects Of Justice: The Prosecutor’S Role And Resolving Whether Inadmissible Evidence Is Material Under The Brady Rule, Blaise Niosi
Fordham Law Review
In Brady v. Maryland, the U.S. Supreme Court held that the prosecution has a constitutional duty to disclose evidence favorable to the defendant’s guilt or punishment upon request. The Court’s subsequent expansion of its holding in Brady has formed the “Brady rule,” which requires the prosecution to learn of and to disclose to the defendant all material exculpatory and impeachment information. The Court defined “material” as information that would cause a reasonable probability of a different trial outcome had it been disclosed.
Currently, a circuit court split exists regarding whether evidence is material for purposes of the Brady …
The Court As Gatekeeper: Preventing Unreliable Pretrial Ediscovery From Jeopardizing A Reliable Fact-Finding Process, Daniel K. Gelb
The Court As Gatekeeper: Preventing Unreliable Pretrial Ediscovery From Jeopardizing A Reliable Fact-Finding Process, Daniel K. Gelb
Fordham Law Review
No abstract provided.
The Adverse Inference Instruction After Revised Rule 37(E): An Evidence-Based Proposal, Shira A. Sheindlin, Natalie M. Orr
The Adverse Inference Instruction After Revised Rule 37(E): An Evidence-Based Proposal, Shira A. Sheindlin, Natalie M. Orr
Fordham Law Review
No abstract provided.
Panel Discussion: Reinvigorating Rule 502, Panel Discussion
Panel Discussion: Reinvigorating Rule 502, Panel Discussion
Fordham Law Review
No abstract provided.
Model Draft Of A Rule 502(D) Order, Symposium Participants
Model Draft Of A Rule 502(D) Order, Symposium Participants
Fordham Law Review
No abstract provided.
Evidence Rule 502: The Solution To The Privilege-Protection Puzzle In The Digital Era, John M. Barkett
Evidence Rule 502: The Solution To The Privilege-Protection Puzzle In The Digital Era, John M. Barkett
Fordham Law Review
No abstract provided.
Enter The Order, Protect The Privilege: Considerations For Courts Entering Protective Orders Under Federal Rule Of Evidence 502(D), Edwin M. Buffmire
Enter The Order, Protect The Privilege: Considerations For Courts Entering Protective Orders Under Federal Rule Of Evidence 502(D), Edwin M. Buffmire
Fordham Law Review
No abstract provided.
The Rulemakers’ Laments, Richard Marcus
Is It Safe? The Need For State Ethical Rules To Keep Pace With Technological Advances, Ann M. Murphy
Is It Safe? The Need For State Ethical Rules To Keep Pace With Technological Advances, Ann M. Murphy
Fordham Law Review
No abstract provided.
Making Horses Drink: Conceptual Change Theory And Federal Rule Of Evidence 502, Liesa L. Richter
Making Horses Drink: Conceptual Change Theory And Federal Rule Of Evidence 502, Liesa L. Richter
Fordham Law Review
No abstract provided.