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Articles 1 - 30 of 37
Full-Text Articles in Law
Comments On Child Abuse Litigation In A "Testimonial" World: The Intersection Of Competency, Hearsay, And Confrontation, Myrna S. Raeder
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
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.
Hope For The Best And Prepare For The Worst: The Capital Defender's Guide To Reciprocal Discovery In The Sentencing Phase Of Georgia Death Penalty Trials, Adam Levin
Georgia State University Law Review
No abstract provided.
Misjudging, Chris Guthrie
Independent Judicial Research In The Daubert Age, Edward K. Cheng
Independent Judicial Research In The Daubert Age, Edward K. Cheng
Duke Law Journal
The Supreme Court's Daubert trilogy places judges in the unenviable position of assessing the reliability of often unfamiliar and complex scientific expert testimony. Over the past decade, scholars have therefore explored various ways of helping judges with their new gatekeeping responsibilities. Unfortunately, the two dominant approaches, which focus on doctrinal tests and external assistance mechanisms, have been largely ineffective. This Article advocates for a neglected but important method for improving scientific decisionmaking--independent judicial research. It argues that judges facing unfamiliar and complex scientific admissibility decisions can and should engage in independent library research to better educate themselves about the underlying …
Here Is The Church, Now Who Owns The Steeple? A Revised Approach To Church Property Disputes, Adam E. Lyons
Here Is The Church, Now Who Owns The Steeple? A Revised Approach To Church Property Disputes, Adam E. Lyons
William & Mary Bill of Rights Journal
This Article reviews two approaches to the implementation of neutral principles of law--the constitutionally permissible method of resolving property disputes between bodies in a religious hierarchy. Though both approaches may be valid, the formal title approach, as implemented by the Pennsylvania Supreme Court in Presbytery of Beaver- Butler v. Middlesex Presbyterian Church, leads to problems in application that have been rectified by that court's more recent decision in In re Church of St. James the Less. It is the contention of this Article that future courts and practitioners facing church property disputes can draw guidance from the St. James decision …
Is Silence Sacred? The Vulnerability Of Griffin V. California In A Terrorist World, Lissa Griffin
Is Silence Sacred? The Vulnerability Of Griffin V. California In A Terrorist World, Lissa Griffin
William & Mary Bill of Rights Journal
No abstract provided.
In The Prosecutor We Trust? A Case Against Permitting Evidence Of Unadjudicated Criminal Conduct Into The Sentencing Phase Of Capital Trials, Anne-Marie Von Aschwege
In The Prosecutor We Trust? A Case Against Permitting Evidence Of Unadjudicated Criminal Conduct Into The Sentencing Phase Of Capital Trials, Anne-Marie Von Aschwege
Saint Louis University Public Law Review
No abstract provided.
Prosecutors And Corrupt Science, Kevin C. Mcmunigal
Prosecutors And Corrupt Science, Kevin C. Mcmunigal
Hofstra Law Review
No abstract provided.
Sexy Dressing Revisited: Does Target Dress Play A Part In Sexual Harassment Cases?, Theresa M. Beiner
Sexy Dressing Revisited: Does Target Dress Play A Part In Sexual Harassment Cases?, Theresa M. Beiner
Duke Journal of Gender Law & Policy
Feminists have been debating what constitutes appropriate female attire since the beginning of the feminist movement in the United States. Since the early 1990s, when Naomi Wolf's book The Beauty Myth was released, feminists, law professors, and popular culture critics have tried to understand women's dress in the present day. In spite of years of criticism of these beliefs, the bias this injects into rape trials, and even with the enactment of rape shield laws, this evidence still sneaks into rape cases. With this in mind, one would expect a similar phenomenon to occur in sexual harassment cases. As the …
Proving Lost Profits Under Daubert: Five Questions Every Court Should Ask Before Admitting Expert Testimony, Robert M. Lloyd
Proving Lost Profits Under Daubert: Five Questions Every Court Should Ask Before Admitting Expert Testimony, Robert M. Lloyd
University of Richmond Law Review
No abstract provided.
Evidence And Ethics: Litigating In The Shadows Of The Rules, Joseph A. Colquitt
Evidence And Ethics: Litigating In The Shadows Of The Rules, Joseph A. Colquitt
Fordham Law Review
No abstract provided.
Finding The Golden Mean With Daubert: An Elusive, Perhaps Impossible, Goal, Robert P. Mosteller
Finding The Golden Mean With Daubert: An Elusive, Perhaps Impossible, Goal, Robert P. Mosteller
Villanova Law Review
No abstract provided.
Ethics And Evidence, Introduction, Daniel J. Capra
Ethics And Evidence, Introduction, Daniel J. Capra
Fordham Law Review
No abstract provided.
Federal Evidence Rule 608(B): Gateway To The Minefield Of Witness Preparation, Gerald L. Shargel
Federal Evidence Rule 608(B): Gateway To The Minefield Of Witness Preparation, Gerald L. Shargel
Fordham Law Review
No abstract provided.
Clarifying The Curative Admissibility Doctrine: Using The Principles Of Forfeiture And Deterrence To Shape The Relief For An Opponent's Evidentiary Misconduct, Edward J. Imwinkelried
Clarifying The Curative Admissibility Doctrine: Using The Principles Of Forfeiture And Deterrence To Shape The Relief For An Opponent's Evidentiary Misconduct, Edward J. Imwinkelried
Fordham Law Review
No abstract provided.
Are Evidence-Related Ethics Provisions "Law"?, Fred C. Zacharias
Are Evidence-Related Ethics Provisions "Law"?, Fred C. Zacharias
Fordham Law Review
No abstract provided.
See No Evil: Wrongful Convictions And The Prosecutorial Ethics Of Offering Testimony By Jailhouse Informants And Dishonest Experts, Myrna S. Raeder
See No Evil: Wrongful Convictions And The Prosecutorial Ethics Of Offering Testimony By Jailhouse Informants And Dishonest Experts, Myrna S. Raeder
Fordham Law Review
No abstract provided.
The Use And Misuse Of High-Tech Evidence By Prosecutors: Ethical And Evidentiary Issues, Robert Aronson, Jacqueline Mcmurtrie
The Use And Misuse Of High-Tech Evidence By Prosecutors: Ethical And Evidentiary Issues, Robert Aronson, Jacqueline Mcmurtrie
Fordham Law Review
No abstract provided.
Expert Witness Ethics, Joseph Sanders
Special Issues Raised By Rape Trial, Aviva Orenstein
Special Issues Raised By Rape Trial, Aviva Orenstein
Fordham Law Review
No abstract provided.
"Remarkable Stratagems And Conspiracies": How Unscrupulous Lawyers And Credulous Judges Created An Exception To The Hearsay Rule, Marianne Wesson
"Remarkable Stratagems And Conspiracies": How Unscrupulous Lawyers And Credulous Judges Created An Exception To The Hearsay Rule, Marianne Wesson
Fordham Law Review
No abstract provided.
The Perplexing Problem Of Client Perjury, L. Timothy Perrin
The Perplexing Problem Of Client Perjury, L. Timothy Perrin
Fordham Law Review
No abstract provided.
Supersizing Daubert Science For Litigation And Its Implications For Legal Practice And Scientific Research, Gary Edmond
Supersizing Daubert Science For Litigation And Its Implications For Legal Practice And Scientific Research, Gary Edmond
Villanova Law Review
No abstract provided.
The Duke Lacrosse Case, Innocence, And False Identifications: A Fundamental Failure To "Do Justice", Robert P. Mosteller
The Duke Lacrosse Case, Innocence, And False Identifications: A Fundamental Failure To "Do Justice", Robert P. Mosteller
Fordham Law Review
No abstract provided.
Images Of Expertise: Converging Discourses On The Use And Abuse Of Science In Massachusetts V. Epa, David S. Caudill
Images Of Expertise: Converging Discourses On The Use And Abuse Of Science In Massachusetts V. Epa, David S. Caudill
Villanova Environmental Law Journal
No abstract provided.
Where The Rubber Meets The Road: Thinking About Expert Evidence As Expert Testimony, Simon A. Cole
Where The Rubber Meets The Road: Thinking About Expert Evidence As Expert Testimony, Simon A. Cole
Villanova Law Review
No abstract provided.
Expertise In Action: Presenting And Attacking Expert Evidence In Dna Fingerprinting Cases, Michael Lynch
Expertise In Action: Presenting And Attacking Expert Evidence In Dna Fingerprinting Cases, Michael Lynch
Villanova Law Review
No abstract provided.
Legal Ethics And Scientific Testimony: In Defense Of Manufacturing Uncertainty, Deconstructing Expertise And Other Trial Strategies, David S. Caudill
Legal Ethics And Scientific Testimony: In Defense Of Manufacturing Uncertainty, Deconstructing Expertise And Other Trial Strategies, David S. Caudill
Villanova Law Review
No abstract provided.
The Irrelevance, And Central Relevance, Of The Boundary Between Science And Non-Science In The Evaluation Of Expert Witness Reliability, D. Michael Risinger
The Irrelevance, And Central Relevance, Of The Boundary Between Science And Non-Science In The Evaluation Of Expert Witness Reliability, D. Michael Risinger
Villanova Law Review
No abstract provided.