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Full-Text Articles in Law
Testimonial Is As Testimonial Does, Ben L. Trachtenberg
Testimonial Is As Testimonial Does, Ben L. Trachtenberg
Faculty Publications
In December 2012, the Florida Law Review published Ben Trachtenberg’s article “Confronting Coventurers: Coconspirator Hearsay, Sir Walter Raleigh, and the Sixth Amendment Confrontation Clause,” 64 Fla. L. Rev. 1669 (2012). Using the example of hearsay admitted in criminal prosecutions related to the Holy Land Foundation, the article argued that under Crawford v. Washington, courts had begun admitting unreliable hearsay against criminal defendants that previously would have been barred under Ohio v. Roberts, the Confrontation Clause case upended by Crawford.
Richard D. Friedman, the Alene and Allan F. Smith Professor of Law at the University of Michigan, responded in “The Mold …
The Incredible Shrinking Confrontation Clause, Jeffrey Bellin
The Incredible Shrinking Confrontation Clause, Jeffrey Bellin
Faculty Publications
Sharp turns in the Supreme Court’s recent Confrontation Clause jurisprudence have left scholars reeling from conflicting emotions: exhilaration, despair, denial, and soon, perhaps, cynical acceptance. While most commentators celebrated the demise of the incoherent Ohio v. Roberts framework, their excitement largely faded as the Court’s decisions in Davis v. Washington and Bryant v. Michigan revealed nascent flaws in the evolving doctrine and sharply curtailed the newly revitalized confrontation right.
Recent scholarship strives to reanimate the jurisprudence by expanding the doctrinal definition of “testimonial” statements – the sole form of evidence that the Court now recognizes as implicating the Confrontation Clause. …
Applying Crawford's Confrontation Right In A Digital Age, Jeffrey Bellin
Applying Crawford's Confrontation Right In A Digital Age, Jeffrey Bellin
Faculty Publications
No abstract provided.
Allocution For Victims Of Economic Crimes, Jayne W. Barnard
Allocution For Victims Of Economic Crimes, Jayne W. Barnard
Faculty Publications
No abstract provided.
The Right Of Confrontation: Part Ii, Paul C. Giannelli
The Right Of Confrontation: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Right Of Confrontation: Part I, Paul C. Giannelli
The Right Of Confrontation: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.