Law Commons^™

The Bharatiya Sakshya Bill, 2023: A New And Unimproved Evidence Act, Kunal Ambasta

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The secrecy in drafting the bill to replace the Evidence Act is reminiscent of colonial legislation by committee. The lack of consultation has meant that the interpretative confusions in existing law remain unresolved.

To Understand Us V. Microsoft, Consider 'Acme V. Shamrock', Peter B. Rutledge, Amanda W. Newton

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The February 27, 2018, Supreme Court argument in United States v. Microsoft Corp. raises profound questions about issues of executive power, corporate governance, technology, judicial power and international affairs. At stake for the government is the scope of its investigative authority to obtain information located in a foreign country, irrespective of that country’s laws. At stake for Microsoft is its ability to organize its international corporate affairs and the predictability of the laws that will govern those affairs. This article analyzes the potential effects of this critical Supreme Court case.

Louisiana Rapper’S Case Speaks To Bigger Problems In The Criminal Justice System, Andrea L. Dennis, Erik Nelson, Michael Render

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This article published on April 25, 2016 at the Huffington Post examines the case of McKinley Phipps. He was sentenced to thirty years of hard labor for a crime that, to this day, he insists he did not commit. During the trial prosecutors used Phipps’s rap persona and lyrics - remixed for special effect - to carefully construct a story of Phipps’s guilt. The article discusses how Phipps lyrics and persona contributed to his conviction and the progress of his appeals.

Schools Fail To Get It Right On Rap Music, Andrea L. Dennis

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School officials treat rap music as a serious threat to the school environment. Fear and misunderstanding of, as well as bias against, this highly popular and lucrative musical art form negatively shape their perspectives on this vital aspect of youth culture.

As a result, students who express themselves through rap music in a way that challenges the schoolhouse setting risk the possibility of suspension, permanent exclusion and referral to the criminal justice system.

The ongoing case of Taylor Bell is the latest and most complex battleground on which this issue is playing out.

Text Messages And The Hearsay Rule In The Aaron Hernandez Case, Jeffrey Bellin

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No abstract provided.

Finding Evidence On Facebook, Jeffrey Bellin

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No abstract provided.

More On The Impeachment Of Criminal Defendants, Jeffrey Bellin

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No abstract provided.

More On The Future Of Present Sense Impressions, Jeffrey Bellin

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No abstract provided.

The Usefulness Of . . . Evidence, Jeffrey Bellin

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No abstract provided.

The Evidentiary Significance Of “Tweets,” Texts And Status Updates (Starring Justin Bieber), Jeffrey Bellin

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No abstract provided.

Rule 609 And The Frustratingly Unkillable Five-Factor Mahone Framework, Jeffrey Bellin

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No abstract provided.

When Facts Are Thin On The Ground, Julia Romasevych, Paul Antiss, Nancy Amoury Combs

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Fact-finding at the international tribunals is not as precise as we think. Nancy Combs, Professor of Law at William and Mary Law School, explores this in her new book 'Fact-finding without facts: the uncertain evidentiary foundations of international criminal convictions'.

Wired: What We've Learned About Courtroom Technology, Fredric I. Lederer

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No abstract provided.

The Legality And Practicality Of Remote Witness Testimony, Fredric Lederer

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No abstract provided.

Gatekeeping After Gilbert: How Lawyers Should Address The Court's New Emphasis, Brian Benner, Ronald L. Carlson

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In the world of modern trials, expert witnesses are the coin of the realm. Lawyers know that most of the time, experts are case-breakers. Their demeanor, knowledge, and presentation ability are key qualities. Accordingly, their persuasive effect on modern lay jurors makes it incumbent on judges to ensure that an expert's opinions are appropriately directed. That means not allowing an economist to testify about the medical dynamics of bone disease, for example.

Daubert & Danger: The "Fit" Of Expert Predictions In Civil Commitments, Alexander W. Scherr

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Never make predictions, especially about the future. But in civil commitments, courts predict future behavior all the time. Judicial action here has severe results for the individual: deprivation of liberty, potentially unwanted and intrusive treatment, and the stigma of mental illness. Judicial inaction can also do harm: erroneous release can lead to injury of the person or others. Resolving these risks requires courts to find the person poses a danger to him/herself or others because of a mental illness.

Should Michigan Rule Of Evidence 703 Be Revised?, Brian Benner, Ronald L. Carlson

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Technical witnesses regularly assist the fact-finding process in Michigan trials. Jury or bench trials in federal and state courts routinely feature the appearance of experts. Properly policed by our courts, few forms of testimony hold more promise for advancing the truth-seeking function of American litigation. The expanding presence of experts raises hard questions. Are the Michigan rules in turn with modern needs? Should the state rule controlling the basis for expert opinion be aligned with the federal pattern? If Michigan Rule of Evidence 703 could stand revision, does proper alteration require significant additions not presently contained in either state or …