Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Case Western Reserve University School of Law (5)
- University of Michigan Law School (4)
- UC Law SF (2)
- University of Baltimore Law (2)
- Brooklyn Law School (1)
-
- Cornell University Law School (1)
- Duke Law (1)
- Fordham Law School (1)
- Georgia State University College of Law (1)
- New York Law School (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Colorado Law School (1)
- University of Florida Levin College of Law (1)
- Valparaiso University (1)
- William & Mary Law School (1)
- Keyword
-
- Evidence (4)
- Litigation (4)
- Admissibility (2)
- Legal History (2)
- Maryland Rules of Evidence (2)
-
- Maryland law (2)
- Polygraph (2)
- Probability (2)
- Probative value (2)
- Relevance (2)
- 1994 (1)
- Admissibility of hypnotically enhanced testimony into evidence (1)
- Character impeachment evidence (1)
- Clear and convincing evidence (1)
- Colorado Constitution (1)
- Conditional relevance (1)
- Confabulation (1)
- Confrontation (1)
- Consent exception (1)
- Court Administration (1)
- Credibility (1)
- Criminal procedure (1)
- DNA Fingerprinting: A Review of the Controversy (1)
- DNA Identification (1)
- DNA profiling (1)
- Daubert (1)
- Daubert v. Merrell Dow Pharmaceuticals (1)
- Daubert v. Merrell Dow Pharmaceuticals Inc. (1)
- Evidence (Law) (1)
- Evidence scholarship (1)
Articles 1 - 24 of 24
Full-Text Articles in Law
Conditional Probative Value: Neoclassicism Without Myth, Richard D. Friedman
Conditional Probative Value: Neoclassicism Without Myth, Richard D. Friedman
Articles
The concept of conditional relevance is an essential aspect of the classical model of evidentiary law. Some of the great scholars of evidence have endorsed and shaped it.1 Under Federal Rule of Evidence 104(b) it plays a crucial role in the division of responsibility between judge and jury,2 as well as in the application of the personal knowledge3 and authentication 4 requirements. And the Supreme Court has applied it with great force.5 In recent years, though, the concept has come under attack from several notable scholars. The late Vaughn Ball led the assault, calling the concept a "myth."'6 Peter Tillers, …
Maryland's Adoption Of A Code Of Evidence, Lynn Mclain
Maryland's Adoption Of A Code Of Evidence, Lynn Mclain
All Faculty Scholarship
This short paper written just after the adoption of the Maryland Rules of Evidence explains the rules and the process it took to adapt the Federal Rules of Evidence for use in Maryland.
Technology Comes To The Courtroom, And . . ., Fredric I. Lederer
Technology Comes To The Courtroom, And . . ., Fredric I. Lederer
Faculty Publications
No abstract provided.
Comment: Theory And Practice In Dna Fingerprinting, Richard O. Lempert
Comment: Theory And Practice In Dna Fingerprinting, Richard O. Lempert
Articles
Throughout her useful paper on DNA identification, Professor Roeder properly attends to both theory and practice. Thus she acknowledges the theoretical soundness of certain criticisms that have been made of the standard paradigm used to evaluate DNA random match probabilities but argues that in practice these criticisms matter little. I am thinking here of the arguments that those cautioning against overweighing DNA evidence have made regarding the undeniable existence of population substructure and its potential implications for independence assumptions supporting the application of the product rule and for the use of convenience samples, such as data garnered from no more …
Assuming Facts Not In Evidence: A Response To Russell M. Coombs, Reforming New Jersey Evidence Law On Fresh Complaint Of Rape, Sherry F. Colb
Assuming Facts Not In Evidence: A Response To Russell M. Coombs, Reforming New Jersey Evidence Law On Fresh Complaint Of Rape, Sherry F. Colb
Cornell Law Faculty Publications
No abstract provided.
Maryland's First Evidence Code, Lynn Mclain
Maryland's First Evidence Code, Lynn Mclain
All Faculty Scholarship
This outline from a talk given by Professor McLain outlines the history of the rules of evidence Maryland has used and provides a quick summary of the then-new Title 5, the Maryland Rules of Evidence.
The Meaning Of Daubert And What That Means For Forensic Science, Randolph N. Jonakait
The Meaning Of Daubert And What That Means For Forensic Science, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
Discovery In The Real World, Minna J. Kotkin
Discovery In The Real World, Minna J. Kotkin
Faculty Scholarship
No abstract provided.
Indiana Rules Of Evidence, Ivan E. Bodensteiner
Indiana Rules Of Evidence, Ivan E. Bodensteiner
Law Faculty Publications
No abstract provided.
Junk Science, Daubert, And Ohio Rule 702, Paul C. Giannelli
Junk Science, Daubert, And Ohio Rule 702, Paul C. Giannelli
Faculty Publications
No abstract provided.
Trances, Trials, And Tribulations; Symposium Comparing New York And Federal Evidence Law, Gary Shaw
Trances, Trials, And Tribulations; Symposium Comparing New York And Federal Evidence Law, Gary Shaw
Scholarly Works
A transcript of the author’s remarks at a 1994 symposium comparing New York and Federal Laws regarding hypnosis and witness testimony.
"Other Crimes" Evidence In Sex Offense Cases, Roger C. Park, David P. Bryden
"Other Crimes" Evidence In Sex Offense Cases, Roger C. Park, David P. Bryden
Faculty Scholarship
No abstract provided.
Controversial Science In The Courtroom: Daubert And The Law's Hubris, Paul S. Milich
Controversial Science In The Courtroom: Daubert And The Law's Hubris, Paul S. Milich
Faculty Publications By Year
No abstract provided.
The Consent Exception To The Warrant Requirement, H. Patrick Furman
The Consent Exception To The Warrant Requirement, H. Patrick Furman
Publications
No abstract provided.
Check Your Crystal Ball At The Courthouse Door, Please: Exploring The Past, Understanding The Present, And Worrying About The Future Of Scientific Evidence, David L. Faigman, Elise Porter, Michael J. Saks
Check Your Crystal Ball At The Courthouse Door, Please: Exploring The Past, Understanding The Present, And Worrying About The Future Of Scientific Evidence, David L. Faigman, Elise Porter, Michael J. Saks
Faculty Scholarship
No abstract provided.
Character Impeachment Evidence: The Asymmetrical Interaction Between Personality And Situation, Richard D. Friedman
Character Impeachment Evidence: The Asymmetrical Interaction Between Personality And Situation, Richard D. Friedman
Articles
In Part I of this Comment, I present a short version of my argument against the admissibility of character impeachment evidence of criminal defendants, showing how the key elements ofthis argument are present in Professor Uviller's own Article. In Part II, I suggest that, notwithstanding Professor Uviller's comments to the contrary, an asymmetrical result-never admitting character evidence to impeach criminal defendants but admitting such evidence in some circumstances to impeach other witnesses- is perfectly reasonable. Finally, in Part III, I contend that Professor Uviller's interesting judicial surveys support the solution I have proposed for the problem of character impeachment evidence.
Polygraph Evidence: Part Ii, Paul C. Giannelli
Polygraph Evidence: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
Supreme Court Rules On Statements Against Interest, The , Michael M. Martin
Supreme Court Rules On Statements Against Interest, The , Michael M. Martin
Faculty Scholarship
Reliability has been defined as "worthy of dependence" or "of proven consistency in producing satisfactory results." It is a common concept as well as a quality for which individuals search in their everyday transactions, such as purchasing a car or selecting an express delivery service. It similarly shapes the rules of evidence pertaining to hearsay. Beth common law and modem evidentiary codes ban the admission of extrajudicial statements offered to prove the truth of a matter asserted because they are not made under oath, in the presence of the trier of fact, and subject to cross-examination. Without these safeguards, the …
The Death And Transfiguration Of Frye, Richard D. Friedman
The Death And Transfiguration Of Frye, Richard D. Friedman
Articles
The rule of Frye v. United States was seventy years old, and had long dominated American law on the question of how well established a scientific principle must be for it to provide the basis for expert testimony. Even after the passage of the Federal Rules of Evidence, several of the federal circuits, as well as various states, purported to adhere to Frye's "general acceptance" standard. But now, unanimously, briefly, and with no apparent angst, the United States Supreme Court has held in Daubert v. Merrell Dow Pharmaceuticals, Inc. that the Frye rule is incompatible with the Federal Rules.
A Pragmatic Critique Of Modern Evidence Scholarship, Michael L. Seigel
A Pragmatic Critique Of Modern Evidence Scholarship, Michael L. Seigel
UF Law Faculty Publications
This Article contends that strict adherence to optimistic rationalism has blinded evidence scholars to the reality that the law of evidence is as indeterminate as all other areas of the law. At its core is not a single goal -- the attainment of truth -- but a number of important, complex, and, alas, competing considerations. Answers to questions concerning the appropriate configuration of evidence doctrine cannot be deduced from a unitary principle; indeed, they cannot be deduced at all. Rather, arguments about evidence doctrine must be conducted in the realm of "practical reason." Practical reason is the process through which …
Impeachment And Rehabilitation Under The Maryland Rules Of Evidence: An Attorney's Guide, Paul W. Grimm
Impeachment And Rehabilitation Under The Maryland Rules Of Evidence: An Attorney's Guide, Paul W. Grimm
Faculty Scholarship
No abstract provided.
Foreword: Do We Really Want To Know The Defendant?, Dale A. Nance
Foreword: Do We Really Want To Know The Defendant?, Dale A. Nance
Faculty Publications
Forward to the Symposium on the Admission of Prior Offense Evidence in Sexual Assualt Cases, Chicago, Illinois, 1994.
Confrontation Issues In Child Abuse Cases, Paul C. Giannelli
Confrontation Issues In Child Abuse Cases, Paul C. Giannelli
Faculty Publications
No abstract provided.
Polygraph Evidence: Part I, Paul C. Giannelli
Polygraph Evidence: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.