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Full-Text Articles in Law

Challenges Facing Judges Regarding Expert Evidence In Criminal Cases, Paul W. Grimm Jan 2018

Challenges Facing Judges Regarding Expert Evidence In Criminal Cases, Paul W. Grimm

Faculty Scholarship

No abstract provided.


Electoral Evidence, Peter Nicolas Jan 2017

Electoral Evidence, Peter Nicolas

Articles

Each year, millions of Americans cast votes for specific candidates or on specific ballot measures. Each such vote generates potential "electoral evidence," the admissibility of which may be the subject of dispute in subsequent litigation. The evidence may take various forms, including the marked ballot itself, a voter's testimony regarding her vote, or her written or oral statements regarding her vote.

Electoral evidence is most commonly offered in litigation over the election outcome itself, with the parties seeking to determine how certain individuals voted to resolve a close election. However, its potential relevance is not limited to such proceedings. It …


A Match Made On Earth: Getting Real About Science And The Law, Susan Haack Jan 2013

A Match Made On Earth: Getting Real About Science And The Law, Susan Haack

Articles

Modern legal systems increasingly depend on scientific testimony; but they also need somehow to ensure, so far as possible, that fact-finders aren't misled by highly speculative, poorly-conducted, or dishonestly-presented science. The Critical Common-sensist understanding of science that the author has developed in Defending Science and elsewhere sheds some light on why these interactions between law and science have proven so problematic. But Ms. Acharya's approach to these difficult issues rests on a flawed conception of the supposed "scientific method, " and an idea of legal "legitimacy" too weak to bear the weight she places on it; and her claim that …


The Confrontation Clause And The Hearsay Rule: What Hearsay Exceptions Are Testimonial?, Paul W. Grimm, Jerome E. Deise, John R. Grimm Jan 2010

The Confrontation Clause And The Hearsay Rule: What Hearsay Exceptions Are Testimonial?, Paul W. Grimm, Jerome E. Deise, John R. Grimm

Faculty Scholarship

No abstract provided.


What's Wrong With Litigation-Driven Science? An Essay In Legal Epistemology, Susan Haack Jan 2008

What's Wrong With Litigation-Driven Science? An Essay In Legal Epistemology, Susan Haack

Articles

No abstract provided.


Of Truth, In Science And In Law, Susan Haack Jan 2008

Of Truth, In Science And In Law, Susan Haack

Articles

No abstract provided.


Should Judges Do Independent Research On Scientific Issues?, Edward K. Cheng Jan 2006

Should Judges Do Independent Research On Scientific Issues?, Edward K. Cheng

Vanderbilt Law School Faculty Publications

Judges are deeply divided about the issue of independent research, which goes to the heart of their roles and responsibilities in the legal system. To many judges, doing independent research when confronted with new and unfamiliar material seems the most responsible and natural thing to do. To others, it represents the worst kind of overreaching and a threat to long-cherished adversarial values. But whether one supports the practice or not, one thing is clear. The issue of independent research deserves far greater attention than it has so far from jurists, academics, and practitioners alike.


Gaining/Losing Perspective On The Law, Or Keeping Digital Evidence In Perspective, Christopher J. Buccafusco Jan 2004

Gaining/Losing Perspective On The Law, Or Keeping Digital Evidence In Perspective, Christopher J. Buccafusco

Faculty Scholarship

No abstract provided.


Admissibility Of Evidence In Virginia: A Manual For Virginia Trial Lawyers, 2nd Edition, Ronald J. Bacigal Jan 1998

Admissibility Of Evidence In Virginia: A Manual For Virginia Trial Lawyers, 2nd Edition, Ronald J. Bacigal

Law Faculty Publications

This book compiles statutory and case law dealing with the admissibility of evidence. An alphabetical format keyed into subject headings is utilized in order to facilitate quick, accurate access to cases and statutes which answer most basic evidentiary questions. We have also tried, where feasible, to use the language of the court or statute rather than our own interpretation. We believe this approach most usefully serves the purposes of providing a quick, authoritative answer. The format does not allow for extended theoretical discussion, nor does it purport to be an exhaustive survey of all relevant cases. The reader is encouraged …


Evidence Code: Relevancy, Charles W. Ehrhardt Aug 1973

Evidence Code: Relevancy, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.