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Full-Text Articles in Law
Be Not The First By Whom The New Are Tried, Nor Yet The Last To Lay The Old Aside: Is The Present Sense Impression Exception To The Rule Against Hearsay The Law Of Pennsylvania?, Robert Berkley Harper
Be Not The First By Whom The New Are Tried, Nor Yet The Last To Lay The Old Aside: Is The Present Sense Impression Exception To The Rule Against Hearsay The Law Of Pennsylvania?, Robert Berkley Harper
Scholarship
Pennsylvania has long been a common law jurisdiction as to the rules of evidence, but recently the courts have considered several modern views relating to the rules of evidence. One modern view of evidence considered by the state's supreme court is the present sense impression exception to the rule against hearsay. This exception was considered by the Supreme Court of Pennsylvania in 1974, but the decision left many questions as to the status and meaning of this new exception. The author traces the development of this new exception to the hearsay rule and makes recommendations as to clarifications that the …
The Pitfalls Of Empirical Research: Studying Faculty Publication Studies, David H. Kaye, Ira Mark Ellman
The Pitfalls Of Empirical Research: Studying Faculty Publication Studies, David H. Kaye, Ira Mark Ellman
Journal Articles
This article critiques empirical studies by attorneys in the hopes that they will be held to the minimal standards of research competence that are to be found in other academic fields which rely on empirical studies. Because law-trained scholars are notoriously weak at empirical research, this article identifies some of the methodological considerations that should inform empirical research. These fall into four broad categories: (1) problems of conceptualization, (2) problems of measurement, (3) problems of data presentation and analysis, and (4) problems of inference. This article examines all of these considerations in the context of an empirical survey done by …