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Articles 1 - 30 of 36
Full-Text Articles in Law
The Economic Analysis Of Evidence Law: Common Sense On Stilts, Richard O. Lempert
The Economic Analysis Of Evidence Law: Common Sense On Stilts, Richard O. Lempert
Articles
There was a time when the empire of Law was not overrun by economists. The economists had their own fiefdoms to be sure-there was the Duchy of Antitrust and the Kingdom of Regulatory Law-but the economists lived in peace within these borders, welcoming many unlike themselves into their midst, only gently proselytizing their students in the first few classes of a term, and swearing fealty to the law. It is true that a few marauders from beyond the borders saw the wealth of the empire and sought to colonize it, but even the most daring, Archbishop Coase and Duke Gary …
Compelled Statements From Police Officers And Garrity Immunity, Steven D. Clymer
Compelled Statements From Police Officers And Garrity Immunity, Steven D. Clymer
Cornell Law Faculty Publications
In this Article, Professor Steven Clymer describes the problem created when police departments require officers suspected of misconduct to answer internal affairs investigators' questions or face job termination. Relying on the Supreme Court's decision in Garrity v. New Jersey, courts treat such compelled statements as immunized testimony. That treatment not only renders such a statement inadmissible in a criminal prosecution of the suspect police officer, it also may require the prosecution to shoulder the daunting and sometimes insurmountable burden of demonstrating that its physical evidence, witness testimony, and strategic decisionmaking are untainted by the statement. Because police internal affairs …
Evidence And Trial Practice, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Evidence And Trial Practice, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Continuing Legal Education Materials
Materials from the conference on Evidence and Trial Practice held by UK/CLE in October 2001.
"Whodunit" Versus "What Was Done": When To Admit Character Evidence In Criminal Cases, Sherry F. Colb
"Whodunit" Versus "What Was Done": When To Admit Character Evidence In Criminal Cases, Sherry F. Colb
Cornell Law Faculty Publications
In virtually every jurisdiction in the United States, the law of evidence prohibits parties from offering proof of an individual's general character traits to suggest that, on a specific occasion, the individual behaved in a manner consistent with those traits. In a criminal trial in particular, the law prohibits a prosecutor's introduction of evidence about the defendant's character as proof of his guilt. In this Article, Professor Colb proposes that the exclusion of defendant character evidence is appropriate in one category of cases but inappropriate in another. In the first category, which Professor Colb calls "whodunit" cases, the parties agree …
Of Two Wrongs That Make A Right: Two Paradoxes Of The Evidence Law And Their Combined Economic Justification, Alex Stein
Of Two Wrongs That Make A Right: Two Paradoxes Of The Evidence Law And Their Combined Economic Justification, Alex Stein
Faculty Scholarship
No abstract provided.
Convicting The Innocent Beyond A Reasonable Doubt: Some Lessons About Jury Instructions From The Sheppard Case, Lawrence Solan
Convicting The Innocent Beyond A Reasonable Doubt: Some Lessons About Jury Instructions From The Sheppard Case, Lawrence Solan
Faculty Scholarship
No abstract provided.
Making The Grade: A Modest Extension Of Bush V. Gore, Roger C. Park
Making The Grade: A Modest Extension Of Bush V. Gore, Roger C. Park
Faculty Scholarship
No abstract provided.
Gatekeeping Stress: The Science And Admissibility Of Post-Traumatic Stress Disorder, Edgar Garcia-Rill, Erica Beecher-Monas
Gatekeeping Stress: The Science And Admissibility Of Post-Traumatic Stress Disorder, Edgar Garcia-Rill, Erica Beecher-Monas
Law Faculty Research Publications
No abstract provided.
Evidence: 1999-2000 Survey Of New York Law, Faust Rossi
Evidence: 1999-2000 Survey Of New York Law, Faust Rossi
Cornell Law Faculty Publications
No abstract provided.
Domestic Violence: Competing Conceptions Of Equality In The Law Of Evidence, Erica Beecher-Monas
Domestic Violence: Competing Conceptions Of Equality In The Law Of Evidence, Erica Beecher-Monas
Law Faculty Research Publications
No abstract provided.
Two Fallacies About Dna Data Banks For Law Enforcement, David H. Kaye
Two Fallacies About Dna Data Banks For Law Enforcement, David H. Kaye
Journal Articles
This commentary on the article Legal and Policy Issues in Expanding the Scope of Law Enforcement DNA Data Banks, 67 Brook. L. Rev. 127 (2001), by Mark Rothstein and Sandra Carnahan, argues that the case for confining law enforcement DNA databases to noncoding loci and to samples from individuals convicted of violent crimes is quite weak.
It describes alternative approaches, including the possibility of a population-wide database; the privacy implications of the loci now used in forensic identification; the law governing DNA dragnets; and the limits on DNA databases imposed by recent cases on searches and seizures. It notes the …
The Constitutionality Of Dna Sampling On Arrest, David H. Kaye
The Constitutionality Of Dna Sampling On Arrest, David H. Kaye
Journal Articles
Every state now collects DNA from people convicted of certain offenses. Law enforcement authorities promote offender DNA databanking on the theory that it will identify offenders who commit additional crimes while or probation or parole, or after they have finished serving their sentences. Even relatively small databases have yielded such dividends. As these database searches uncover the perpetrators of rapes, murders, and other offenses, the pressure builds to expand the coverage of the databases.
Recent proposals call for extending not merely the scope of crimes for which DNA databanking would be used, but also the point at which the samples …
The Dynamics Of Daubert: Methodology, Conclusions, And Fit In Statistical And Econometric Studies, David H. Kaye
The Dynamics Of Daubert: Methodology, Conclusions, And Fit In Statistical And Econometric Studies, David H. Kaye
Journal Articles
This paper reviews the development of the law governing the admissibility of statistical studies. It analyzes the leading cases on scientific evidence and suggests that both the "reliability" and the "general acceptance" standards raise two major difficulties - the "boundary problem" of identifying the type of evidence that warrants careful screening and the "usurpation problem" of keeping the trial judge from closing the gate on evidence that should be left for the jury to assess.
The paper proposes partial solutions to these problems, and it applies them to statistical and econometric proof, particularly in the context of a recent antitrust …
Choice And Boundary Problems In Logerquist, Hummert, And Kumho Tire, David H. Kaye
Choice And Boundary Problems In Logerquist, Hummert, And Kumho Tire, David H. Kaye
Journal Articles
This article, part of a symposium on the opinion of the Arizona Supreme Court in Logerquist v. McVey, questions that court’s rationales for refusing to apply heightened scrutiny to psychiatric testimony about the retrieval of repressed memories. It also challenges the court’s use of a “personal observations” exception to the heightened scrutiny standard of Frye v. United States. It proposes that a better solution to problems of scientific and expert evidence would be to adopt a sliding scale that attends to the use to which the evidence is put and the degree to which it has been shown to be …
Dna Typing: Emerging Or Neglected Issues, David H. Kaye, Edward J. Imwinkelried
Dna Typing: Emerging Or Neglected Issues, David H. Kaye, Edward J. Imwinkelried
Journal Articles
DNA typing has had a major impact on the criminal justice system. There are hundreds of opinions and thousands of cases dealing with DNA evidence. Yet, at virtually every stage of the process, there are important issues that are just emerging or that have been neglected.
At the investigative stage, courts have barely begun to focus on the legal limitations on the power of the police to obtain samples directly from suspects and to use the data from DNA samples in various ways. Issues such as the propriety of "DNA dragnets" (in which large numbers of individuals in a geographic …
Why Miranda Does Not Prevent Confessions: Some Lessons From Albert Camus, Arthur Miller And Oprah Winfrey, 51 Syracuse L. Rev. 863 (2001), Timothy P. O'Neill
Why Miranda Does Not Prevent Confessions: Some Lessons From Albert Camus, Arthur Miller And Oprah Winfrey, 51 Syracuse L. Rev. 863 (2001), Timothy P. O'Neill
UIC Law Open Access Faculty Scholarship
No abstract provided.
Confronting The Reluctant Accomplice, John G. Douglass
Confronting The Reluctant Accomplice, John G. Douglass
Law Faculty Publications
The Supreme Court treats the Confrontation Clause as a rule of evidence that excludes unreliable hearsay. But where the hearsay declarant is an accomplice who refuses to testify at defendant's trial, the Court's approach leads prosecutors and defendants to ignore real opportunities for confrontation, while they debate the reliability of hearsay. And even where the Court's doctrine excludes hearsay, it leads prosecutors to purchase the accomplice's testimony through a process that raises equally serious questions of reliability. Thus, the Court's approach promotes neither reliability nor confrontation. This Article advocates an approach that applies the Confrontation Clause to hearsay declarants in …
Post-Trilogy Science In The Courtroom: What Are The Judges Doing?, Lewis H. Larue, David S. Caudill
Post-Trilogy Science In The Courtroom: What Are The Judges Doing?, Lewis H. Larue, David S. Caudill
Scholarly Articles
Not available.
Grand Perspectives On Evidence Law, Roger C. Park
Grand Perspectives On Evidence Law, Roger C. Park
Faculty Scholarship
No abstract provided.
Constitutional Formalism And The Meaning Of Apprendi V. New Jersey, Benjamin Priester
Constitutional Formalism And The Meaning Of Apprendi V. New Jersey, Benjamin Priester
Journal Publications
In June 2000, the United States Supreme Court decided Apprendi v. New Jersey,' a case that likely will have a significant impact on the administration of criminal justice in federal and state courts. The Court imposed a procedural limitation on prosecutors by restricting the types of facts that may be proven at sentencing rather than at trial. Specifically, the Court adopted a constitutional principle that "any fact that increases the penalty for a crime beyond the prescribed statutory maximum" is an element of the offense of conviction. Under wellestablished constitutional doctrine, the Constitution's full procedural protections, especially the necessity of …
Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner
Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner
Faculty Scholarship
No abstract provided.
Tales Out Of School--Spillover Confessions And Against-Interest Statements Naming Others, Christopher B. Mueller
Tales Out Of School--Spillover Confessions And Against-Interest Statements Naming Others, Christopher B. Mueller
Publications
No abstract provided.
Scientific Evidence In Civil And Criminal Cases, Paul C. Giannelli
Scientific Evidence In Civil And Criminal Cases, Paul C. Giannelli
Faculty Publications
No abstract provided.
Hair Comparison Evidence, Paul C. Giannelli
Hair Comparison Evidence, Paul C. Giannelli
Faculty Publications
No abstract provided.
Miranda And Some Puzzles Of 'Prophylactic' Rules, Evan H. Caminker
Miranda And Some Puzzles Of 'Prophylactic' Rules, Evan H. Caminker
Articles
Constitutional law scholars have long observed that many doctrinal rules established by courts to protect constitutional rights seem to "overprotect" those rights, in the sense that they give greater protection to individuals than those rights, as abstractly understood, seem to require.' Such doctrinal rules are typically called "prophylactic" rules.2 Perhaps the most famous, or infamous, example of such a rule is Miranda v. Arizona,' in which the Supreme Court implemented the Fifth Amendment's privilege against self-incrimination4 with a detailed set of directions for law enforcement officers conducting custodial interrogations, colloquially called the Miranda warnings. 5
E' Is For Eclectic: Multiple Perspectives On Evidence (Symposium: New Perspectives On Evidence), Richard D. Friedman
E' Is For Eclectic: Multiple Perspectives On Evidence (Symposium: New Perspectives On Evidence), Richard D. Friedman
Articles
A conference titled "New Perspectives on Evidence: Experts, Empirical Study and Economics" has a pronounced alliterative theme, a theme made even more apparent when, inevitably in evidentiary discourse, epistemological questions come to the fore. It is enough to make one suspect that the conference is secretly brought to you by the letter "E," hiding behind its public front, the Olin Foundation. Putting aside such conspiratorial thoughts, all these "E's" suggest the presence of a meta-"E"-Eclecticism. Indeed, I believe this conference has demonstrated the need for an eclectic approach to evidentiary problems. That should be no surprise. The domain of evidentiary …
A Suggestion On Suggestion, Richard D. Friedman, Stephen J. Ceci
A Suggestion On Suggestion, Richard D. Friedman, Stephen J. Ceci
Articles
Part I of the full article briefly describes the history and current slate of research into children's suggestibility. In this part, we argue that, although psychological researchers disagree considerably over the degree to which he suggestibility of young children may lead to false allegations of sexual abuse, there is an overwhelming consensus that children are suggestible to a degree that, we believe, must be regarded as significant. In presenting this argument, we respond to the contentions of revisionist scholars, particularly those recently expressed by Professor Lyon. We show that there is good reason to believe the use of highly suggestive …
Character Evidence, Paul C. Giannelli
“Other Acts” Evidence: Part Ii, Paul C. Giannelli
“Other Acts” Evidence: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
Naturalized Epistemology And The Critique Of Evidence Theory, Dale A. Nance
Naturalized Epistemology And The Critique Of Evidence Theory, Dale A. Nance
Faculty Publications
In this article I give a mixed review Allen and Leiter’s naturalized epistemology theory of evidence. I applaud their focus on naturalized epistemology, but I question the claims that they argue follow from it. In some ways, my reaction is that they have not gone far enough in pressing its implications, and I attempt to suggest how further progress might be made along this path. On the whole, I conclude that the antipathy toward algrithms expressed by Allen and Leiter is misplaced.