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Articles 1 - 30 of 41
Full-Text Articles in Law
United States V. Havens, Lewis F. Powell Jr.
United States V. Havens, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Payner, Lewis F. Powell Jr.
United States V. Payner, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Admission Of Polygraph Results: A Due Process Perspective, Thomas K. Downs
Admission Of Polygraph Results: A Due Process Perspective, Thomas K. Downs
Indiana Law Journal
No abstract provided.
The Defendant's Right To Independent Analysis Of The Breathalyzer Ampoule: The Probable Virginia Response, Anita L. Zuckerman
The Defendant's Right To Independent Analysis Of The Breathalyzer Ampoule: The Probable Virginia Response, Anita L. Zuckerman
William & Mary Law Review
No abstract provided.
Failure To Relate Exculpatory Story At Pretrial Hearings May Be Used By Prosecution To Impeach Defendant's Testimony At Trial., Stephen F. White
Failure To Relate Exculpatory Story At Pretrial Hearings May Be Used By Prosecution To Impeach Defendant's Testimony At Trial., Stephen F. White
St. Mary's Law Journal
Abstract Forthcoming.
Probability Theory Meets Res Ipsa Loquitur, David Kaye
Probability Theory Meets Res Ipsa Loquitur, David Kaye
Michigan Law Review
This Article uses probability theory normatively in an effort to clarify one aspect of the famous tort doctrine known as res ipsa loquitur. It does not urge that jurors be instructed in probability theory or be equipped with microprocessors. Rather, it seeks an accurate statement of the res ipsa doctrine in ordinary language. In particular, this Article will show that the conventional formulation of the doctrine is misleading at best, and should be replaced with a more careful statement of the conditions warranting the res ipsa inference. To this end, Section I briefly surveys the legal doctrine, or, more precisely, …
The Problem Of Similar Fact Evidence, C. R. Williams
The Problem Of Similar Fact Evidence, C. R. Williams
Dalhousie Law Journal
Similar fact evidence raises in a particularly acute form the conflict between two competing principles in the law of evidence. On the one hand, the principle that evidence of high probative value ought to be admitted. On the other, the principle that in criminal trials evidence possessing a significant potential for prejudice ought, in the interests of fairness, to be excluded. The expression "similar fact evidence" is here used broadly to refer to all evidence which shows that on some other occasion the accused acted in a way more or less similar to the way in which the prosecution alleges …
The Future Of Confrontation, Peter K. Westen
The Future Of Confrontation, Peter K. Westen
Michigan Law Review
The Supreme Court seems to be setting the stage for a long-awaited examination of the confrontation clause. It has been ten years since the Court endeavored in Dutton v. Evans to reconcile the evidentiary rules of hearsay with the constitutional commands of confrontation. Dutton came at the tail end of a string of confrontation cases that the Court had resolved without apparent difficulty. Not surprisingly, the Court approached Dutton in the evident belief that it could resolve the constitutional problems of hearsay once and for all. Instead, after oral argument in 1969 and a rehearing in 1970, the Court found …
Burdening The Fifth Amendment: Toward A Presumptive Barrier Theory, Mark Berger
Burdening The Fifth Amendment: Toward A Presumptive Barrier Theory, Mark Berger
Faculty Works
Judging how heavily the state may burden the decision to exercise or forego the fifth amendment privilege against self-incrimination is a concededly problematic undertaking. Nevertheless, the formulation of a standard is essential to ensure principled decision making. Unfortunately, however, the Supreme Court has thus far avoided the task. The decisions from the Warren era suggest in very broad language that any burden on the exercise of the right to remain silent is forbidden, while more recent rulings have barred only those penalties automatically imposed for assertions of the privilege. Neither extreme, however, represents a satisfactory resolution of the conflicting interests …
The Coconspirator's Statement: Evaluating Preliminary Questions Of Admissibility Under Rule 801(D)(2)(E)., William S. Sessions, Betsy Hall
The Coconspirator's Statement: Evaluating Preliminary Questions Of Admissibility Under Rule 801(D)(2)(E)., William S. Sessions, Betsy Hall
St. Mary's Law Journal
Abstract Forthcoming.
Survey Of Developments In West Virginia Law: 1978
Survey Of Developments In West Virginia Law: 1978
West Virginia Law Review
No abstract provided.
Present Sense Impressions: An Analysis And A Proposal, Teree E. Foster
Present Sense Impressions: An Analysis And A Proposal, Teree E. Foster
Loyola University Chicago Law Journal
No abstract provided.
The Doctor As Witness: Statements For Purposes Of Medical Diagnosis Or Treatment, William H. Theis
The Doctor As Witness: Statements For Purposes Of Medical Diagnosis Or Treatment, William H. Theis
Loyola University Chicago Law Journal
No abstract provided.
Impeachment By Past Conviction: What Hath Montgomery Wrought?, Robert G. Spector
Impeachment By Past Conviction: What Hath Montgomery Wrought?, Robert G. Spector
Loyola University Chicago Law Journal
No abstract provided.
Post-Accident Repairs And Offers Of Compromise: Shaping Exclusionary Rules To Public Policy, Ron Duplack
Post-Accident Repairs And Offers Of Compromise: Shaping Exclusionary Rules To Public Policy, Ron Duplack
Loyola University Chicago Law Journal
No abstract provided.
The Prior Inconsistent Statement: The Illinois Law And The Art, Leroy J. Tornquist
The Prior Inconsistent Statement: The Illinois Law And The Art, Leroy J. Tornquist
Loyola University Chicago Law Journal
No abstract provided.
Character Evidence In Illinois: Dissipating The Mist?, William R. Hogan
Character Evidence In Illinois: Dissipating The Mist?, William R. Hogan
Loyola University Chicago Law Journal
No abstract provided.
Judicial Intervention In Evidence, Iris Borin Schifeling
Judicial Intervention In Evidence, Iris Borin Schifeling
Loyola University Chicago Law Journal
No abstract provided.
Extrajudicial Admissions: Review And Re-Evaluation, Craig R. Culbertson
Extrajudicial Admissions: Review And Re-Evaluation, Craig R. Culbertson
Loyola University Chicago Law Journal
No abstract provided.
Probabilities And Proof: Can Hla And Blood Group Testing Prove Paternity?, David H. Kaye, Ira Mark Ellman
Probabilities And Proof: Can Hla And Blood Group Testing Prove Paternity?, David H. Kaye, Ira Mark Ellman
Journal Articles
Advancing medical technology has produced tests which offer the opportunity to resolve paternity disputes with more accuracy than unaided traditional evidentiary techniques are likely to obtain. Because the biology underlying the statistical evidence in paternity cases offers a wealth of previously unavailable information which is certain to revolutionize the adjudication of paternity suits, but it is important that the courts not become so mesmerized by these new sources of evidence that they neglect to subject them to traditional principles of evidence applicable to all testimony. Additionally, for some time scholars have disagreed on the proper application of a probability formula …
The Psychiatrist-Patient Privilege In Illinois, Robert Herst
The Psychiatrist-Patient Privilege In Illinois, Robert Herst
Loyola University Chicago Law Journal
No abstract provided.
The Psychological Stress Evaluator: The Theory, Validity And Legal Status Of An Innovative "Lie Detector", William H. Kenety
The Psychological Stress Evaluator: The Theory, Validity And Legal Status Of An Innovative "Lie Detector", William H. Kenety
Indiana Law Journal
No abstract provided.
Expert Testimony In Illinois, Andrew D. Eichner
Expert Testimony In Illinois, Andrew D. Eichner
Loyola University Chicago Law Journal
No abstract provided.
Residual Exception To The Hearsay Rule, David M. Weiner
Residual Exception To The Hearsay Rule, David M. Weiner
Loyola University Chicago Law Journal
No abstract provided.
The Psychologist As Expert Witness: Science In The Courtroom?
The Psychologist As Expert Witness: Science In The Courtroom?
Maryland Law Review
No abstract provided.
Parent-Child Privilege: Constitutional Right Or Specious Analogy?, Donald Cofer
Parent-Child Privilege: Constitutional Right Or Specious Analogy?, Donald Cofer
Seattle University Law Review
To avoid reaching incorrect verdicts as a result of insufficient evidence, courts generally require witnesses to testify to all relevant facts within their knowledge. Two important exceptions to this general rule, incompetency and privilege, rest on very different rationales. Developed at common law to exclude unreliable evidence, rules of competency disqualify certain untrustworthy witnesses from testifying. To promote extrinsic public policies, however, privileges excuse competent witnesses from providing what may be highly probative and reliable evidence. In the past decade there have been calls for legislative or judicial recognition of a parent-child privilege, similar to the marital privilege, that would …
Co-Conspirator Declarations: The Federal Rules Of Evidence And Other Recent Developments, From A Criminal Law Perspective, Paul Marcus
Faculty Publications
Perhaps the most important advantage available to a prosecutor in a criminal conspiracy case is the exception to the hearsay rule for co-conspirator declarations. The exception is widely used and is often a significant part of the government presentation. In essence, it provides that otherwise inadmissible hearsay declarations of coconspirators are admissible at trial against the defendant so long as they were made during the course and in furtherance of the conspiracy. The exception typically arises when an alleged co-conspirator declarant tells the witness (often an undercover police officer) all about the conspiracy, perhaps in the hope of attracting a …
Foreword: Illinois Evidence - The Question Of Codification, John Powers Crowley Honorable
Foreword: Illinois Evidence - The Question Of Codification, John Powers Crowley Honorable
Loyola University Chicago Law Journal
No abstract provided.
Privileges For Confidential Commuications In Illinois: Attorney-Client And Husband-Wife, Sara Elwood Cook
Privileges For Confidential Commuications In Illinois: Attorney-Client And Husband-Wife, Sara Elwood Cook
Loyola University Chicago Law Journal
No abstract provided.