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1993

Evidence

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Articles 1 - 27 of 27

Full-Text Articles in Law

The Proper Role Of After-Acquired Evidence In Employment Discrimination Litigation, Rebecca White, Robert D. Brussack Dec 1993

The Proper Role Of After-Acquired Evidence In Employment Discrimination Litigation, Rebecca White, Robert D. Brussack

Scholarly Works

A new defense to employment discrimination claims has gained acceptance in the lower courts. Employers who allegedly have discriminated against their employees because of race, sex or age are winning judgments on the basis of after-acquired evidence of employee misconduct. The evidence is “after-acquired” in the sense that the misconduct was unknown to the employer at the time the alleged discrimination occurred but was acquired later, often through the use of discovery devices in the employee's discrimination action. Lower courts have accepted the proposition that if the employer would have discharged the plaintiff on the basis of the after-acquired ...


Inadequate Interpreting Services In Courts And The Rules Of Admissibility Of Testimony On Extrajudicial Interpretations, Beth G. Lindie Nov 1993

Inadequate Interpreting Services In Courts And The Rules Of Admissibility Of Testimony On Extrajudicial Interpretations, Beth G. Lindie

University of Miami Law Review

No abstract provided.


United States V. Salerno: An Examination Of Rule 804(B)(1), Judith M. Mercier Nov 1993

United States V. Salerno: An Examination Of Rule 804(B)(1), Judith M. Mercier

University of Miami Law Review

No abstract provided.


The Meaning Of "Bad Faith" Under The Exceptions To The Hearsay Rule, Peter F. Valori Nov 1993

The Meaning Of "Bad Faith" Under The Exceptions To The Hearsay Rule, Peter F. Valori

University of Miami Law Review

No abstract provided.


Admitting Confessions Of Codefendants: Has Lee V. Illinois Created An Additional Hearsay Exception?, Christine Noworyta Nov 1993

Admitting Confessions Of Codefendants: Has Lee V. Illinois Created An Additional Hearsay Exception?, Christine Noworyta

University of Miami Law Review

No abstract provided.


White V. Illinois And The "Hearsay Clause" Of The Sixth Amendment, Hansel M. Harlan Sep 1993

White V. Illinois And The "Hearsay Clause" Of The Sixth Amendment, Hansel M. Harlan

Louisiana Law Review

No abstract provided.


Procedural Choices In Regulatory Science, Sheila Jasanoff Mar 1993

Procedural Choices In Regulatory Science, Sheila Jasanoff

RISK: Health, Safety & Environment (1990-2002)

This paper compares four approaches to using science in regulatory decision making - one very similar to the Science Court proposal. Professor Jasanoff argues generally that that proposal would be less useful than procedures more sensitive to the distinctive characteristics of regulatory science.


Comparing Similarly Situated People In Disparate Treatment Cases, David G. Karro Jan 1993

Comparing Similarly Situated People In Disparate Treatment Cases, David G. Karro

David G. Karro

I wrote this in 1993 for paralegals and new attorneys who were having trouble understanding the concept of comparing similarly situated people in order to prove motive. Many lawyers and paralegals approach the topic mechanically, without any real conception of what makes a comparison of the treatment of people probative, or not probative, of intentional discrimination. Although fifteen years old as of the time of this writing (2008), I believe the approach remains valid and still has significant pedagogical value for newcomer to the area. The citations are also useful for lawyers under who need a quick way of getting ...


The Trial Judge As Gatekeeper For Scientific Evidence: Will Ohio Rule Of Evidence 102 Frustrate The Ohio Courts' Role Under Daubert V. Merrell Dow?, Chris Mcneil Jan 1993

The Trial Judge As Gatekeeper For Scientific Evidence: Will Ohio Rule Of Evidence 102 Frustrate The Ohio Courts' Role Under Daubert V. Merrell Dow?, Chris Mcneil

Christopher B. McNeil, J.D., Ph.D.

No abstract provided.


The Unanswered Questions Of Christophersen V. Allied-Signal Corp., Richard O. Faulk Jan 1993

The Unanswered Questions Of Christophersen V. Allied-Signal Corp., Richard O. Faulk

Villanova Environmental Law Journal

No abstract provided.


Against The Tyranny Of Paraphrase: Talking Back To Texts , Elizabeth Fajans, Mary R. Falk Jan 1993

Against The Tyranny Of Paraphrase: Talking Back To Texts , Elizabeth Fajans, Mary R. Falk

Cornell Law Review

No abstract provided.


“Junk Science”: The Criminal Cases, Paul C. Giannelli Jan 1993

“Junk Science”: The Criminal Cases, Paul C. Giannelli

Faculty Publications

No abstract provided.


Employee Misconduct And The Affirmative Defense Of After-Acquired Evidence, Gian Brown Jan 1993

Employee Misconduct And The Affirmative Defense Of After-Acquired Evidence, Gian Brown

Fordham Law Review

No abstract provided.


In Defense Of A Constitutional Theory Of Experts, Ronald L. Carlson Jan 1993

In Defense Of A Constitutional Theory Of Experts, Ronald L. Carlson

Scholarly Works

Professor Ronald Allen honors the memory of John Henry Wigmore on virtually every occasion in which he targets an aspect of evidence law for scholarly study. As Wigmore Professor of Law, Allen has consistently afforded modern evidence specialists some of the best in provocative theory as grist for review and discussion. He now places experts in his sights, and the results are no less stimulating.


The Common Law Theory Of Experts: Deference Or Education?, Joseph S. Miller, Ronald J. Allen Jan 1993

The Common Law Theory Of Experts: Deference Or Education?, Joseph S. Miller, Ronald J. Allen

Scholarly Works

What if witness testimony emerges from, or can only be understood by reference to, an experience that the fact finder lacks? Or what if the connection between what a witness says and the full import of what the witness means is so arcane that the chances are virtually zero that the jury will understand what the spoken words are intended to convey? Both cases arise surprisingly frequently in the trial of disputes. For example, the problem arises whenever a witness is not fluent in English, as it often does when the common practice of a business or trade plays a ...


Much Ado About Nothing - The Supreme Court Still Fails To Solve The General Acceptance Problem Regarding Expert Testimony And Scientific Evidence , Joseph B. Spero Jan 1993

Much Ado About Nothing - The Supreme Court Still Fails To Solve The General Acceptance Problem Regarding Expert Testimony And Scientific Evidence , Joseph B. Spero

Journal of Law and Health

This paper will discuss and analyze the problem of scientific evidence and expert testimony from Frye v. United States to the new grounds for admissibility established by the Supreme Court of the United States in Daubert v. Merrell Dow Pharmaceuticals, Inc. This note will specifically focus on some of the changes made by the courts to the common law rule and follow its transformation to a more liberal standard within the federal court system. The paper will conclude that the courts have not really changed their position on the admissibility of scientific evidence and that their current criteria still are ...


In Re Paoli Railroad Yard Pcb Litigation: The Jury's Role In Resolving The Battle Of The Experts, Joseph C. Kohn Jan 1993

In Re Paoli Railroad Yard Pcb Litigation: The Jury's Role In Resolving The Battle Of The Experts, Joseph C. Kohn

Villanova Environmental Law Journal

No abstract provided.


Comment Of An Expert: Biomarker Evidence Following Exposure To Pollutants, A. C. Zahalski, P.R. Mcconnachie Jan 1993

Comment Of An Expert: Biomarker Evidence Following Exposure To Pollutants, A. C. Zahalski, P.R. Mcconnachie

Villanova Environmental Law Journal

No abstract provided.


Deposing Expert Witnesses In Environmental Litigation, James B. Burns Jan 1993

Deposing Expert Witnesses In Environmental Litigation, James B. Burns

Villanova Environmental Law Journal

No abstract provided.


New York Evidentiary Foundations, Randolph N. Jonakait, H. Baer, E. S. Jones, E. Imwinkelried Jan 1993

New York Evidentiary Foundations, Randolph N. Jonakait, H. Baer, E. S. Jones, E. Imwinkelried

Books

This textbook illustrates how to apply New York Evidence law teaching the reader how to lay out the foundations for the introduction of items of evidence. This book adds to the abstract evidentiary doctrines that many law students study. It is designed to teach the reader both the doctrines of evidence as well as how to present the evidentiary foundations necessary for trying a case.

This edition is the first edition where Professor Randolph N. Jonakait was asked to revise the text to make it more useful to New Yorkers. New York attorneys especially need tailored evidence materials because New ...


Myself Alone: Individualizing Justice Through Psychological Character Evidence, Andrew E. Taslitz Jan 1993

Myself Alone: Individualizing Justice Through Psychological Character Evidence, Andrew E. Taslitz

Maryland Law Review

No abstract provided.


Credulous Courts And The Tortured Trilogy: The Improper Use Of Summary Judgment In Title Vii And Adea Cases, Ann C. Mcginley Jan 1993

Credulous Courts And The Tortured Trilogy: The Improper Use Of Summary Judgment In Title Vii And Adea Cases, Ann C. Mcginley

Scholarly Works

Civil rights are under siege. In mid-1989, the United States Supreme Court decided several cases that severely limit the civil rights claims and remedies available to a plaintiff claiming employment discrimination. This Article examines the gradual and continuing erosion of the factfinder's role in federal employment discrimination cases and its replacement by an increasing use of summary judgment through which the courts make pretrial determinations formerly reserved for the factfinder at trial. This trend not only represents a major shift in court procedure and, in the case of age discrimination claims, a transfer of power from juries to judges ...


Remaking Confrontation Clause And Hearsay Doctrine Under The Challenge Of Child Sexual Abuse Prosecutions, Robert P. Mosteller Jan 1993

Remaking Confrontation Clause And Hearsay Doctrine Under The Challenge Of Child Sexual Abuse Prosecutions, Robert P. Mosteller

Faculty Publications

No abstract provided.


Rape Trauma Syndrome & Child Sexual Abuse Syndrome, Paul C. Giannelli Jan 1993

Rape Trauma Syndrome & Child Sexual Abuse Syndrome, Paul C. Giannelli

Faculty Publications

No abstract provided.


Admissibility Of Expert Testimony On Child Sexual Abuse Accommodation Syndrome In Kentucky, Michele Meyer Mccarthy Jan 1993

Admissibility Of Expert Testimony On Child Sexual Abuse Accommodation Syndrome In Kentucky, Michele Meyer Mccarthy

Kentucky Law Journal

No abstract provided.


Reading Gaol Revisited: Admission Of Uncharged Misconduct Evidence In Sex Offender Cases, Thomas J. Reed Dec 1992

Reading Gaol Revisited: Admission Of Uncharged Misconduct Evidence In Sex Offender Cases, Thomas J. Reed

Thomas J Reed

No abstract provided.


Protecting Criminal Defendants' Rights When The Government Adduces Scientific Evidence: The Confrontation Clause And Other Alternatives─A Response To Professor Giannelli, James W. Diehm Dec 1992

Protecting Criminal Defendants' Rights When The Government Adduces Scientific Evidence: The Confrontation Clause And Other Alternatives─A Response To Professor Giannelli, James W. Diehm

James W. Diehm

In his article Professor Giannelli articulates quite clearly the confrontation issues that arise when the government seeks to introduce scientific evidence testimony in a criminal case." His work is helpful to our understanding of the problems that develop in the limited contexts of expert testimony and laboratory reports. It also provides valuable insights into the relationship between the Confrontation Clause and the hearsay rules. However, perhaps most important is the contribution that he makes to our understanding of the right of confrontation and our attempts to define that right and its limitations. While I find myself to be in general ...