Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Evidence (15)
- Courts (7)
- Constitutional Law (6)
- Criminal Law (4)
- Fourth Amendment (3)
-
- Criminal Procedure (2)
- Civil Rights and Discrimination (1)
- Comparative and Foreign Law (1)
- European Law (1)
- First Amendment (1)
- International Law (1)
- Judges (1)
- Jurisprudence (1)
- Law Enforcement and Corrections (1)
- Law and Psychology (1)
- Law and Race (1)
- Litigation (1)
- State and Local Government Law (1)
- Torts (1)
- Institution
-
- Touro University Jacob D. Fuchsberg Law Center (9)
- Duke Law (7)
- William & Mary Law School (3)
- University of Colorado Law School (2)
- University of Oklahoma College of Law (2)
-
- Case Western Reserve University School of Law (1)
- Cornell University Law School (1)
- Georgia State University College of Law (1)
- Northern Illinois University (1)
- Santa Clara Law (1)
- University of Kentucky (1)
- University of Missouri-Kansas City School of Law (1)
- University of North Carolina School of Law (1)
- University of South Carolina (1)
- Vanderbilt University Law School (1)
- Widener University Delaware Law School (1)
- Publication
-
- Touro Law Review (8)
- Law and Contemporary Problems (7)
- Faculty Publications (3)
- Oklahoma Law Review (2)
- Publications (2)
-
- Cornell Law Review (1)
- Faculty Works (1)
- Georgia State University Law Review (1)
- Kentucky Law Journal (1)
- Library Staff Publications (1)
- Northern Illinois University Law Review (1)
- Santa Clara Law Review (1)
- Scholarly Works (1)
- South Carolina Law Review (1)
- Thomas J Reed (1)
- Vanderbilt Law School Faculty Publications (1)
- William & Mary Bill of Rights Journal (1)
- Publication Type
Articles 1 - 30 of 34
Full-Text Articles in Law
Relevance Ratio: Evaluating The Probative Value Of Expert Testimony In Child Sexual Abuse Cases , Thomas D. Lyon, Jonathan J. Koehler
Relevance Ratio: Evaluating The Probative Value Of Expert Testimony In Child Sexual Abuse Cases , Thomas D. Lyon, Jonathan J. Koehler
Cornell Law Review
No abstract provided.
Evidence, Ansley B. Askins
Judicially Compelled Disclosure Of Researchers’ Data: A Judge’S View, Barbara B. Crabb
Judicially Compelled Disclosure Of Researchers’ Data: A Judge’S View, Barbara B. Crabb
Law and Contemporary Problems
Crabb looks at the approach one court has established to balance the demands of the legal system with the legitimate concerns of researchers.
Research And Its Revelation: When Should Courts Compel Disclosure, Bert Black
Research And Its Revelation: When Should Courts Compel Disclosure, Bert Black
Law and Contemporary Problems
The best hope for improving the resolution of disputes concerning disclosing research is for lawyers to present the research and litigation issues clearly and for courts to develop a "keener sense" for the area of expertise involved.
Reluctant Experts, Paul D. Carrington, Traci L. Jones
Reluctant Experts, Paul D. Carrington, Traci L. Jones
Law and Contemporary Problems
Two duties arising under Rule 45 and related provisions of the Federal Rules of Civil Procedures, including the duty of a scientific or technical expert not retained by a party to testify to an opinion on a disputed scientific or technical issue, are discussed.
Researcher’S Reactions To Compelled Disclosure Of Scientific Information, Elizabeth C. Wiggins, Judith A. Mckenna
Researcher’S Reactions To Compelled Disclosure Of Scientific Information, Elizabeth C. Wiggins, Judith A. Mckenna
Law and Contemporary Problems
Demands placed on researchers by subpoenas for scientific information are not necessarily any greater than those placed on other third-party recipients of subpoenas.
Science And Subpoenas: When Do The Courts Become Instruments Of Manipulation?, Paul M. Fischer
Science And Subpoenas: When Do The Courts Become Instruments Of Manipulation?, Paul M. Fischer
Law and Contemporary Problems
Fischer says he believes that the uneasy relationship between law and science is likely to continue regarding disclosure of scientific research materials.
Compelled Disclosure Of Scholarly Research: Some Comments On “High Stakes Litigation”, J. Steven Picou
Compelled Disclosure Of Scholarly Research: Some Comments On “High Stakes Litigation”, J. Steven Picou
Law and Contemporary Problems
Resisting compelled disclosure in court will continue to be at best a tenuous and uncertain journey for researchers who have been subpoenaed.
A Researcher’S Privilege: Does Any Hope Remain?, Robert M. O'Neil
A Researcher’S Privilege: Does Any Hope Remain?, Robert M. O'Neil
Law and Contemporary Problems
No abstract provided.
Accomplices' Confessions And The Confrontation Clause, Welsh S. White
Accomplices' Confessions And The Confrontation Clause, Welsh S. White
William & Mary Bill of Rights Journal
The admissibility of an accomplice's confession against a criminal defendant has long been a subject of concern in Anglo-American law. The Supreme Court has held that accomplices' confessions to the police are presumptively unreliable under the Confrontation Clause, without clearly expressing what facts would lend to the reliability of such statements. However, Professor White argues that in Williamson v. United States, the Court adopted an empirical framework that will make such confessions more likely to be admissible against an accused.
In this Article, Professor White first explores the traditional skepticism towards accomplices' confessions and explains the nature of the current …
The Future Of The Exclusionary Rule: An Alternative Analysis For The Adjudication Of Individual Rights, Benjamin A. Swift
The Future Of The Exclusionary Rule: An Alternative Analysis For The Adjudication Of Individual Rights, Benjamin A. Swift
Northern Illinois University Law Review
The benefits accrued through the use of computer and technological advances unfortunately sometimes infringe upon personal liberties. This comment examines the range and scope of the Exclusionary Rule in those instances when computer or technological errors supply improper evidence about individuals to police. The author focuses on the Supreme Court decision in United States v. Evans, and then places Evans in its context in criminal procedure jurisprudence.
Windfall Analysis: A New Look At Uncharged Conduct Evidence, David J. Achtenberg
Windfall Analysis: A New Look At Uncharged Conduct Evidence, David J. Achtenberg
Faculty Works
In criminal cases, the prosecution frequently offers evidence of uncharged conduct (usually prior criminal activity), claiming that it will tend to prove the mens rea element of the charged offense. When such an offer is made, Rule 404(b) of the Federal Rules of Evidence (FRE) creates a dilemma for the trial court. On the one hand, the rule forbids the introduction of uncharged conduct evidence (UCE) for one purpose: proof of a person's character in order to show that the person acted in conformity with that character trait on a particular occasion. On the other hand, it permits the introduction …
Book Review Of Courtoom Handbook On Federal Evidence, James S. Heller
Book Review Of Courtoom Handbook On Federal Evidence, James S. Heller
Library Staff Publications
No abstract provided.
Syndromes And Politics In Criminal Trials And Evidence Law, Robert P. Mosteller
Syndromes And Politics In Criminal Trials And Evidence Law, Robert P. Mosteller
Faculty Publications
No abstract provided.
Currency Contamination And Drug-Sniffing Canines: Should Any Evidentiary Value Be Attached To A Dog's Alert On Cash?, Andy G. Rickman
Currency Contamination And Drug-Sniffing Canines: Should Any Evidentiary Value Be Attached To A Dog's Alert On Cash?, Andy G. Rickman
Kentucky Law Journal
No abstract provided.
The Futile Fifth Step: Compulsory Disclosure Of Confidential Communications Among Alcoholics Anonymous Members, Thomas J. Reed
The Futile Fifth Step: Compulsory Disclosure Of Confidential Communications Among Alcoholics Anonymous Members, Thomas J. Reed
Thomas J Reed
No abstract provided.
Rule 609: Impeachment By Evidence Of Conviction Of Crime
Rule 609: Impeachment By Evidence Of Conviction Of Crime
Touro Law Review
No abstract provided.
Rule 801(D)(1): Prior Statement By Witness
Post-Daubert Confusion With Expert Testimony, Michael C. Polentz
Post-Daubert Confusion With Expert Testimony, Michael C. Polentz
Santa Clara Law Review
No abstract provided.
Testilying: Police Perjury And What To Do About It, Christopher Slobogin
Testilying: Police Perjury And What To Do About It, Christopher Slobogin
Vanderbilt Law School Faculty Publications
Police, like people generally, lie in all sorts of contexts for all sorts of reasons. This article has focused on police lying designed to convict individuals the police think are guilty. Strong measures are needed to reduce the powerful incentives to practice such testilying and the reluctance of prosecutors and judges to do anything about it. Among them might be the adoption of rewards for truth telling, the redefinition of probable cause, and the elimination of the exclusionary rule and its insidious effect on the resolve of legal actors to implement the commands of the Constitution. Ultimately, however, the various …
That's My Story And I'M Stickin' To It: The Jury As Fifth Business In The Trial Of O.J. Simpson And Other Matters, Marianne Wesson
That's My Story And I'M Stickin' To It: The Jury As Fifth Business In The Trial Of O.J. Simpson And Other Matters, Marianne Wesson
Publications
No abstract provided.
Rule 408: Compromise And Offers To Compromise
Rule 901: Requirement Of Authentication Or Identification
Rule 901: Requirement Of Authentication Or Identification
Touro Law Review
No abstract provided.
Computer Generated Visual Evidence: Does Daubert Make A Difference?, Carole E. Powell
Computer Generated Visual Evidence: Does Daubert Make A Difference?, Carole E. Powell
Georgia State University Law Review
No abstract provided.
Evidence: Taylor V. State--Oklahoma Abandons The Frye Test And Forces Its State Court Judges To Enter The Twilight Zone, Paige Queen
Oklahoma Law Review
No abstract provided.
Rule 803(8)(C): Public Records And Reports
"Other Accident" Evidence In Product Liability Actions: Highly Probative Or An Accident Waiting To Happen?, Robert A. Sachs
"Other Accident" Evidence In Product Liability Actions: Highly Probative Or An Accident Waiting To Happen?, Robert A. Sachs
Oklahoma Law Review
No abstract provided.