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Articles 1 - 13 of 13

Full-Text Articles in Law

Evidence In A Difference Voice: Some Thoughts On Professor Jonakait's Critique Of A Feminist Approach, Aviva Orenstein Dec 1997

Evidence In A Difference Voice: Some Thoughts On Professor Jonakait's Critique Of A Feminist Approach, Aviva Orenstein

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Expert Witness And Jury Comprehension: An Expert’S Perspective, James S. Schutz Oct 1997

Expert Witness And Jury Comprehension: An Expert’S Perspective, James S. Schutz

Cornell Journal of Law and Public Policy

No abstract provided.


The Supreme Court's Decision To Recognize A Psychotherapist Privilege In Jaffee V. Redmond, 116 S. Ct. 1923 (1996): The Meaning Of The Term 'Experience' And The Role Of 'Reason' Under Federal Rule Of Evidence 501, Diane Marie Amann, Edward J. Imwinkelried Jul 1997

The Supreme Court's Decision To Recognize A Psychotherapist Privilege In Jaffee V. Redmond, 116 S. Ct. 1923 (1996): The Meaning Of The Term 'Experience' And The Role Of 'Reason' Under Federal Rule Of Evidence 501, Diane Marie Amann, Edward J. Imwinkelried

Scholarly Works

In Jaffee v. United States, 116 S. Ct. 1923 (1996), the U.S. Supreme Court recognized a testimonial privilege protecting the patient-psychotherapist relationship. Its decision is based on Rule 501 of the Federal Rules of Evidence, which permits courts to decide novel questions of privilege in the light of reason and experience. The Court held that this rule authorized not only recognition of a new privilege, but also a privilege of a broad scope, extending to relationships between patients and licensed clinical social workers. Its decision came as a mild surprise, given a widely shared assumption that Rule 501 creates a …


The Limits Of Cross-Examination, Richard H. Underwood Jul 1997

The Limits Of Cross-Examination, Richard H. Underwood

Law Faculty Scholarly Articles

In this article, the author compiles the history and methodology of cross-examination from ancient Greece to the modern era. The reality and ethics of cross-examination are explored through anecdotes and detailed histories.


Prior Bad Acts And Two Bad Rules: The Fundamental Unfairness Of Federal Rules Of Evidence 413 And 414, Jason L. Mccandless May 1997

Prior Bad Acts And Two Bad Rules: The Fundamental Unfairness Of Federal Rules Of Evidence 413 And 414, Jason L. Mccandless

William & Mary Bill of Rights Journal

This note presents a Due Process analysis of Federal Rules of Evidence 413 and 414. These rules, which took effect in July 1995, overturn the exclusionary requirements of Rule 404 exclusively in cases involving sexual assault and child molestation. The new rules allow similar crimes to serve as evidence for purposes other than those stated in Rule 404(b). Now, federal prosecutors may offer evidence of a defendant's prior uncharged sexual misconduct to demonstrate that the defendant committed the sex offense for which he currently is being charged. Rules 413 and 414 reevaluate the historic concern that evidence of prior acts …


Jaffee V. Redmond: Towards Recognition Of A Federal Counselor-Battered Woman Privilege, Fernando Laguarda, Michael B. Bressman Jan 1997

Jaffee V. Redmond: Towards Recognition Of A Federal Counselor-Battered Woman Privilege, Fernando Laguarda, Michael B. Bressman

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Moderating Investigative Lies By Disclosure And Documentation, Robert P. Mosteller Jan 1997

Moderating Investigative Lies By Disclosure And Documentation, Robert P. Mosteller

Faculty Publications

No abstract provided.


The Assessment Of Expertise: Transcending Construction, Randolph N. Jonakait Jan 1997

The Assessment Of Expertise: Transcending Construction, Randolph N. Jonakait

Santa Clara Law Review

No abstract provided.


The Admission Of Dna Evidence In State And Federal Courts, George Bundy Smith, Janet A. Gordon Jan 1997

The Admission Of Dna Evidence In State And Federal Courts, George Bundy Smith, Janet A. Gordon

Fordham Law Review

No abstract provided.


The In/Into Controversy: Lubet Misses The Point, J. Alexander Tanford Jan 1997

The In/Into Controversy: Lubet Misses The Point, J. Alexander Tanford

Articles by Maurer Faculty

No abstract provided.


Pink Elephants In The Rape Trial: The Problem Of Tort-Type Defenses In The Criminal Law Of Rape, Aya Gruber Jan 1997

Pink Elephants In The Rape Trial: The Problem Of Tort-Type Defenses In The Criminal Law Of Rape, Aya Gruber

Publications

No abstract provided.


The Character Evidence Defense: Acquittal Based On Good Character, Thomas J. Reed Dec 1996

The Character Evidence Defense: Acquittal Based On Good Character, Thomas J. Reed

Thomas J Reed

No abstract provided.


Statements Against Interest, Reliability, And The Confrontation Clause, John J. Capowski Dec 1996

Statements Against Interest, Reliability, And The Confrontation Clause, John J. Capowski

John J. Capowski

No abstract provided.