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2000

Evidence

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Full-Text Articles in Law

Now You See It, Now You Don't; A Georgia Perspective On Spoliation Of Evidence, Brooks Morel Dec 2000

Now You See It, Now You Don't; A Georgia Perspective On Spoliation Of Evidence, Brooks Morel

Georgia State University Law Review

No abstract provided.


Teaching First-Year Civil Procedure And Other Introductory Courses By The Problem Method, Stephen J. Shapiro Dec 2000

Teaching First-Year Civil Procedure And Other Introductory Courses By The Problem Method, Stephen J. Shapiro

All Faculty Scholarship

I have been teaching the first-year course in Civil Procedure for twenty years, first for five years at Ohio Northern University, and for the last fifteen years at the University of Baltimore, where I also teach a required second-year course in Evidence. When I first started teaching Civil Procedure, I used a fairly typical case method. I was never very happy with this approach for teaching a course in which one of my major goals was getting the students to learn to read, interpret and apply the Federal Rules of Civil Procedure (“Federal Rules”). Gradually, I began to develop sets ...


Has Wright Line Gone Wrong? Why Pretext Can Be Sufficient To Prove Discrimination Under The National Labor Relations Act,, Michael Hayes Oct 2000

Has Wright Line Gone Wrong? Why Pretext Can Be Sufficient To Prove Discrimination Under The National Labor Relations Act,, Michael Hayes

All Faculty Scholarship

Every year in the United States, thousands of employees are illegally fired for joining or supporting unions. These employees must bring their claims to the National Labor Relations Board (the “Board”), which applies its famous Wright Line standard to decide thousands of discrimination cases each year.

Probably the most common issue in labor discrimination cases is “pretext.” In virtually every case, an employer claims that it fired an employee not for an illegal anti-union motive, but for a legitimate business reason. The pretext issue arises when the evidence shows that the legitimate reason asserted by the employer was most likely ...


Having It All: Pleading Guilty Without Forfeiting The Right To Appeal, Gerald S. Reamey May 2000

Having It All: Pleading Guilty Without Forfeiting The Right To Appeal, Gerald S. Reamey

Faculty Articles

Pleading guilty and moving for an appeal of a pretrial suppression ruling has not been viewed as an efficient allocation of judicial resources. However, it is terribly inefficient to force the State to trial solely to preserve appeal rights on a pretrial objection. Attempts by courts and the legislature to balance these competing interests have produced a confusing and dangerous mix of contradictory rules.

Texas Rule of Appellate Procedure (TRAP) 25.2 is the latest iteration of such rules. Appeals may be taken following a negotiated guilty plea or nolo contendere plea, if “the substance of the appeal was raised ...


Evidentiary Considerations In Civil Cases, Lynn Mclain Mar 2000

Evidentiary Considerations In Civil Cases, Lynn Mclain

All Faculty Scholarship

Handout from a presentation at the Maryland Judicial Institute outlining character evidence and providing the text of the applicable Rules.


The New "Necessity Exception" To The Hearsay Rule In Georgia: A New Rule Of Inclusion?, Paul Vignos Mar 2000

The New "Necessity Exception" To The Hearsay Rule In Georgia: A New Rule Of Inclusion?, Paul Vignos

Georgia State University Law Review

No abstract provided.


The Problem Of Using Hearsay In Domestic Violence Cases: Is A New Exception The Answer?, Neal A. Hudders Feb 2000

The Problem Of Using Hearsay In Domestic Violence Cases: Is A New Exception The Answer?, Neal A. Hudders

Duke Law Journal

No abstract provided.


Balancing Hearsay And Criminal Discovery, John G. Douglass Jan 2000

Balancing Hearsay And Criminal Discovery, John G. Douglass

Law Faculty Publications

and prosecutors. Part I of this Article argues that the conventional theory of hearsaydiscovery balance does not reflect the reality of modem federal practice. An imbalance has arisen because, in the last quarter century, developments in the law of evidence and confrontation are at odds with developments-or one might say nondevelopments-in the law of criminal discovery. Since enactment of the Federal Rules of Evidence in 1975, both the law of evidence and modem Confrontation Clause doctrine have evolved toward broader admission of hearsay in criminal cases. Contrary to conventional theory, that evolution has at least matched-and probably has outpaced-the trend ...


Fashionable Genetic Explanations In The Courtroom: Litigating Personal Injuries Based On Genetic Risk, Jennifer Wriggins Jan 2000

Fashionable Genetic Explanations In The Courtroom: Litigating Personal Injuries Based On Genetic Risk, Jennifer Wriggins

Faculty Publications

New developments in molecular genetics hold much promise for society. Gene therapy research is underway with the aim of helping to fight, and perhaps even eliminate some diseases. DNA data can be used as evidence to help free innocent people and put guilty ones in jail. Agricultural biotechnology can make crops and pesticides more productive. And cloning may offer exciting potential. There is little doubt that further· developments in the areas of genetics and biotechnology will change our lives in unanticipated ways.

Despite the potential benefits to society, there exist valid and serious I concerns about the potential for misuse ...


When Science Is Too Daunting: Multiple Chemical Sensitivity, Federal Courts, And The Struggling Spirit Of Daubert, Carl H. Johnson Jan 2000

When Science Is Too Daunting: Multiple Chemical Sensitivity, Federal Courts, And The Struggling Spirit Of Daubert, Carl H. Johnson

Villanova Environmental Law Journal

No abstract provided.


Keeping The Reformist Spirit Alive In Evidence Law Tribute, Stephen A. Saltzburg, Edward J. Imwinkelried Jan 2000

Keeping The Reformist Spirit Alive In Evidence Law Tribute, Stephen A. Saltzburg, Edward J. Imwinkelried

Faculty Scholarship

No abstract provided.


Evidence Issues In Domestic Violence Civil Cases, Jane C. Murphy, Jane H. Aiken Jan 2000

Evidence Issues In Domestic Violence Civil Cases, Jane C. Murphy, Jane H. Aiken

All Faculty Scholarship

New laws and policies aimed at protecting victims of domestic violence have been adopted across the country over the last twenty years.The legal approaches taken to protect battered women and control family violence have resulted in significant changes in family law. New laws include statutes permitting civil protection or restraining orders, and laws requiring that domestic violence be considered in custody and/or visitation decisions. Both of these types of statutory reforms can provide protection to adult victims of domestic violence and their children. Evaluating a parent's fitness by considering past acts of violence to other family members ...


Prosecutor's Duty To Disclose Exculpatory Evidence, Lisa M. Kurcias Jan 2000

Prosecutor's Duty To Disclose Exculpatory Evidence, Lisa M. Kurcias

Fordham Law Review

No abstract provided.


Toward A Prudential And Credibility-Centered Parol Evidence Rule, Lawrence A. Cunningham Jan 2000

Toward A Prudential And Credibility-Centered Parol Evidence Rule, Lawrence A. Cunningham

Boston College Law School Faculty Papers

The most influential judicial voices on the parol evidence rule are Roger Traynor and Richard Posner. Traynor pieced together aspects of positions championed by the antipodal titans of contracts, Arthur Corbin and Samuel Williston. Posner cuts through tangled doctrinal webs to show how the unifying talisman of the doctrine is credibility. Everything in parol evidence rule doctrine, in this formulation, can be understood in terms of two categories of evidence: subjective and objective. While the Traynor composite blended aspects of the titans of contracts into an incoherent stew, the Posner composite unites the central theme of the titans' positions, holding ...


Joe Grano: The 'Kid From South Philly' Who Educated Us All (In Tribute To Joseph D. Grano), Yale Kamisar Jan 2000

Joe Grano: The 'Kid From South Philly' Who Educated Us All (In Tribute To Joseph D. Grano), Yale Kamisar

Articles

No serious student of police interrogation and confessions can write on the subject without building on Professor Joseph D. Grano's work or explaining why he or she disagrees with him (and doing so with considerable care). Nor is that all.


"Can (Did) Congress 'Overrule' Miranda?, Yale Kamisar Jan 2000

"Can (Did) Congress 'Overrule' Miranda?, Yale Kamisar

Articles

I think the great majority of judges, lawyers, and law professors would have concurred in Judge Friendly's remarks when he made them thirty-three years ago. To put it another way, I believe few would have had much confidence in the constitutionality of an anti-Miranda provision, usually known as § 3501 because of its designation under Title 18 of the United States Code, a provision of Title II of the Omnibus Crime Control and Safe Streets Act of 1968 (hereinafter referred to as the Crime Act or the Crime Bill), when that legislation was signed by the president on June 19 ...


Modifying The Kentucky Rules Of Evidence—A Separation Of Powers Issue, Robert G. Lawson Jan 2000

Modifying The Kentucky Rules Of Evidence—A Separation Of Powers Issue, Robert G. Lawson

Law Faculty Scholarly Articles

How do you modify laws that simultaneously exist as statutes and rules of court? For reasons that are described elsewhere and need not be repeated here, the Kentucky Rules of Evidence (K.R.E.) came into existence through concurrent enactment by the General Assembly and Kentucky Supreme Court and thus are endowed with all the attributes of both statutes and rules of court. So, how do you change them when the inevitable need to do so arises, a question made both interesting and difficult by the fact that there is no institutional mechanism for concurrent lawmaking by the General Assembly ...


Reply Essay: A Final Comment--The Importance Of The Procedural Framework, Edward J. Imwinkelried Jan 2000

Reply Essay: A Final Comment--The Importance Of The Procedural Framework, Edward J. Imwinkelried

Case Western Reserve Law Review

No abstract provided.


Insurance-Weight Of Evidence-Construction Of Policy-Proximate Cause Jan 2000

Insurance-Weight Of Evidence-Construction Of Policy-Proximate Cause

Indiana Law Journal

No abstract provided.


Recent Case Developments, Jeffrey W. Stempel Jan 2000

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance Law in the years 1999 and 2000.


New Developments In Scientific Evidence, Paul C. Giannelli Jan 2000

New Developments In Scientific Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.


Expert Qualifications: Traps For The Unwary, Paul C. Giannelli Jan 2000

Expert Qualifications: Traps For The Unwary, Paul C. Giannelli

Faculty Publications

No abstract provided.


Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz Jan 2000

Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz

Touro Law Review

No abstract provided.


Vehicle Searches – The Automobile Exception: The Constitutional Ride From Carroll V. United States To Wyoming V. Houghton, Martin L. O'Connor Jan 2000

Vehicle Searches – The Automobile Exception: The Constitutional Ride From Carroll V. United States To Wyoming V. Houghton, Martin L. O'Connor

Touro Law Review

No abstract provided.


Reply Essay: How Good Is Good Enough: Expert Evidence Under DauberT And Kumho, David L. Faigman, David H. Kaye, Michael J. Saks, Joseph Sanders Jan 2000

Reply Essay: How Good Is Good Enough: Expert Evidence Under DauberT And Kumho, David L. Faigman, David H. Kaye, Michael J. Saks, Joseph Sanders

Case Western Reserve Law Review

No abstract provided.


The Culpability, Or Mens Rea, "Defense" In Arkansas, J. Thomas Sullivan Jan 2000

The Culpability, Or Mens Rea, "Defense" In Arkansas, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


Two Cheers For The Department Of Justice's Eyewitness Evidence: A Guide For Law Enforcement, Donald P. Judges Dec 1999

Two Cheers For The Department Of Justice's Eyewitness Evidence: A Guide For Law Enforcement, Donald P. Judges

Donald P. Judges

Eyewitness testimony is among the most damning of all evidence that can be used in a court of law. When an eyewitness points a finger at a defendant and says, "He did it! I saw him. I was so shocked I'll never forget that face!" the case is as good as over. "Cast-iron, brass-bound, copperriveted, and airtight," as one prosecutor put it. The defendant sits helpless, without hope, eyes wide, fear turning into panic. Only someone who has been falsely accused of a crime he didn't commit can know just how devastating the experience can be. I once ...


The Right To Silence Helps The Innocent: A Game-Theoretic Analysis Of The Fifth Amendment Privilege, Alex Stein, Daniel Seidmann Dec 1999

The Right To Silence Helps The Innocent: A Game-Theoretic Analysis Of The Fifth Amendment Privilege, Alex Stein, Daniel Seidmann

Alex Stein

This Article develops a consequentialist game-theoretic perspective for understanding the right to silence. By applying this perspective, the Article reveals that the conventional perception of the right to silence, as impeding the search for truth and thus helping criminals alone, is mistaken. The Article demonstrates that the right to silence can help triers of fact to distinguish between factually innocent and guilty suspects and defendants. This is achieved by an important feature of the right to silence which this Article brings to the fore: a criminal's self-interested response to questioning can impose externalities (in the form of wrongful conviction ...