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Full-Text Articles in Law
The Statutory Development Of The Parent-Child Privilege: Congress Responds To Kenneth Starr's Tactics, Shonah P. Jefferson
The Statutory Development Of The Parent-Child Privilege: Congress Responds To Kenneth Starr's Tactics, Shonah P. Jefferson
Georgia State University Law Review
No abstract provided.
Writing Contracts In The Client's Interest, James P. Nehf
Writing Contracts In The Client's Interest, James P. Nehf
South Carolina Law Review
No abstract provided.
When Your Rival Becomes Your Dance Partner: Mary Carter Agreements In Missouri Courts, Thomas G. Pirmantgen
When Your Rival Becomes Your Dance Partner: Mary Carter Agreements In Missouri Courts, Thomas G. Pirmantgen
Missouri Law Review
Mary Carter agreements2 occur when a plaintiff asserting liability against joint tortfeasors 3 enters into a settlement agreement with less than all of the defendants. The settling defendant, who remains a party at trial, obtains the possibility of offsetting her financial exposure depending on how much money the plaintiff recovers from the other defendants. These agreements pose a potential threat to the adversarial nature of the trial process. This threat is especially severe when the trier of fact is not apprised of the agreement.4 Although maintaining the adversarial character of judicial proceedings is a public policy deserving of protection, 5 …
Business Records Exception To The Hearsay Rule--New Is Not Necessarily Better, The, Sidney Kwestel
Business Records Exception To The Hearsay Rule--New Is Not Necessarily Better, The, Sidney Kwestel
Missouri Law Review
Among the most significant exceptions to the hearsay rule is the business records exception.' With roots in the common law,2 it is based on the premise that records made in the regular course of business are sufficiently reliable to justify admitting them as proof of the matters asserted in them without the safeguard of cross examination.3 Widespread acceptance of a codified business records exception followed a 1927 study4 that proposed such a statute (the Model Act)' and urged its passage by everyjurisdiction.6 Congress,7 as well as several
Whether The Federal Rules Of Evidence Should Be Conceived As A Perpetual Index Code: Blindness Is Worse Than Myopia, Edward J. Imwinkelried
Whether The Federal Rules Of Evidence Should Be Conceived As A Perpetual Index Code: Blindness Is Worse Than Myopia, Edward J. Imwinkelried
William & Mary Law Review
No abstract provided.
Evidence Myopia: The Failure To See The Federal Rules Of Evidence As A Codification Of The Common Law, Glen Weissenberger
Evidence Myopia: The Failure To See The Federal Rules Of Evidence As A Codification Of The Common Law, Glen Weissenberger
William & Mary Law Review
No abstract provided.
The Elusive Identity Of The Federal Rules Of Evidence, Glen Weissenberger
The Elusive Identity Of The Federal Rules Of Evidence, Glen Weissenberger
William & Mary Law Review
No abstract provided.
Conflicts Of Interest In Scientific Expert Testimony, Mark R. Patterson
Conflicts Of Interest In Scientific Expert Testimony, Mark R. Patterson
William & Mary Law Review
No abstract provided.
Expert Testimony: Seeking An Appropriate Admissibility Standard For Behavioral Science In Child Sexual Abuse Prosecutions, Dara Loren Steele
Expert Testimony: Seeking An Appropriate Admissibility Standard For Behavioral Science In Child Sexual Abuse Prosecutions, Dara Loren Steele
Duke Law Journal
No abstract provided.
The Use Of Expert Proofs In Complex Product Liability Litigation In New York: A Preliminary Consideration Of Varying Federal And New York State Approaches To Disclosure And Admissibility, Steven J. Phillips
Touro Law Review
No abstract provided.
Living A Lie: The Cost Of Qualified Immunity, Diana Hassel
Living A Lie: The Cost Of Qualified Immunity, Diana Hassel
Missouri Law Review
Throughout the modem civil rights era,' a silent struggle has been waged over civil liability for the violation of constitutional rights. The issues struggled with are what kinds of constitutional wrongs should be compensated and out of whose purse the damages should come. The mechanism for resolution of these issues has largely been the application of immunity defenses to civil rights remedies. A system of immunity defenses has been overlaid on the broad remedy provided by 42 U.S.C. § 1983 (hereinafter "Section 1983Y').2 A determination of the scope of the immunity defense-which government officials should get it and how much-has …
Should The Courts Incorporate A Best Evidence Rule Into The Standard Determining The Admissibility Of Scientific Testimony: Enough Is Enough Even When It Is Not The Best ?, Edward J. Imwinkelried
Should The Courts Incorporate A Best Evidence Rule Into The Standard Determining The Admissibility Of Scientific Testimony: Enough Is Enough Even When It Is Not The Best ?, Edward J. Imwinkelried
Case Western Reserve Law Review
No abstract provided.
Constitutional Protection For Conversations Between Therapists And Clients, Paul E. Salamanca
Constitutional Protection For Conversations Between Therapists And Clients, Paul E. Salamanca
Missouri Law Review
People have long perceived a connection between mental and even physical illness and spiritual anguish. Yet, modem culture tends to view both types of illness from an increasingly medical perspective, seeking a genetic or environmental explanation. In most cases, this "medical model" is probably the best approach, even if it is imperfect. First, the purely medical explanation may be accurate. Second, even if it is not accurate, treating the symptoms of a disease with a spiritual source is probably far easier than treating the source itself. Ultimately, however, we must take note that disease is often not the result of …
Missouri's Law On Admissibility Of Other Crimes Evidence: Increasing Inclusivity, Justin M. Dean
Missouri's Law On Admissibility Of Other Crimes Evidence: Increasing Inclusivity, Justin M. Dean
Missouri Law Review
Evidence of other crimes, or uncharged misconduct evidence as it is commonly called, has been important in many criminal trials, including such well-publicized trials as that of O.J. Simpson for murder and those of William Kennedy Smith and Mike Tyson for rape.2 Furthermore, this type of evidence is important because studies have shown that admission of uncharged misconduct evidence greatly increases the likelihood that a jury will find the defendant guilty.3 State v. Skillicorn4 presents a look at the current state of the law concerning admission of other crimes evidence in Missouri. The case illustrates the difficulty in applying current …
Agostini V. Felton: Shifting The Evidentiary Burden In Establishment Clause Challenges Back To The Plaintiff, Brian Saccenti
Agostini V. Felton: Shifting The Evidentiary Burden In Establishment Clause Challenges Back To The Plaintiff, Brian Saccenti
Maryland Law Review
No abstract provided.
Opening The Door But Keeping The Lights Off: Kumho Tire Co. V. Carmichael And The Applicability Of The Daubert Test To Nonscientific Evidence, K. Issac Devyver
Opening The Door But Keeping The Lights Off: Kumho Tire Co. V. Carmichael And The Applicability Of The Daubert Test To Nonscientific Evidence, K. Issac Devyver
Case Western Reserve Law Review
No abstract provided.
Texas Rule Of Evidence 503: Defining Scope Of Employment For Corporations Comment., Craig W. Saunders
Texas Rule Of Evidence 503: Defining Scope Of Employment For Corporations Comment., Craig W. Saunders
St. Mary's Law Journal
The attorney-corporate client privilege should be regarded as encompassing only communications made to the corporation’s counsel by employees in the scope of their employment. The Supreme Court of Texas and the Texas Court of Criminal Appeals ordered the merger of the Civil and Criminal Rules of Evidence. The merger became effective on March 1, 1998 and is now known as the Texas Rules of Evidence. Although the civil and criminal rules often mirror each other, one monumental change is in the new version of Rule 503. This new version significantly alters the analysis used in a corporate context and determines …