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Articles 121 - 150 of 170
Full-Text Articles in Evidence
Pleading The Fifth: Record Custodians And The Act-Of-Production Doctrine, Amy Schlesinger Rich
Pleading The Fifth: Record Custodians And The Act-Of-Production Doctrine, Amy Schlesinger Rich
Cardozo Law Review
No abstract provided.
Media Access To Tape-Recorded Evidence In Criminal Trials, Lisa Kahaty Starczewski
Media Access To Tape-Recorded Evidence In Criminal Trials, Lisa Kahaty Starczewski
Villanova Law Review
No abstract provided.
Dismantling The Exclusionary Rule: United States V. Leon And The Courts Of Washington—Should Good Faith Excuse Bad Acts?, Catherine Cruikshank
Dismantling The Exclusionary Rule: United States V. Leon And The Courts Of Washington—Should Good Faith Excuse Bad Acts?, Catherine Cruikshank
Seattle University Law Review
This Note will review briefly the history of the exclusionary rule under fourth amendment jurisprudence, with special emphasis given to the purposes the rule has traditionally been thought to serve. The significance of the Leon decision then will be examined in light of the emergence in Washington of an interpretation of article I, section 7 that diverges from the Supreme Court's interpretations of the fourth amendment. This Note will conclude by discussing how article I, section 7 continues to embody the several purposes traditionally served by the exclusionary rule.
The Exclusionary Rule: A Disputation, Peter Lushing
The Exclusionary Rule: A Disputation, Peter Lushing
Cardozo Law Review
Four-thirty p.m.: the lawyer's decompression hour. Court has just adjourned. The belligerents and (dare we say it) a judge or two recuperate in saloons close by the courthouse; their families can wait. In one tavern, a rear booth is about to be occupied by Mark earnest young county prosecutor. Mark is on the verge of that time when a criminal lawyer begins to doubt the sanity of the system and, perforce, his own integrity. He will be joined by Sam, a born defense counsel. Sam secretly worships America's criminal justice system for its holy commitment to procedural regularity. He has …
Allen V. The United States Of America: The “Substantial” Connection Between Nuclear Fallout And Cancer, Daniel Swartzman, Tom Christoffel
Allen V. The United States Of America: The “Substantial” Connection Between Nuclear Fallout And Cancer, Daniel Swartzman, Tom Christoffel
Touro Law Review
No abstract provided.
Survey Of Washington Search And Seizure Law, Justice Robert F. Utter
Survey Of Washington Search And Seizure Law, Justice Robert F. Utter
Seattle University Law Review
This Survey is designed to assist lawyers and judges who must argue and resolve search and seizure issues in Washington State. The Survey summarizes the controlling state and federal cases on search and seizure law and uses as an additional reference W. LAFAVE, Search and Seizure: A Treatise on the Fourth Amendment (1978). Washington courts are likely to analyze future search and seizure issues under both the fourth amendment and Washington Constitution article I, section 7. The difference in wording between the two provisions is substantial, suggesting different degrees or types of privacy protection. This Survey summarizes the predominant treatment …
Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle
Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Constitutional Protection For Private Papers, Craig M. Bradley
Constitutional Protection For Private Papers, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
State V. Frazier, Lucinda Masterton
The Privilege Against Self-Incrimination In Civil Commitment Proceedings, Marianne Wesson
The Privilege Against Self-Incrimination In Civil Commitment Proceedings, Marianne Wesson
Publications
No abstract provided.
United States V. Payner, Lewis F. Powell Jr.
United States V. Payner, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
State Medical Malpractice Screening Panels In Federal Diversity Actions, Vincent C. Alexander
State Medical Malpractice Screening Panels In Federal Diversity Actions, Vincent C. Alexander
Faculty Publications
During the early 1970's, a medical malpractice crisis was perceived in the United States. An increasing number of costly and time-consuming lawsuits alleging medical malpractice against doctors, hospitals, and other health care providers caused malpractice insurers to raise premiums substantially, which in turn threatened to curtail the availability of adequate health care at reasonable cost. State legislatures responded to the crisis with a variety of substantive and procedural measures intended to reduce the number of litigated claims and the size of jury awards. One of the principal steps taken in a majority of states was the creation of extrajudicial panels …
"To Decide The Case At Hand": Benjamin N. Cardozo, Monrad G. Paulsen
"To Decide The Case At Hand": Benjamin N. Cardozo, Monrad G. Paulsen
Cardozo Law Review
No abstract provided.
Parent-Child Privilege: Constitutional Right Or Specious Analogy?, Donald Cofer
Parent-Child Privilege: Constitutional Right Or Specious Analogy?, Donald Cofer
Seattle University Law Review
To avoid reaching incorrect verdicts as a result of insufficient evidence, courts generally require witnesses to testify to all relevant facts within their knowledge. Two important exceptions to this general rule, incompetency and privilege, rest on very different rationales. Developed at common law to exclude unreliable evidence, rules of competency disqualify certain untrustworthy witnesses from testifying. To promote extrinsic public policies, however, privileges excuse competent witnesses from providing what may be highly probative and reliable evidence. In the past decade there have been calls for legislative or judicial recognition of a parent-child privilege, similar to the marital privilege, that would …
Commonwealth Of Massachusetts V. White, Lewis F. Powell Jr.
Commonwealth Of Massachusetts V. White, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Easy Cases, Bad Law, And Burdens Of Proof, Roger B. Dworkin
Easy Cases, Bad Law, And Burdens Of Proof, Roger B. Dworkin
Articles by Maurer Faculty
No abstract provided.
The Demise Of The Iron Curtain Statute, Denis James Lawler
The Demise Of The Iron Curtain Statute, Denis James Lawler
Villanova Law Review
No abstract provided.
Juveniles And Their Right To A Jury Trial, Timothy E. Foley
Juveniles And Their Right To A Jury Trial, Timothy E. Foley
Villanova Law Review
No abstract provided.
Recent Developments, Various Editors
Recent Developments, Various Editors
The Presently Expanding Concept Of Judicial Notice, Fortunata Giudice, C. William Kraft
The Presently Expanding Concept Of Judicial Notice, Fortunata Giudice, C. William Kraft
Villanova Law Review
No abstract provided.
The Drinking Driver: An Approach To Solving A Problem Of Underestimated Severity, David A. Scholl
The Drinking Driver: An Approach To Solving A Problem Of Underestimated Severity, David A. Scholl
Villanova Law Review
No abstract provided.
Constitutional Law - Search And Seizure - "Fruit Of Poisonous Tree" Doctrine - Jacobs V. Warden, 367 F.2d 321 (4th Cir. 1966), Gilbert A. Bartlett
Constitutional Law - Search And Seizure - "Fruit Of Poisonous Tree" Doctrine - Jacobs V. Warden, 367 F.2d 321 (4th Cir. 1966), Gilbert A. Bartlett
William & Mary Law Review
No abstract provided.
Constitutional Law - Admissibility Of Evidence - Reasonable Search And Seizure. Hawley V. Commonwealth, 206 Va. 479 (1965), Robert E. Scott
Constitutional Law - Admissibility Of Evidence - Reasonable Search And Seizure. Hawley V. Commonwealth, 206 Va. 479 (1965), Robert E. Scott
William & Mary Law Review
No abstract provided.
A New Constitutional Limit For Electronic Surveillance Cases, Allan Zaleski
A New Constitutional Limit For Electronic Surveillance Cases, Allan Zaleski
William & Mary Law Review
No abstract provided.
Proof By Confession, O. John Rogge
Constitutional Ramifications Of The Police Lineup, Thomas Edward Byrne, Marc B. Kaplin, Walter John Taggart
Constitutional Ramifications Of The Police Lineup, Thomas Edward Byrne, Marc B. Kaplin, Walter John Taggart
Villanova Law Review
No abstract provided.
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Antitrust Law--Violation of Section 7 of the Clayton Act by Joint Venture
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Civil Rights--Anti-discrimination Law as a Vehicle for a Private Civil Action
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Condemnation--Landowner Cannot Recover From Federal Government for Damages Caused Before Date of Taking Where Government Did Not Previously Contemplate, Condemning Property
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Constitutional Law--Loss of Nationality--Foreign Residency Statute Held Violative of Due Process
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Constitutional Law--Reapportionment--Both Houses of a State Legislature Must Be Based as Nearly as Is Practicable on Population
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Constitutional Law--Twenty-first Amendment--Scope of State Power Over Intoxicants Moving Within Its Borders
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Evidence--Statutory Presumptions--Reasonableness Is Implicit in Test of Rational Connection
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Abstracts Of Recent Cases, Charles Henry Rudolph Jr.
Abstracts Of Recent Cases, Charles Henry Rudolph Jr.
West Virginia Law Review
No abstract provided.
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Constitutional Law--Due Process--Duty of Non-Resident Vendor to Collect Use Tax
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Evidence--Criminal Law--Circumstantial Evidence Sufficient to Establish Corpus Delicti
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Evidence--Presumptions--Rebuttable Presumption Persists Until Trier of Fact Finds Nonexistence of Presumed Fact as Probable as its Existence
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Restraint of Trade--Sherman Act--Refusal to Sell as Unlawful Means of Effecting Price Maintenance
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Torts--Negligence--Vendor of Alcoholic Beverage to Intoxicated Minor Liable to Third Party