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- Burden of proof (2)
- Attenuation doctrine (1)
- Burden of persuasion (1)
- Burden of production (1)
- Caste (1)
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- Constitutional federalism (1)
- Defamation (1)
- Discrimination (1)
- ESI (1)
- Evidence Spoliation (1)
- FRCP 37(e) (1)
- Federal Court Discovery (1)
- Federal District Courts (1)
- First Amendment (1)
- Fruits and attenuation doctrines (1)
- Fruits doctrine (1)
- Fruits-attenuation doctrines (1)
- Information Preservation Duties (1)
- Irreplaceable ESI (1)
- Judicial federalism (1)
- Non-ESI (1)
- Online Dispute Resolution in India, Online Dispute Resolution in Indonesia, Information Technology Act ("IT Act"), 2008, Judicial Response, Constitutional Validity (1)
- Prior conviction impeachment; evidence; Federal Rules of Evidence; FRE 609; character for truthfulness; prosecution witness; crimina falsi; qualifying felony convictions; abolition; criminal system reform; criminal law; criminal justice system; criminal legal system (1)
- Race (1)
- Replaceable ESI (1)
- Spoliation (1)
- State Spoliation Claims (1)
- State supreme courts (1)
- Victims’ Rights; Victimology; Criminal Procedure; Criminal Law; Evidence; Restorative Justice; Law and Psychology; Judicial Decision-Making; Jury Decision-Making; criminal law; criminal justice system; criminal legal system (1)
Articles 1 - 7 of 7
Full-Text Articles in Evidence
An Analytical Study On Legal Validity Of Online Dispute Resolution (Odr) System In India And Indonesia, Dr Rahul Nikam, Bangkim Singh Nongthombam
An Analytical Study On Legal Validity Of Online Dispute Resolution (Odr) System In India And Indonesia, Dr Rahul Nikam, Bangkim Singh Nongthombam
Indonesia Law Review
Advancement in technology brought many inevitable changes with more efficiency, making human life easier. Benefit of technology shall be incorporated for effective and efficient justice delivery in dispute resolution mechanism. New development in this area is online arbitration dispute resolutions (ODR) which have been without doubt adopted and practices by justice delivery system across the globe. But the question remains the same as whether justice delivery system is equipped to cope up in the same pace with the changes taking place in the society and technology. Are the existing laws being enough to conduct online system as an effective mechanism …
What Are Victim Impact Statements For?, Susan A. Bandes
What Are Victim Impact Statements For?, Susan A. Bandes
Brooklyn Law Review
In Payne v. Tennessee, the US Supreme Court upheld the admission of victim impact statements (VIS) on the ground that they provide valuable information to the sentencer. In the three decades since, two additional rationales for VIS have become ascendant: most prominently, a therapeutic rationale, and more recently, a public education rationale. In this article, I expand upon my critiques of the informational and therapeutic rationales in light of a growing body of empirical evidence about how VIS affect both sentencers and crime victims. Focusing on the powerful and viral VIS delivered at the Larry Nassar guilty plea hearings and …
Defense Counsel’S Cross Purposes: Prior Conviction Impeachment Of Prosecution Witnesses, Anna Roberts
Defense Counsel’S Cross Purposes: Prior Conviction Impeachment Of Prosecution Witnesses, Anna Roberts
Brooklyn Law Review
A broad scholarly coalition supports the prohibition or diminution of the impeachment of criminal defendants with their convictions. Yet scholars should pay more attention to the flipside arrangement: impeachment of prosecution witnesses by defense counsel. First, because those engaged in reform efforts need to resolve the competing interests: constitutional arguments on behalf of the defense, but, on the other hand, concerns about a tool that (regardless of the nature of the witness) risks reinforcing biases and stereotypes. Second, because the impossibility of adequate resolution is itself important to note. Whether one considers the conflicting values of rule-makers deciding whether to …
Overhauling Rules Of Evidence In Pro Se Courts, Andrew C. Budzinski
Overhauling Rules Of Evidence In Pro Se Courts, Andrew C. Budzinski
University of Richmond Law Review
State civil courtrooms are packed to the brim with litigants, but not with lawyers. Since the early 1990s, more and more litigants in state courts have appeared without legal counsel. Pro se litigation has grown consistently and enormously over the past few decades. State court dockets are dominated by cases brought by unrepresented litigants, most often in domestic violence, family law, landlord-tenant, and small claims courts.
Yet, the American courtroom is not designed for use by those unrepresented litigants—it is designed for use by attorneys. The American civil court is built upon a foundation of dense procedural rules, thick tomes …
Proving Racism: Gibson Bros. Inc. V. Oberlin College And The Implications On Defamation Law, Liam H. Mcmillin
Proving Racism: Gibson Bros. Inc. V. Oberlin College And The Implications On Defamation Law, Liam H. Mcmillin
University of Cincinnati Law Review
No abstract provided.
State Spoliation Claims In Federal District Courts, Jeffrey A. Parness
State Spoliation Claims In Federal District Courts, Jeffrey A. Parness
Catholic University Law Review
The increasing amounts of electronically stored information (ESI) relevant to civil litigation, and the ease of their loss, caused federal lawmakers explicitly to address the possible consequences of certain pre-suit or post-suit ESI losses. These lawmakers acted in both 2006 and 2015 through Federal Civil Procedure (FRCP) 37(e). But they acted only on certain ESI. Their actions have prompted increasing attention to the significant risks of pre-suit and post-suit losses of all ESI, and of non-ESI, otherwise discoverable in civil actions. In addition, their actions have spurred increasing attention to the availability of substantive law claims involving spoliation of information …
Judicial Federalism And The Appropriate Role Of The State Supreme Courts: A 20-Year (2000–2020) Study Of These Courts’ Interest Evaluations Of The Fruits And The Attenuation Doctrines, Dannye R. Holley Mr.
Judicial Federalism And The Appropriate Role Of The State Supreme Courts: A 20-Year (2000–2020) Study Of These Courts’ Interest Evaluations Of The Fruits And The Attenuation Doctrines, Dannye R. Holley Mr.
St. Mary's Law Journal
The current composition of the United States Supreme Court increases the probability that the Court will be more likely to side with the government with respect to identifying, evaluating, and reconciling the interest of the government versus those of the people when issues of “policing” reach the high court. This opens the door for state supreme court to independently assess individually and collectively these seemingly competing interests and potentially provide greater protections to the interest of the people.
This Article is a twenty-year study of dozens of state supreme court decisions made during the period of 2000–2020. The decisions focused …