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Articles 1 - 20 of 20
Full-Text Articles in Evidence
Childist Objections, Youthful Relevance, And Evidence Reconceived, Mae C. Quinn
Childist Objections, Youthful Relevance, And Evidence Reconceived, Mae C. Quinn
Dickinson Law Review (2017-Present)
Evidence rules are written by and for adults. As a result, they largely lack the vantage point of youth and are rooted in arm’s-length assumptions about the lives and legal interests of young people. Moreover, because children have been mostly treated as evidentiary afterthoughts, they have been patched into the justice system and its procedures in a piecemeal fashion. Yet, to date, there has been no comprehensive scholarly critique of evidence principles and practices for failing to meaningfully account for youth. And the evidentiary intersection of youth and race has been almost entirely overlooked in legal scholarship. This Article, in …
Abid V. Abid, 133 Nev. Adv. Op. 94 (Dec. 7, 2017) (En Banc), Carmen Gilbert
Abid V. Abid, 133 Nev. Adv. Op. 94 (Dec. 7, 2017) (En Banc), Carmen Gilbert
Nevada Supreme Court Summaries
The Court held that the district court properly exercised its discretion in allowing illegally recorded conversations to be used by a court appointed child psychologist to evaluate a child’s welfare in a custody case.
He Loves Me? He Loves Me Not? He Wants To Keep Me From Testifying?, Cynthia Ford
He Loves Me? He Loves Me Not? He Wants To Keep Me From Testifying?, Cynthia Ford
Faculty Journal Articles & Other Writings
This article discusses spousal privilege as it exists in Montana.
La Declaración De La Parte Como Medio De Prueba, Felipe Marín Verdugo
La Declaración De La Parte Como Medio De Prueba, Felipe Marín Verdugo
Felipe Marín Verdugo
Chilean Family and Labor procedures went from a written procedure to a hearing-based procedure, but judges are still "thinking" within the written procedure scope. This paper identifies one of the consequences of this approach: they are wrongly excluding parties as witnesses. The paper will argue againt this practice.
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Post-Crawford: Time To Liberalize The Substantive Admissibility Of A Testifying Witness's Prior Consistent Statements, Lynn Mclain
Post-Crawford: Time To Liberalize The Substantive Admissibility Of A Testifying Witness's Prior Consistent Statements, Lynn Mclain
All Faculty Scholarship
The United States Supreme Court's 1995 decision in Tome v. United States has read Federal Rule of Evidence 801(d)(1)(B) to prevent the prosecution's offering a child abuse victim's prior consistent statements as substantive evidence. As a result of that decision, the statements will also be inadmissible even for the limited purpose of helping to evaluate the credibility of a child, if there is a serious risk that the out-of-court statements would be used on the issue of guilt or innocence.
Moreover, after the Court's March 2004 decision in Crawford v. Washington, which redesigned the landscape of Confrontation Clause analysis, other …
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
“Which One Of You Did It?” Criminal Liability For “Causing Or Allowing” The Death Of A Child, Lissa Griffin
“Which One Of You Did It?” Criminal Liability For “Causing Or Allowing” The Death Of A Child, Lissa Griffin
ExpressO
No abstract provided.
Evidence Issues In Domestic Violence Civil Cases, Jane C. Murphy, Jane H. Aiken
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 results in decisions …
The Psychotherapist - Patient Privilege In Child Placement: A Relevancy Analysis, Thomas F. Guernsey
The Psychotherapist - Patient Privilege In Child Placement: A Relevancy Analysis, Thomas F. Guernsey
Villanova Law Review
No abstract provided.
A Re-Evaluation Of The Privilege Against Adverse Spousal Testimony In The Light Of Its Purpose, Paul F. Rothstein
A Re-Evaluation Of The Privilege Against Adverse Spousal Testimony In The Light Of Its Purpose, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
The recent development in American federal criminal evidence law to be examined and compared with English law in this paper, is a new evolutionary turn taken by the husband-wife privilege against adverse spousal testimony, manifest in the Supreme Court decision of Wyatt v. United States. The House of Lords, in Rumping v. D.P.P., just decided, suggests that the English spousal privileges might be susceptible of similar development.
Abstracts Of Recent Cases, Charles Henry Rudolph Jr.
Abstracts Of Recent Cases, Charles Henry Rudolph Jr.
West Virginia Law Review
No abstract provided.
Contracts -- 1961 Tennessee Survey, Paul J. Hartman
Contracts -- 1961 Tennessee Survey, Paul J. Hartman
Vanderbilt Law Review
I. Offer and Acceptance--Notification of Acceptance Before Notification of Revocation--Duration of Offer with Fixed Expiration Date
II. Implied and Quasi Contract--Claim for Services Where Family Relationship Involved
III. Parol Evidence Rule--Application of Rule to Third Party Not a Party to the Written Instrument--Pre-existing Duty as Consideration
IV. Exculpatory Contracts--Contracting Against Liability for Consequences of Own Negligent Conduct
V. Agreement in Restraint of Trade-Agreement of Seller of Business Not to Compete--Enforcement of Restraint in Area Greater than Required to Protect Purchaser
Abstracts Of Recent Cases, T. E. P.
Abstracts Of Recent Cases, G. W. H. Jr.
Abstracts Of Recent Cases, G. W. H. Jr.
West Virginia Law Review
No abstract provided.
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Contracts--Ceiling Price Legislation--Effect upon Performance
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Evidence--Declarations against Interest--Third-Party Confessions
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Family Law--Loss of Consortium of the Parent--Right of Child to Recover Against a Negligent Defendant
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Federal Procedure--Statutory Construction--Meaning of "Mentally Incompetent"
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Income Taxation--Surrender of Lease--Capital Gain to Lessee
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Income Taxation--Taxable Stock Dividend--Treasury Stock Held for Investment
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Judgment--Suit to Vacate--Insufficient Allegations of Cruelty Void Divorce Decree
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Labor Law--Filing Requirements--Noncompliance at Time Charges Filed
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Municipal Corporations--Liability for Negligence--Operation of Swimming Pool for Profit
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Process--Constructive Service--Tort Action Arising Without State
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Torts--Res Ipsa Loquitur--Application To Disappearing Airplane
Evidence-Conclusiveness Of Evidence Of Exclusionary Results Of Blood Tests In Paternity Proceedings [Jordan V. Mace, Maine 1949]
Washington and Lee Law Review
No abstract provided.
Evidence-Privileged Communications-Husband And Wife
Evidence-Privileged Communications-Husband And Wife
Indiana Law Journal
No abstract provided.
Evidence--Admissibility Of A Son's Admissions Against His Father, J. E. W.
Evidence--Admissibility Of A Son's Admissions Against His Father, J. E. W.
West Virginia Law Review
No abstract provided.