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Articles 91 - 117 of 117
Full-Text Articles in Evidence
Neuroimaging Evidence: A Solution To The Problem Of Proving Pain And Suffering?, Brady Somers
Neuroimaging Evidence: A Solution To The Problem Of Proving Pain And Suffering?, Brady Somers
Seattle University Law Review
Envision a plaintiff who was injured on the job at a construction site due to his employer’s negligence. The plaintiff has chronic back pain, but it is not verifiable on an X-ray, nor is a physical injury readily discernible by any other technology. Presently, fact finders are given the broad discretion to decide whether they find this plaintiff credible, and accordingly, whether they believe he is truly in pain and deserves damages for pain and suffering. However, neuroimaging—specifically functional magnetic resonance imaging (fMRI)—could allow those fact finders to visualize whether this plaintiff was hurting by depicting the unique signatures that …
Dna Storage Banks: The Importance Of Preserving Dna Evidence To Allow For Transparency And The Preservation Of Justice, Cristina Martin
Dna Storage Banks: The Importance Of Preserving Dna Evidence To Allow For Transparency And The Preservation Of Justice, Cristina Martin
Chicago-Kent Law Review
What is the duty to preserve information in today’s society? In order for humanity to evolve, change and flourish in the future, society needs to preserve its information from the past. In the criminal justice field, preservation of evidence has special significance. DNA evidence in particular has become a helpful aid for innocent defendants who have been improperly imprisoned. Over the past twenty years, the number of exonerations of imprisoned criminal defendants has increased dramatically. With the advancement of technology, old, previously untestable or improperly tested DNA evidence will need to be retested. However, most states do not have proper …
The Cost Of Evidence: Examining The Fda's Treatment Of Critically-Needed Drugs From An Ex Ante Perspective, Julie Dorais J.D., M.P.H.
The Cost Of Evidence: Examining The Fda's Treatment Of Critically-Needed Drugs From An Ex Ante Perspective, Julie Dorais J.D., M.P.H.
North Carolina Central University Science & Intellectual Property Law Review
No abstract provided.
Diagnosis Dangerous: Why State Licensing Boards Should Step In To Prevent Mental Health Practitioners From Speculating Beyond The Scope Of Professional Standards, Jennifer S. Bard
Diagnosis Dangerous: Why State Licensing Boards Should Step In To Prevent Mental Health Practitioners From Speculating Beyond The Scope Of Professional Standards, Jennifer S. Bard
Utah Law Review
This Article reviews the use of mental health experts to provide testimony on the future dangerousness of individuals who have already been convicted of a crime that qualifies them for the death penalty. Although this practice is common in many states that still retain the death penalty, it most frequently occurs in Texas because of a statute that makes it mandatory for juries to determine the future dangerousness of the defendant they have just found guilty. Both the American Psychiatric Association and the American Psychological Association have protested the use of mental health professionals in this setting because there are …
Comments: Hipaa Confusion: How The Privacy Rule Authorizes "Informal" Discovery, Myles J. Poster
Comments: Hipaa Confusion: How The Privacy Rule Authorizes "Informal" Discovery, Myles J. Poster
University of Baltimore Law Review
No abstract provided.
Workers Compensation: Presenting Medical Evidence In Heart Cases, Gerald J. Haas, Lowell A. Reed Jr, Irvin Stander
Workers Compensation: Presenting Medical Evidence In Heart Cases, Gerald J. Haas, Lowell A. Reed Jr, Irvin Stander
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Hipaa As An Evidentiary Rule: An Analysis Of Miguel M. And Its Impact , Jennifer Clark
Hipaa As An Evidentiary Rule: An Analysis Of Miguel M. And Its Impact , Jennifer Clark
Journal of Law and Health
In New York suppression of evidence is only appropriate where constitutional, statutory, or decisional authority mandates it, even if obtained by unethical or unlawful means. The courts have been split on how to apply this standard to evidence obtained in violation of HIPAA. In the case In re Miguel M., the New York Court of Appeals addressed this question for the first time, finding that such evidence should be suppressed. Because it is the first authoritative case in New York addressing the evidentiary impact of a HIPAA violation, it is tempting to read Miguel M. as creating a new evidentiary …
Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff
Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff
Pepperdine Law Review
No abstract provided.
United States V. Diaz: The Gap Between Medication And Restoration, Bryson Mccollum
United States V. Diaz: The Gap Between Medication And Restoration, Bryson Mccollum
Mercer Law Review
In United States v. Diaz, the United States Court of Appeals for the Eleventh Circuit, in a case of first impression, determined whether the state met its burden in applying the United States Supreme Court's test articulated in Sell v. United States, to involuntarily medicate an incompetent, schizophrenic defendant. Based on the Sell test that was established in 2003, the court of appeals had to determine which evidentiary findings were sufficient to meet the clear and convincing evidence standard allowing the State of Georgia to forcibly medicate the appellant, Michael Diaz. The court of appeals found no clear …
Should Statements Made By Patients During Psychotherapy Fall Within The Medical Treatment Hearsay Exception? An Interdisciplinary Critique, 41 J. Marshall L. Rev. 1 (2007), Philip K. Hamilton
Should Statements Made By Patients During Psychotherapy Fall Within The Medical Treatment Hearsay Exception? An Interdisciplinary Critique, 41 J. Marshall L. Rev. 1 (2007), Philip K. Hamilton
UIC Law Review
No abstract provided.
Ohio's Patient-Physician Privilege: Whether Planned Parenthood Is A Protected Party, Melissa O'Neill
Ohio's Patient-Physician Privilege: Whether Planned Parenthood Is A Protected Party, Melissa O'Neill
Journal of Law and Health
This article will suggest that under Ohio's patient-physician privilege, the results of pregnancy tests that are administered at Planned Parenthood clinics will not be considered privileged or confidential information, unless the test is administered by a physician and is later used by a physician in treatment of the woman. In particular, this article will briefly examine the history of a right to medical privacy, the development of the patient-physician privilege and the origin of Planned Parenthood . The notion of very intimate details of a person's health, including diseases, conditions, diagnoses and prognoses being readily available to whoever would like …
When Revoking Privilege Leads To Invoking Privilege: Whether There Is A Need To Recognize A Clearly Defined Medical Peer Review Privilege In Virmani V. Novant Health Inc., Teresa L. Salamon
When Revoking Privilege Leads To Invoking Privilege: Whether There Is A Need To Recognize A Clearly Defined Medical Peer Review Privilege In Virmani V. Novant Health Inc., Teresa L. Salamon
Villanova Law Review
No abstract provided.
Funny Thing Happened On The Way To The Courtroom: Spoilation Of Evidence In Illinois, 32 J. Marshall L. Rev. 325 (1999), Kristin Adamski
Funny Thing Happened On The Way To The Courtroom: Spoilation Of Evidence In Illinois, 32 J. Marshall L. Rev. 325 (1999), Kristin Adamski
UIC Law Review
No abstract provided.
Diagnostic Evidence Admissibility And The Multiple Personality Disorder Defense, Sabra Mcdonald Owens
Diagnostic Evidence Admissibility And The Multiple Personality Disorder Defense, Sabra Mcdonald Owens
Journal of Health Care Law and Policy
No abstract provided.
Patient-Psychotherapist Privilege: Acces To Clinical Records In The Tangled Web Of Repressed Memory Litigation, Elizabeth F. Loftus, John R. Paddock, Thomas F. Guernsey
Patient-Psychotherapist Privilege: Acces To Clinical Records In The Tangled Web Of Repressed Memory Litigation, Elizabeth F. Loftus, John R. Paddock, Thomas F. Guernsey
University of Richmond Law Review
The 1990s promise to be an era of mental health litigation whose outcomes that some predict will dwarf the settlements awarded recently in lawsuits over sexual improprieties between psychotherapists and their patients. One expert estimates that over 17,000 claims will be filed in the next decade, with litigation costs in excess of $250 million. These new cases emerged as therapy patients began to accuse fathers and mothers, uncles and grandfathers, former neighbors and teachers, psychotherapists and countless others of sexually abusing them years ago.
Simplifying The Law In Medical Malpractice: The Use Of Practice Guidelines As The Standard Of Care In Medical Malpractice Litigation, Sam A. Mcconkey Iv
Simplifying The Law In Medical Malpractice: The Use Of Practice Guidelines As The Standard Of Care In Medical Malpractice Litigation, Sam A. Mcconkey Iv
West Virginia Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Book Reviews, Edward S. Graves, David L. Ross
Book Reviews, Edward S. Graves, David L. Ross
University of Richmond Law Review
These are book reviews from 1979.
Mental Illness And The Law Of Contracts, Robert M. Brucken S.Ed., David L. Genger S.Ed., Denis T. Rice S.Ed., Mark Shaevsky S.Ed., William R. Slye S.Ed., Robert P. Volpe S.Ed.
Mental Illness And The Law Of Contracts, Robert M. Brucken S.Ed., David L. Genger S.Ed., Denis T. Rice S.Ed., Mark Shaevsky S.Ed., William R. Slye S.Ed., Robert P. Volpe S.Ed.
Michigan Law Review
The traditional and most important problem relative to mental illness and the contract is the situation created when mental illness exists at the time of agreement (the problem of contractual capacity). One principal result of mental illness at this time may be the avoidance of the contract by the mentally ill person. Since case law in this area is extensive, the major portion of the study is concerned with this problem (parts II, III and IV) and the effects of such incapacity throughout the remaining course of the contract. Mental illness occurring after agreement and at the time of performance …
Evidence - Physician - Patient Privilege - Applicability To Communication Between State Mental Hospital Psychiatrist And Criminal Internee, Norman A. Zilber S.Ed.
Evidence - Physician - Patient Privilege - Applicability To Communication Between State Mental Hospital Psychiatrist And Criminal Internee, Norman A. Zilber S.Ed.
Michigan Law Review
Defendant was committed to a public mental hospital before standing trial on an indictment for robbery. One year later he was brought to trial after being discharged from the hospital as mentally competent. His only defense was insanity. The psychiatrist who had been appointed by the court to examine the defendant testified in support of this defense. The prosecution, in turn, introduced the testimony of the hospital psychiatrist who had attended the defendant during his internment. This psychiatrist was instructed by the trial court that communications between him and the defendant were not privileged. Accordingly, he testified that the defendant …
Evidence - Statutory Rape - Right Of Accused To Compulsory Blood Test Of Prosecutrix And Child, Edward Pastucha S.Ed.
Evidence - Statutory Rape - Right Of Accused To Compulsory Blood Test Of Prosecutrix And Child, Edward Pastucha S.Ed.
Michigan Law Review
Defendant was convicted of statutory rape on the strength of complaining witness' uncorroborated testimony. Testimony of the prosecutrix was to the effect that she had had sexual relations with defendant only once, that she had become pregnant and had given birth to a child prior to the trial, and that she had had sexual relations with no other men. Defendant moved for an order requiring that blood tests be taken of the child and the mother. The motion was denied. On appeal, held, affirmed. Assuming power, absent statute, to compel the taking of blood-grouping tests, the trial court did …
Evidence -Witnesses - Privileged Communications Between Physician And Patient--Statutory Effect Of Asserting Privilege In Actions On Insurance Contracts, William H. Buchanan S.Ed.
Evidence -Witnesses - Privileged Communications Between Physician And Patient--Statutory Effect Of Asserting Privilege In Actions On Insurance Contracts, William H. Buchanan S.Ed.
Michigan Law Review
Plaintiff, beneficiary of an insurance policy (but not the personal representative of the deceased insured), sued to recover the amount of the policy from the insurance company. As a defense the defendant claimed that the policy never became effective because the insured had made material misrepresentations in the application as to his state of health. To show that there had been such misrepresentations, the defendant proved that the insured had been treated by physicians during the five years preceding the issuance of the policy. Upon objectionμ by plaintiff the court excluded the testimony of the doctors as to the nature …
Evidence--Physician-Patient Privilege--Express And Implied Waiver
Evidence--Physician-Patient Privilege--Express And Implied Waiver
Michigan Law Review
Defendant's intestate applied for insurance with "plaintiff, expressly waiving, for himself and beneficiaries, the privilege of excluding testimony of physicians who had then attended him or might do so later. The policy lapsed, but the insured, falsely representing that he was in good health and had consulted no doctor for any cause, secured a reinstatement. He died six months later. Plaintiff sued for cancellation, and defendant objected to the testimony of physicians who had been consulted before and after the reinstatement. Held, the testimony was admissible, since the privilege was waived; also the mere fact that there were consultations …
Recent Important Decisions, Michigal Law Review
Recent Important Decisions, Michigal Law Review
Michigan Law Review
Appeal and Error--Attorney's Interest in Case on Appeal--Contingent Fee; Bankruptcy--discharge--subsequent Action for Fraud; Bills and Notes--Usury No Defense Against a bona Fide Holder--Construction of Negotiable Instruments Statute; Boundaries--Street, Terminus A Quo; Carriers--Hepbern Act--State and Federal Courts--Phrase "Caused by It"; Chattel Mortgages--Payment without Notice of Assignment--Construction of a Mortgage Provision; Constitutional Law--Equal Protection of Laws--Statute Requiring Screens on Cars Operated by Corporations; Constitutional Law--Equal Protection of the Laws--Class Legislation; Contracts--No Recovery Under an Entire Illegal Contract; Contracts--Validity of Contract in Contemplation of Divorce; Courts--Federal Courts--authority of Decision of State Courts--"Telegraph"; Covenants--Breach of that Against Incumbrances; Elections--Ballots--Indication of Choice by Voter; Evidence--Facts …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bills and Notes--Fictitious or Non-Existing Payee--Knowledge of Maker--English and American Views; Bills and Notes--Holder in Due Course; Carriers--Exemption from Liability for Negligence Under Special Contract; Colleges--Entrance Discriminations--Mandamus Not Remedy for Refusing Admission; Constitutional law--Aliens--Keeping for Immoral Purposes; Constitutional Law--Class Legislation--Licensing Itinerant Vendors; Constitutional Law--Legislative Power--Intoxicating Liquors--License System; Constitutional Law--Police Power--Intoxicating Liquors; Constitutional Law--Police Power--Ordinance Absolutely Prohibiting Billboards; Corporations--Ultra Vires--Organizing Another Corporation--Dissenting Stockholder; Deeds--Cancellation for Fraud--False Representations as to Intention; Deeds--Description--Parol Evidence to Explain Ambiguity; Deeds--Effect of Statute Abolishing the Use of Private Seals; Divorce--Adultery--Consent of Plaintiff; Elections--Qualification of Voters--Payment of Taxes--Payment by Unauthorized Person; Evidence--Privileged Communications--Professional Nurse and Patient; Health--Offering …