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Evidence Commons

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Full-Text Articles in Evidence

Women In Shareholder Activism, Sarah C. Haan Jan 2023

Women In Shareholder Activism, Sarah C. Haan

Seattle University Law Review

Even a cursory review of the history of American environmental, social, and corporate governance (ESG) shareholder activism reveals the presence of women leaders. This Article sketches some of this history and interrogates the role of women in the shareholder activism movement. That movement typically has involved claims by minority shareholders to corporate power; activists are nearly always on the margins of power, though minority shareholders may, collectively, represent a majority interest. This Article ascribes women’s leadership in shareholder activism to their longstanding position as outsiders to corporate organization. Women’s participation in shaping corporate policy—even from the margins—has provided women with …


Tell Us A Story, But Don't Make It A Good One: Resolving The Confusion Regarding Emotional Stories And Federal Rule Of Evidence 403, Cathren Page Feb 2014

Tell Us A Story, But Don't Make It A Good One: Resolving The Confusion Regarding Emotional Stories And Federal Rule Of Evidence 403, Cathren Page

Cathren Page

Abstract: Tell Us a Story, But Don’t Make It A Good One: Resolving the Confusion Regarding Emotional Stories and Federal Rule of Evidence 403 by Cathren Koehlert-Page Courts need to reword their opinions regarding Rule 403 to address the tension between the advice to tell an emotionally evocative story at trial and the notion that evidence can be excluded if it is too emotional. In the murder mystery Mystic River, Dave Boyle is kidnapped in the beginning. The audience feels empathy for Dave who as an adult becomes one of the main suspects in the murder of his friend Jimmy’s …


A Complete Property Right Amendment, John H. Ryskamp Oct 2006

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.


He Said-She Said: On Credibility And The New Reason, Nancy Rourke Mar 2006

He Said-She Said: On Credibility And The New Reason, Nancy Rourke

ExpressO

The traditional wisdom in the field of evidence holds that, if there is a direct contradiction in the testimony of two witnesses, one of them must be lying. The jury is to discover which version is more credible. The traditional wisdom is wrong. This article uses an actual criminal case to establish that a direct contradiction in testimony can arise from another source - a fundamental difference of conceptual frame. In this case, both witnesses were telling the truth as they knew it, but were talking past one another. Words that were 100% true in the victim's conceptual frame were …


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


Text, Context And The Problem With Rape, Katharine K. Baker Feb 1999

Text, Context And The Problem With Rape, Katharine K. Baker

Katharine K. Baker

No abstract provided.


Once A Rapist? Motivational Evidence And Relevancy In Rape Law, Katharine K. Baker Jan 1997

Once A Rapist? Motivational Evidence And Relevancy In Rape Law, Katharine K. Baker

Katharine K. Baker

Feminist scholars and activists have long sought to reform rape laws and evidence rules in order to increase the number of successful rape prosecutions in the United States. In partial response to these efforts, and in an effort to decrease crime, the 104th Congress amended the Federal Rules of Evidence by adding Rule 413, which makes prior acts of sexual assault by alleged rapists admissible in criminal sexual assault cases. The new Rule 413 was meant to level the legal playing field between rapists and their accusers. Professor Baker argues that the new Rule is misguided because it fails to …