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Articles 1 - 9 of 9
Full-Text Articles in Evidence
Assertion And Hearsay, Richard Lloret
Assertion And Hearsay, Richard Lloret
Dickinson Law Review (2017-Present)
This article explores the characteristics and functions of assertion and considers how the term influences the definition of hearsay under Federal Rule of Evidence 801. Rule 801(a) defines hearsay by limiting it to words and conduct intended as an assertion, but the rule does not define the term assertion. Courts and legal scholars have focused relatively little attention on the nature and definition of assertion. That is unfortunate, because assertion is a robust concept that has been the subject of intense philosophic study over recent decades. Assertion is not a mere cypher standing in for whatever speech or conduct one …
Standards Of Review In Texas, W. Wendell Hall, Ryan G. Anderson
Standards Of Review In Texas, W. Wendell Hall, Ryan G. Anderson
St. Mary's Law Journal
Abstract forthcoming
Revenge Porn, Thomas Lonardo, Tricia P. Martland, Rhode Island Bar Journal
Revenge Porn, Thomas Lonardo, Tricia P. Martland, Rhode Island Bar Journal
Life of the Law School (1993- )
No abstract provided.
"Dirty" Experts: Ethical Challenges Concerning, And A Comparative Perspective On, The Use Of Consulting Experts, David S. Caudill
"Dirty" Experts: Ethical Challenges Concerning, And A Comparative Perspective On, The Use Of Consulting Experts, David S. Caudill
St. Mary's Journal on Legal Malpractice & Ethics
U.S. attorneys often hire consulting experts who potentially never get named as testifying experts. The same practice is evident in Australia, where the colloquial distinction is between a “clean” and a “dirty” expert, the latter being in the role of a consultant who is considered a member of the client’s “legal team.” A “clean” expert named as a witness is then called “independent,” signaling that he or she is not an advocate. In contrast to the U.S. discourse concerning consulting and testifying experts, focused on discovery issues, the conversation in Australia betrays immediate ethical concerns that both (i) explain why …
Newsroom: Good Reason For Secrecy On 38 Studios 8/12/2016, Niki Kuckes, Roger Williams University School Of Law
Newsroom: Good Reason For Secrecy On 38 Studios 8/12/2016, Niki Kuckes, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Who Should Control The Decision To Call A Witness: Respecting A Criminal Defendant's Tactical Choices, Rodney J. Uphoff
Who Should Control The Decision To Call A Witness: Respecting A Criminal Defendant's Tactical Choices, Rodney J. Uphoff
Faculty Publications
A law student approached me not long ago to discuss a problem he had encountered while helping to prepare a criminal case for retrial. The defendant's first trial ended with a hung jury. The defendant, Steven Brown, now faced a second trial on the same misdemeanor charge of assaulting a police officer. Although the defendant still wanted to go to trial, Brown told defense counsel that he did not want his elderly father to have to testify again. From defense counsel's standpoint, the father's testimony was critical because he was the only witness corroborating the defendant's version of the event. …
The Limits Of Cross-Examination, Richard H. Underwood
The Limits Of Cross-Examination, Richard H. Underwood
Law Faculty Scholarly Articles
In this article, the author compiles the history and methodology of cross-examination from ancient Greece to the modern era. The reality and ethics of cross-examination are explored through anecdotes and detailed histories.
"X-Spurt" Witnesses, Richard H. Underwood
"X-Spurt" Witnesses, Richard H. Underwood
Law Faculty Scholarly Articles
In this article the author pulls together a history of expert witnesses in common law systems. Various issues are explored regarding expert witness testimony, including: the historical underpinnings of the practice, how Daubert controls that issue in modern times, rules of evidence, psychological science, and professional ethics.
A Brief Look At New York's Efforts To Codify Its Law Of Evidence, Barbara C. Salken
A Brief Look At New York's Efforts To Codify Its Law Of Evidence, Barbara C. Salken
Touro Law Review
No abstract provided.