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Evidence Commons

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Selected Works

Selected Works

2012

Evidence

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Full-Text Articles in Evidence

Toward A Neuroscience Model Of Tort Law: How Functional Neuroimaging Will Transform Tort Doctrine, Jean Eggen, Eric Laury Aug 2012

Toward A Neuroscience Model Of Tort Law: How Functional Neuroimaging Will Transform Tort Doctrine, Jean Eggen, Eric Laury

Jean M. Eggen

The “neuroscience revolution” has now gained the attention of legal thinkers and is poised to be the catalyst for significant changes in the law. Over the past several decades, research in functional neuroimaging has sought to explain a vast array of human thought processes and behaviors, and the law has taken notice. Although functional neuroimaging is not yet close to being a staple in the courtroom, the information acquired from these studies has been featured in a handful of cases, including a few before the United States Supreme Court. Our assertion involves the incorporation of functional neuroscience evidence in tort …


China's Evidentiary And Procedural Reforms, The Federal Rules Of Evidence, And The Harmonization Of Civil And Common Law, John J. Capowski Dec 2011

China's Evidentiary And Procedural Reforms, The Federal Rules Of Evidence, And The Harmonization Of Civil And Common Law, John J. Capowski

John J. Capowski

China’s People’s Supreme Court has stated its commitment to reform its judicial system, and the linchpin of the reform effort is the Uniform Provisions of Evidence, which are in the process of becoming China’s first procedural and evidentiary code. Incongruously, China, a civil law country, has modeled the Uniform Provisions upon the United States’ Federal Rules of Evidence and incorporated into the Uniform Provisions principles of United States’ criminal and civil procedure. The parallels between the Uniform Provisions and the Federal Rules of Evidence are striking and the adoption of F.R.E. language extraordinary.
After setting out the traits that distinguish …