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Evidence Commons

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Full-Text Articles in Evidence

Of Bass Notes And Base Rates: Avoiding Mistaken Inferences About Copying, Christopher Buccafusco, Rebecca Tushnet Jan 2023

Of Bass Notes And Base Rates: Avoiding Mistaken Inferences About Copying, Christopher Buccafusco, Rebecca Tushnet

Faculty Scholarship

To prove copyright infringement, a plaintiff must convince a jury that the defendant copied from the plaintiff’s work rather than independently creating it. To prove copying, especially cases involving music, it’s common for plaintiffs and their experts to argue that the similarities between the parties’ creative works are so great that it is simply implausible that the defendant’s work was created without copying from the plaintiff’s work. Unfortunately, in its present form, the argument is mathematically illiterate: It assumes, without any underlying evidence, that the experts know or could reasonably estimate how likely it is that a song with similarity …


Challenges Facing Judges Regarding Expert Evidence In Criminal Cases, Paul W. Grimm Jan 2018

Challenges Facing Judges Regarding Expert Evidence In Criminal Cases, Paul W. Grimm

Faculty Scholarship

No abstract provided.


Introduction: Symposium On “Forensics, Statistics, And Law”, Brandon L. Garrett Jan 2018

Introduction: Symposium On “Forensics, Statistics, And Law”, Brandon L. Garrett

Faculty Scholarship

No abstract provided.


Don’T I Know You?: The Effect Of Prior Acquaintance/Familiarity On Witness Identification, James E. Coleman Jr., Theresa A. Newman, Neil Vidmar, Elizabeth Zoeller Jan 2012

Don’T I Know You?: The Effect Of Prior Acquaintance/Familiarity On Witness Identification, James E. Coleman Jr., Theresa A. Newman, Neil Vidmar, Elizabeth Zoeller

Faculty Scholarship

No abstract provided.


Race, Genes And Justice: A Call To Reform The Presentation Of Forensic Dna Evidence In Criminal Trials, Jonathan Kahn Jan 2009

Race, Genes And Justice: A Call To Reform The Presentation Of Forensic Dna Evidence In Criminal Trials, Jonathan Kahn

Faculty Scholarship

The article considers how and when, if at all, is it appropriate to use race in presenting forensic DNA evidence in a court of law? This relatively straightforward question has been wholly overlooked by legal scholars. By pursuing it, this article promises to transform fundamentally the presentation forensic DNA evidence. Currently, it is standard practice for prosecutors to use race in presenting the odds that a given defendant's DNA matches DNA found at a crime scene. This article takes an interdisciplinary approach to question the validity of this widespread but largely uninterrogated practice. It examines how race came to enter …


Science, Intersubjective Validity, And Judicial Legitimacy, Richard B. Katskee Jan 2008

Science, Intersubjective Validity, And Judicial Legitimacy, Richard B. Katskee

Faculty Scholarship

No abstract provided.