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Articles 1 - 9 of 9
Full-Text Articles in Evidence
Bill Cosby, The Lustful Disposition Exception, And The Doctrine Of Chances, Wesley Oliver
Bill Cosby, The Lustful Disposition Exception, And The Doctrine Of Chances, Wesley Oliver
Wesley M Oliver
The History Of Children's Hearsay: From Old Bailey To Post-Davis, Thomas D. Lyon, Raymond Lamagna
The History Of Children's Hearsay: From Old Bailey To Post-Davis, Thomas D. Lyon, Raymond Lamagna
Thomas D. Lyon
The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.
Experts, Statistics, Science & Bad Science, Curtis E.A. Karnow
Experts, Statistics, Science & Bad Science, Curtis E.A. Karnow
Curtis E.A. Karnow
Articles, books, and other online resources relating to expert testimony with a specific focus on problems with peer review, bad science, and statistics
Equal Access To Evidence: The Case For The Defense Use Of Immunity For Essential Witnesses, Andrea Lyon
Equal Access To Evidence: The Case For The Defense Use Of Immunity For Essential Witnesses, Andrea Lyon
Andrea D. Lyon
No abstract provided.
The Importance Of Being Empirical, Michael Heise
The Importance Of Being Empirical, Michael Heise
Michael Heise
Legal scholarship is becoming increasingly empirical. Although empirical methodologies gain important influence within the legal academy, their application in legal research remains underdeveloped. This paper surveys and analyzes the state of empirical legal scholarship and explores possible influences on its production. The paper advances a normative argument for increased empirical legal scholarship.
Systemic Lying, Julia Simon-Kerr
Systemic Lying, Julia Simon-Kerr
Julia Simon-Kerr
This Article offers the foundational account of systemic lying from a definitional and theoretical perspective. Systemic lying involves the cooperation of multiple actors in the legal system who lie or violate their oaths across cases for a consistent reason that is linked to their conception of justice. It becomes a functioning mechanism within the legal system and changes the operation of the law as written. By identifying systemic lying, this Article challenges the assumption that all lying in the legal system is the same. It argues that systemic lying poses a particular threat to the legal system. This means that …
Inefficient Evidence, Alex Stein
Inefficient Evidence, Alex Stein
Alex Stein
Why set up evidentiary rules rather than allow factfinders to make decisions by considering all relevant evidence? This fundamental question has been the subject of unresolved controversy among scholars and policymakers since it was raised by Bentham at the beginning of the nineteenth century. This Article offers a surprisingly straightforward answer: An economically minded legal system must suppress all evidence that brings along a negative productivity-expense balance and is therefore inefficient. Failure to suppress inefficient evidence will result in serious diseconomies of scale. To operationalize this idea, I introduce a “signal-to-noise” method borrowed from statistics, science, and engineering. This method …
The New Doctrinalism: Implications For Evidence Theory, Alex Stein
The New Doctrinalism: Implications For Evidence Theory, Alex Stein
Alex Stein
This Article revisits and refines the organizing principles of evidence law: case specificity, cost minimization, and equal best. These three principles explain and justify all admissibility and sufficiency requirements of the law of evidence. The case-specificity principle requires that factfinders base their decisions on the relative plausibility of the stories describing the parties’ entitlement–accountability relationship. The cost-minimization principle demands that factfinders minimize the cost of errors and the cost of avoiding errors as a total sum. The equal-best principle mandates that factfinders afford every person the maximal feasible protection against risk of error while equalizing that protection across the board. …
Law, Science, And The Economy: One Domain?, David S. Caudill
Law, Science, And The Economy: One Domain?, David S. Caudill
David S Caudill
In an effort to explore the theoretical and practical promise of ignoring or erasing conventional boundaries and distinctions—such as law/society or inside/outside—in accounts of legal processes and institutions, I consider the problem of financial bias in scientific expertise. I first draw an analogy with science studies, and particularly Latour’s notion of science as a coproduction, which challenges the boundaries (i) between science and society, and (ii) between natural and social influences on the production of scientific knowledge. I then acknowledge the efforts of Philip Mirowski, in his concern that privatization trends degrade science, to overcome an individualistic perspective on financial …