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Articles 1 - 30 of 109
Full-Text Articles in Evidence
The Economic Analysis Of Evidence Law: Common Sense On Stilts, Richard O. Lempert
The Economic Analysis Of Evidence Law: Common Sense On Stilts, Richard O. Lempert
Articles
There was a time when the empire of Law was not overrun by economists. The economists had their own fiefdoms to be sure-there was the Duchy of Antitrust and the Kingdom of Regulatory Law-but the economists lived in peace within these borders, welcoming many unlike themselves into their midst, only gently proselytizing their students in the first few classes of a term, and swearing fealty to the law. It is true that a few marauders from beyond the borders saw the wealth of the empire and sought to colonize it, but even the most daring, Archbishop Coase and Duke Gary …
Compelled Statements From Police Officers And Garrity Immunity, Steven D. Clymer
Compelled Statements From Police Officers And Garrity Immunity, Steven D. Clymer
Cornell Law Faculty Publications
In this Article, Professor Steven Clymer describes the problem created when police departments require officers suspected of misconduct to answer internal affairs investigators' questions or face job termination. Relying on the Supreme Court's decision in Garrity v. New Jersey, courts treat such compelled statements as immunized testimony. That treatment not only renders such a statement inadmissible in a criminal prosecution of the suspect police officer, it also may require the prosecution to shoulder the daunting and sometimes insurmountable burden of demonstrating that its physical evidence, witness testimony, and strategic decisionmaking are untainted by the statement. Because police internal affairs …
The Gender Gap: Revealing Inequities In Admission Of Social Science Evidence In Criminal Cases, Janet C. Hoeffel
The Gender Gap: Revealing Inequities In Admission Of Social Science Evidence In Criminal Cases, Janet C. Hoeffel
University of Arkansas at Little Rock Law Review
No abstract provided.
Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner
Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner
University of Arkansas at Little Rock Law Review
No abstract provided.
Tort Law—Spoliators Beware, But Fear Not An Independent Civil Suit. Goff V. Harold Ives Trucking Co., 342 Ark. 143, 27 S.W.3d 387 (2000)., Margaret A. Egan
Tort Law—Spoliators Beware, But Fear Not An Independent Civil Suit. Goff V. Harold Ives Trucking Co., 342 Ark. 143, 27 S.W.3d 387 (2000)., Margaret A. Egan
University of Arkansas at Little Rock Law Review
No abstract provided.
Meaning, Intention, And The Hearsay Rule, Paul F. Kirgis
Meaning, Intention, And The Hearsay Rule, Paul F. Kirgis
William & Mary Law Review
No abstract provided.
Evidence And Trial Practice, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Evidence And Trial Practice, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Continuing Legal Education Materials
Materials from the conference on Evidence and Trial Practice held by UK/CLE in October 2001.
Employer Liability For Sexual Harassment - Normative, Descriptive, And Doctrinal Interactions: A Reply To Professors Beiner And Bisom-Rapp, Linda Hamilton Krieger
Employer Liability For Sexual Harassment - Normative, Descriptive, And Doctrinal Interactions: A Reply To Professors Beiner And Bisom-Rapp, Linda Hamilton Krieger
University of Arkansas at Little Rock Law Review
No abstract provided.
Fire Sale? The Admissibility Of Evidence Of Environmental Contamination To Determine Just Compensation In Washington Eminent Domain Proceedings, Paul W. Moomaw
Fire Sale? The Admissibility Of Evidence Of Environmental Contamination To Determine Just Compensation In Washington Eminent Domain Proceedings, Paul W. Moomaw
Washington Law Review
Jurisdictions across the United States are split on the issue of whether evidence of environmental contamination should be admissible to determine just compensation in an eminent domain proceeding. Jurisdictions that admit this evidence reason that environmental contamination is a property characteristic that necessarily affects the value of the property. Those that exclude the evidence cite procedural due process concerns and the risk of extra liability for the landowner. Washington's Model Toxics Control Act (MTCA) establishes a system of assigning liability and recovering cleanup costs for environmental contamination. No Washington court has addressed whether evidence of environmental contamination should be admissible …
Fixing Watches With Sledgehammers: The Questionable Embrace Of Employee Sexual Harassment Training By The Legal Profession, Susan Bisom-Rapp
Fixing Watches With Sledgehammers: The Questionable Embrace Of Employee Sexual Harassment Training By The Legal Profession, Susan Bisom-Rapp
University of Arkansas at Little Rock Law Review
No abstract provided.
4. Let’S Not Exaggerate The Suggestibility Of Children., Thomas D. Lyon
4. Let’S Not Exaggerate The Suggestibility Of Children., Thomas D. Lyon
Thomas D. Lyon
Reply To Professor Ehrhardt, Michael D. Sanger
Reply To Professor Ehrhardt, Michael D. Sanger
University of Miami Law Review
No abstract provided.
Throwing The Baby Out With The Bathwater: Why Child Sexual Abuse Accommodation Syndrome Should Be Allowed As A Rehabilitative Tool In The Florida Courts, Michael D. Stanger
Throwing The Baby Out With The Bathwater: Why Child Sexual Abuse Accommodation Syndrome Should Be Allowed As A Rehabilitative Tool In The Florida Courts, Michael D. Stanger
University of Miami Law Review
No abstract provided.
A Reply To Professor Capra, Joëlle Harvic
A Reply To Professor Capra, Joëlle Harvic
University of Miami Law Review
No abstract provided.
Navigating Between Extremes: The Florida Supreme Court's Rulings On The Admission Of Similar Fact Evidence In Child Sexual Abuse Cases, George Franklin
Navigating Between Extremes: The Florida Supreme Court's Rulings On The Admission Of Similar Fact Evidence In Child Sexual Abuse Cases, George Franklin
University of Miami Law Review
No abstract provided.
Response, Dana R. Hassin
Admissibility Of Plea Agreements On Direct Examination: The Limits Vanish, Professor Daniel J. Capra
Admissibility Of Plea Agreements On Direct Examination: The Limits Vanish, Professor Daniel J. Capra
University of Miami Law Review
No abstract provided.
The Future Implications Of Lilly V. Virginia, Jennifer Christianson
The Future Implications Of Lilly V. Virginia, Jennifer Christianson
University of Miami Law Review
No abstract provided.
A Response To Professor Mueller, Jennifer Christianson
A Response To Professor Mueller, Jennifer Christianson
University of Miami Law Review
No abstract provided.
Evidence, Marc T. Treadwell
Evidence, Marc T. Treadwell
Mercer Law Review
This survey marks the fifteenth year the author has surveyed Eleventh Circuit evidence decisions. This survey year saw the continuation of what has become a clear trend in Eleventh Circuit evidence decisions. In stark contrast to the days when the Eleventh Circuit, and other courts, rigorously examined district court evidentiary decisions and freely reversed those decisions, the Eleventh Circuit now carefully defers to district judges. The reason for this trend can be debated. Perhaps, given that most evidentiary issues addressed by the Eleventh Circuit arise in the context of criminal cases, Eleventh Circuit judges are today more conservative and thus …
The Florida Supreme Court Vs. The United States Supreme Court: The Florida Decision In Conner V. State And The Federal Interpretation Of Confrontation And Federal Rule Of Evidence 807, Stacey Schulman
University of Miami Law Review
No abstract provided.
Casting Light On The Gray Area: An Analysis Of The Use Of Neutral Pronouns In Non-Testifying Codefendant Redacted Confessions Under Bruton, Richardson, And Gray, Bryant M. Richardson
Casting Light On The Gray Area: An Analysis Of The Use Of Neutral Pronouns In Non-Testifying Codefendant Redacted Confessions Under Bruton, Richardson, And Gray, Bryant M. Richardson
University of Miami Law Review
No abstract provided.
The Exception That Swallows The Rule: The Disparate Treatment Of Federal Rule Of Evidence 804(B)(3) As Interpreted In United States V. Williamson, Richard T. Sahuc
The Exception That Swallows The Rule: The Disparate Treatment Of Federal Rule Of Evidence 804(B)(3) As Interpreted In United States V. Williamson, Richard T. Sahuc
University of Miami Law Review
No abstract provided.
Introduction To The Evidence Symposium: The New Generation Of Realists In Evidence Law, Professor Edward J. Imwinkelried
Introduction To The Evidence Symposium: The New Generation Of Realists In Evidence Law, Professor Edward J. Imwinkelried
University of Miami Law Review
No abstract provided.
When Children And The Elderly Are Victims: Balancing The Rights Of The Accused Against Those Of The Victim, Professor Charles W. Ehrhardt
When Children And The Elderly Are Victims: Balancing The Rights Of The Accused Against Those Of The Victim, Professor Charles W. Ehrhardt
University of Miami Law Review
No abstract provided.
Response, Celina E. Contreras
A Recipe For Confusion: Congress And The Federal Rules Of Evidence, Professor Daniel J. Capra
A Recipe For Confusion: Congress And The Federal Rules Of Evidence, Professor Daniel J. Capra
University of Miami Law Review
No abstract provided.
Out-Of-Court Accusations Offered For "Background": A Measured Response From The Federal Courts, Professor Daniel J. Capra
Out-Of-Court Accusations Offered For "Background": A Measured Response From The Federal Courts, Professor Daniel J. Capra
University of Miami Law Review
No abstract provided.
Tales Out Of School-Spillover Confessions And Against-Interest Statements Naming Others, Professor Christopher B. Mueller
Tales Out Of School-Spillover Confessions And Against-Interest Statements Naming Others, Professor Christopher B. Mueller
University of Miami Law Review
No abstract provided.