Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Class action (1)
- Confidentiality (1)
- Dangerous patient (1)
- Due process (1)
- Exception (1)
-
- Excited utterance (1)
- Expert testimony (1)
- Federal Rule of Evidence 702 (1)
- Federal Rules of Evidence (1)
- Hearsay (1)
- Military tribunals (1)
- Reexcited (1)
- Reexcitement (1)
- Secret evidence (1)
- Securities litigation (1)
- Terrorism cases (1)
- Testimonial privilege (1)
- Trading models (1)
- USA Patriot Act (1)
Articles 1 - 4 of 4
Full-Text Articles in Evidence
The Proportionate Trading Model: Real Science Or Junk Science, Brian P. Murray
The Proportionate Trading Model: Real Science Or Junk Science, Brian P. Murray
Cleveland State Law Review
The PTM has all the hallmarks of "real" science, using either a scientists' definition or that of the Daubert Court. From a scientist's perspective, it is a functional paradigm, serving as a working model. The practitioners in the field are engaged in "clean-up," for example, deciding which acceleration factor best fits observed data. Under the Daubert test, the PTM will assist the trier of fact, has been subjected to peer review (unlike the major critique), and has acceptable rates of error and general acceptance. Testifying experts may disagree as to which acceleration factor to use, but that is merely fair …
Crying Wolf Or An Excited Utterance - Allowing Reexcited Statements To Qualify Under The Excited Utterance Exception, Jone Tran
Cleveland State Law Review
It is clear that the reexcitement analysis has both benefits and detriments. Reexcitement may be a basis for admission of evidence in cases where the danger of influencing during the calm period is somehow obviated-as in the recent Crawford opinion. Because of the heightened danger of undue influence in reexcitement cases, the courts should require corroborating evidence that the declarant did not confide in anyone during the intervening period of calm, to reduce the chance of outside pressures and influences. Congress should provide an amendment to the Federal Rules of Evidence expressly allowing for reexcitement, but also requiring either physical …
Use Of Secret Evidence By Government Lawyers: Balancing Defendants' Rights With National Security Concerns, Tracy L. Conn
Use Of Secret Evidence By Government Lawyers: Balancing Defendants' Rights With National Security Concerns, Tracy L. Conn
Cleveland State Law Review
The ability to use secret evidence in trials involving national security matters is an extremely controversial power of the government lawyer. Although the use of secret evidence was a divisive issue before September 11, 2001, the terrorist attacks that day sparked the passage of new legislation that increased the power of the government lawyer to use classified evidence. By examining the cases involving secret evidence both before and after September 11, in particular the case of Zacarias Moussaoui, it becomes apparent that what is at stake is the appropriate balance between national security concerns and the constitutional rights of defendants. …
Lingering Questions Of A Supreme Court Decision: The Confines Of The Psychotherapist-Patient Privilege, Jennifer L. Odrobina
Lingering Questions Of A Supreme Court Decision: The Confines Of The Psychotherapist-Patient Privilege, Jennifer L. Odrobina
Cleveland State Law Review
The United States Supreme Court "in light of [its] reason and experience"' has recognized a psychotherapist-patient privilege. The Court has, however, left lingering questions for the lower courts to determine regarding possible exceptions to the privilege. The lower courts have used their own reason and experience to develop exceptions to the privilege. Such exceptions include the crime-fraud exception, waiver exception, and the dangerous-patient exception. Inevitably other exceptions will follow. The Supreme Court should recognize a dangerous patient exception to the psychotherapist-patient privilege to allow a psychotherapist to testify in court when there is "a serious threat of harm to the …