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Articles 1 - 30 of 72
Full-Text Articles in Evidence
48. Valence, Implicated Actor, And Children's Acquiescence To False Suggestions, Kyndra C. Cleveland, Jodi A. Quas, Thomas D. Lyon
48. Valence, Implicated Actor, And Children's Acquiescence To False Suggestions, Kyndra C. Cleveland, Jodi A. Quas, Thomas D. Lyon
Thomas D. Lyon
The Hearsay Rule At Work: Has It Been Abolished De Facto By Judicial Decision, Eleanor Swift
The Hearsay Rule At Work: Has It Been Abolished De Facto By Judicial Decision, Eleanor Swift
Eleanor Swift
No abstract provided.
Amicus Brief: Kumho Tire V. Carmichael, Neil Vidmar, Richard Lempert, Shari Diamond, Valerie Hans, Stephan Landsman, Robert Maccoun, Joseph Sanders, Harmon Hosch, Saul Kassin, Marc Galanter, Theodore Eisenberg, Stephen Daniels, Edith Greene, Joanne Martin, Steven Penrod, James Richardson, Larry Heuer, Irwin Horowitz
Amicus Brief: Kumho Tire V. Carmichael, Neil Vidmar, Richard Lempert, Shari Diamond, Valerie Hans, Stephan Landsman, Robert Maccoun, Joseph Sanders, Harmon Hosch, Saul Kassin, Marc Galanter, Theodore Eisenberg, Stephen Daniels, Edith Greene, Joanne Martin, Steven Penrod, James Richardson, Larry Heuer, Irwin Horowitz
Robert MacCoun
This brief addresses the issue of jury performance and jury responses to expert testimony. It reviews and summaries a substantial body of research evidence about jury behavior that has been produced over the past quarter century. The great weight of that evidence challenges the view that jurors abdicate their responsibilities as fact finders when faced with expert evidence or that they are pro-plaintiff, anti-defendant, and anti-business.
The Petitioners and amici on behalf of petitioners make a number of overlapping, but empirically unsupported, assertions about jury behavior in response to expert testimony, namely that juries are frequently incapable of critically evaluation …
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
Beating The Prisoner At Prisoner's Dilemma: The Evidentiary Value Of A Witness's Refusal To Testify , Russell Dean Covey
Beating The Prisoner At Prisoner's Dilemma: The Evidentiary Value Of A Witness's Refusal To Testify , Russell Dean Covey
Russell D. Covey
No abstract provided.
Discovery And Adequate Plea Colloquys, R. Michael Cassidy
Discovery And Adequate Plea Colloquys, R. Michael Cassidy
R. Michael Cassidy
Economic Authority And The Limits Of Expertise In Antitrust Cases, John E. Lopatka, William H. Page
Economic Authority And The Limits Of Expertise In Antitrust Cases, John E. Lopatka, William H. Page
William H. Page
In antitrust litigation, the factual complexity and economic nature of the issues involved require the presentation of economic expert testimony in all but a few cases. This dependence on economics has increased in recent years because of the courts' narrowing of per se rules of illegality and the courts' expansion of certain areas of factual inquiry. At the same time, however, courts have limited the scope of allowable expert testimony through the methodological strictures of Daubert and its progeny and through heightened sufficiency requirements. In this Article, Professors Page and Lopatka make four important points about these judicially imposed constraints …
46. Wrongful Acquittals Of Sexual Abuse., Thomas D. Lyon, Stacia N. Stolzenberg, Kelly Mcwilliams
46. Wrongful Acquittals Of Sexual Abuse., Thomas D. Lyon, Stacia N. Stolzenberg, Kelly Mcwilliams
Thomas D. Lyon
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.
The Productivity Of Wh- Prompts In Child Forensic Interviews, Elizabeth C, Ahern, Samantha J. Andrews, Stacia N. Stolzenberg, Thomas D. Lyon
The Productivity Of Wh- Prompts In Child Forensic Interviews, Elizabeth C, Ahern, Samantha J. Andrews, Stacia N. Stolzenberg, Thomas D. Lyon
Thomas D. Lyon
Child witnesses are often asked wh- prompts (what, how, why, who, when, where) in forensic interviews. However, little research has examined the ways in which children respond to different wh- prompts and no previous research has investigated productivity differences among wh- prompts in investigative interviews. This study examined the use and productivity of wh- prompts in 95 transcripts of 4- to 13-year-olds alleging sexual abuse in child investigative interviews. What-how questions about actions elicited the most productive responses during both the rapport building and substantive phases. Future research and practitioner training should consider distinguishing among different wh- prompts.
45. The Productivity Of Wh- Prompts In Child Forensic Interviews., Elizabeth C, Ahern, Samantha J. Andrews, Stacia N. Stolzenberg, Thomas D. Lyon
45. The Productivity Of Wh- Prompts In Child Forensic Interviews., Elizabeth C, Ahern, Samantha J. Andrews, Stacia N. Stolzenberg, Thomas D. Lyon
Thomas D. Lyon
Posnerian Hearsay: Slaying The Discretion Dragon, Liesa L. Richter
Posnerian Hearsay: Slaying The Discretion Dragon, Liesa L. Richter
Liesa L. Richter
Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett
Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett
John Ehrett
I evaluate the dimensions of courts’ current interpretive dilemma, and subsequently sketch a possible framework for extending traditional statutory interpretation principles into this new domain: throughout the following analysis, I describe the process of attaching cognizable linguistic referents to emoticons and emojis throughout as symbolical reification, and propose a normative way forward for those tasked with deriving meaning from emoji-laden communications.
Evidence: A Canadian Casebook, 2nd Edition, Hamish Stewart, Marilyn Pilkington, Renalda Murphy, Steven Penney, James Stribopoulos
Evidence: A Canadian Casebook, 2nd Edition, Hamish Stewart, Marilyn Pilkington, Renalda Murphy, Steven Penney, James Stribopoulos
Marilyn L. Pilkington
In most law school courses, the facts of the cases studied are taken as a given: the facts of they are presented as found by a trial court or tribunal or as understood by an appellate court. The law of evidence is concerned with how facts are established in legal proceedings. In most contested cases, the parties offer different versions of the facts. The law of evidence establishes rules and principles that govern how the parties may try to establish their versions of the facts, and the reasoning by which the trier may determine the facts. These materials are intended …
Evidence: A Canadian Casebook, 3rd Edition, Hamish Stewart, Renalda Murphy, Steven Penney, Marilyn Pilkington, James Stribopoulos
Evidence: A Canadian Casebook, 3rd Edition, Hamish Stewart, Renalda Murphy, Steven Penney, Marilyn Pilkington, James Stribopoulos
Marilyn L. Pilkington
Designed to meet the needs of second-year and third-year courses in evidence, the third edition of Evidence: A Canadian Casebook investigates the rules and principles that govern how facts are established in legal proceedings. The author team, consisting of well-respected scholars from a number of Canadian law schools, has developed a casebook that sets itself apart from other resources by weaving a single case study — inspired by an actual murder prosecution — throughout the entire text. At the end of each chapter, the authors introduce new developments in the case study, and students are asked to apply what they …
What Is The True Standard Of Proof In Matrimonial Causes?, Obiora Okafor
What Is The True Standard Of Proof In Matrimonial Causes?, Obiora Okafor
Obiora Chinedu Okafor
No abstract provided.
Drafting New York Civil-Litigation Documents: Part Xliv—Motions For Attorney Fees Continued, Gerald Lebovits
Drafting New York Civil-Litigation Documents: Part Xliv—Motions For Attorney Fees Continued, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
Calling In The Dogs: Suspicionless Sniff Searches And Reasonable Expectations Of Privacy, 56 Case W. Res. L. Rev. 285 (2005), Cecil J. Hunt Ii
Calling In The Dogs: Suspicionless Sniff Searches And Reasonable Expectations Of Privacy, 56 Case W. Res. L. Rev. 285 (2005), Cecil J. Hunt Ii
Cecil J. Hunt II
No abstract provided.
44. The Effects Of Question Repetition On Responses When Prosecutors And Defense Attorneys Question Children Alleging Sexual Abuse In Court, Samantha J. Andrews, Michael E. Lamb, Thomas D. Lyon
44. The Effects Of Question Repetition On Responses When Prosecutors And Defense Attorneys Question Children Alleging Sexual Abuse In Court, Samantha J. Andrews, Michael E. Lamb, Thomas D. Lyon
Thomas D. Lyon
La Selección Del Método En La Investigación Jurídica. 100 Métodos Posibles, Juan Carlos Riofrío Martínez-Villalba
La Selección Del Método En La Investigación Jurídica. 100 Métodos Posibles, Juan Carlos Riofrío Martínez-Villalba
Juan Carlos Riofrío Martínez-Villalba
El objeto de las presentes líneas es abrir perspectivas sobre la gran variedad de métodos de investigación que pueden usarse en la academia, evitando los reduccionismos en la selección del método. Se trabaja desde una perspectiva teórica que primero describe la esencia del método y su rol dentro de la ciencia, luego revisa sistemáticamente la multiplicidad de métodos agrupándolos bajo cinco criterios generales, para finalmente deducir cuatro propuestas generales sobre la metodología. El primer capítulo, introduce al significado del método, a su rol dentro de la ciencia y a la necesidad de su uso. El segundo capítulo inicia delineando cinco …
43. The Effects Of The Putative Confession And Parent Suggestion On Children's Disclosure Of A Minor Transgression. Legal And Criminological Psychology, Elizabeth B. Rush, Stacia N. Stolzenberg, Jodi A. Quas, Thomas D. Lyon
43. The Effects Of The Putative Confession And Parent Suggestion On Children's Disclosure Of A Minor Transgression. Legal And Criminological Psychology, Elizabeth B. Rush, Stacia N. Stolzenberg, Jodi A. Quas, Thomas D. Lyon
Thomas D. Lyon
10. Ohio V. Clark: Brief Of Amicus Curiae American Professional Society On The Abuse Of Children In Support Of Petitioner., Jeremy A. Lawrence, Daniel B. Levin, Kevin L. Brady, Maria Jhai, Thomas D. Lyon
10. Ohio V. Clark: Brief Of Amicus Curiae American Professional Society On The Abuse Of Children In Support Of Petitioner., Jeremy A. Lawrence, Daniel B. Levin, Kevin L. Brady, Maria Jhai, Thomas D. Lyon
Thomas D. Lyon
Free, But Still Behind Bars: Reading The Illinois Post-Conviction Hearing Act To Allow Any Person Convicted Of A Crime To Raise A Claim Of Actual Innocence, Hugh M. Mundy
Hugh Mundy
As the number of wrongfully convicted prisoners who are subsequently exonerated continues to rise, the importance of access to post-conviction relief also increases. Under the Illinois Post-Conviction Hearing Act, this access is restricted to petitioners who are currently imprisoned or otherwise facing a restraint on their liberty. Persons convicted of a crime who have completed their sentence are barred from pursuing post-conviction relief under the Act, regardless of the existence of exculpatory evidence that supports their innocence. Removing this procedural roadblock and interpreting the Act broadly to allow any person convicted of a crime to raise a claim of actual …
Against The Peace And Dignity Of The State: Spousal Violence And Spousal Privilege, Malinda L. Seymore
Against The Peace And Dignity Of The State: Spousal Violence And Spousal Privilege, Malinda L. Seymore
Malinda L. Seymore
Every indictment in Texas ends with the phrase, "[a]gainst the peace and dignity of the State." This phrase is in recognition of the fact that crimes are not purely personal matters between a defendant and a victim, but are offenses against society as a whole. By enacting changes to its spousal privilege statute, Texas has an opportunity to demonstrate that domestic violence offends the peace and dignity of the state.
The Hallmark Of A Champion—Or Not, Robert Sanger
The Hallmark Of A Champion—Or Not, Robert Sanger
Robert M. Sanger
Two decisions that just came down, one from the United States Supreme Court and the other from the California Supreme Court. The former is Hall v. Florida and the latter is In re Champion on Habeas Corpus. The Hall and Champion cases, although they do not cite each other, both discuss significant issues with regard to who is eligible for execution under the Atkins decision.
Hall and Champion perpetuate the myth that capital punishment can be imposed accurately and consistently. Additionally, both cases contain serious errors in interpreting science while suggesting that life and death decisions can be based on …
42. Repeated Self And Peer-Review Leads To Continuous Improvement In Child Interviewing, Stacia N. Stolzenberg, Thomas D. Lyon
42. Repeated Self And Peer-Review Leads To Continuous Improvement In Child Interviewing, Stacia N. Stolzenberg, Thomas D. Lyon
Thomas D. Lyon
A Tale Of Two (And Possibly Three) Atkins: Intellectual Disability And Capital Punishment Twelve Years After The Supreme Court’S Creation Of A Categorical Bar, John H. Blume, Sheri Lynn Johnson, Paul Marcus, Emily Paavola
A Tale Of Two (And Possibly Three) Atkins: Intellectual Disability And Capital Punishment Twelve Years After The Supreme Court’S Creation Of A Categorical Bar, John H. Blume, Sheri Lynn Johnson, Paul Marcus, Emily Paavola
Sheri Lynn Johnson
No abstract provided.
"Speaking Rights": Evaluating Juror Discussions During Civil Trials, Paula Hannaford-Agor, Valerie P. Hans, G. Thomas Munsterman
"Speaking Rights": Evaluating Juror Discussions During Civil Trials, Paula Hannaford-Agor, Valerie P. Hans, G. Thomas Munsterman
Valerie P. Hans
Permitting jurors to discuss evidence during civil trials may facilitate understanding and provide an outlet for their thoughts and questions, and does not appear to lead to prejudgment or prejudice.
Jurors' Evaluations Of Expert Testimony: Judging The Messenger And The Message, Sanja Kutnjak Ivkovic, Valerie P. Hans
Jurors' Evaluations Of Expert Testimony: Judging The Messenger And The Message, Sanja Kutnjak Ivkovic, Valerie P. Hans
Valerie P. Hans
Jurors are laypersons with no specific expert knowledge, yet they are routinely placed in situations in which they need to critically evaluate complex expert testimony. This paper examines jurors' reactions to experts who testify in civil trials and the factors jurors identify as important to expert credibility. Based on in-depth qualitative analysis of interviews with 55 jurors in 7 civil trials, we develop a comprehensive model of the key factors jurors incorporate into the process of evaluating expert witnesses and their testimony. Contrary to the frequent criticism that jurors primarily evaluate expert evidence in terms of its subjective characteristics, the …
Section 12 Of The Canada Evidence Act And The Deliberations Of Simulated Juries, Valerie P. Hans, Anthony N. Doob
Section 12 Of The Canada Evidence Act And The Deliberations Of Simulated Juries, Valerie P. Hans, Anthony N. Doob
Valerie P. Hans
In the past, there have been three major approaches to the experimental investigation of the jury. First, juror selection research involves the study of the relation between verdicts or leniency toward certain classes of defendants and the characteristics of potential jurors. The second class of research is group study, in which the amount and style of individual participation is observed within the context of simulated jury deliberations (e.g., Strodtbeck, James and Hawkins, 1957). Finally, experimental psychology has made another contribution to the study of the jury; numerous researchers have conducted experimental studies employing legal stimulus materials. Typically, in such a …