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Evidence Commons

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Articles 1 - 30 of 102

Full-Text Articles in Evidence

Neuromarks, Mark Bartholomew Jan 2019

Neuromarks, Mark Bartholomew

Journal Articles

This Article predicts trademark law’s impending neural turn. A growing legal literature debates the proper role of neuroscientific evidence. Yet outside of criminal law, analysis of neuroscientific evidence in the courtroom has been lacking. This is a mistake given that most of the applied research into brain function focuses on building better brands, not studies of criminal defendants’ grey matter. Judges have long searched for a way to measure advertising’s psychological hold over consumers. Advertisers already use brain imaging to analyze a trademark’s ability to stimulate consumer attention, emotion, and memory. In the near future, businesses will ...


Exorcising The Clergy Privilege, Christine P. Bartholomew Oct 2017

Exorcising The Clergy Privilege, Christine P. Bartholomew

Journal Articles

This Article debunks the empirical assumption behind the clergy privilege, the evidentiary rule shielding confidential communications with clergy. For over a century, scholars and the judiciary have assumed generous protection is essential to foster and encourage spiritual relationships. Accepting this premise, all fifty states and the District of Columbia have adopted virtually absolute privilege statutes. To test this assumption, this Article distills data from over 700 decisions — making it the first scholarship to analyze state clergy privilege jurisprudence exhaustively. This review finds a privilege in decline: courts have lost faith in the privilege. More surprisingly, though, so have clergy. For ...


The Last Days Of Social Security Disability: How The Social Security Administration's Policies On The Submission Of Adverse Evidence And Non-Attorney Representation Have Contributed To Its Institutional Failure, Thomas Katsiotas May 2015

The Last Days Of Social Security Disability: How The Social Security Administration's Policies On The Submission Of Adverse Evidence And Non-Attorney Representation Have Contributed To Its Institutional Failure, Thomas Katsiotas

Buffalo Law Review

No abstract provided.


P-Values, Priors, And Procedure In Antidiscrimination Law, Jason R. Bent Jan 2015

P-Values, Priors, And Procedure In Antidiscrimination Law, Jason R. Bent

Buffalo Law Review

No abstract provided.


Weakness In Numbers: A Brief Introduction, Ryan G. Ganzenmuller, Matthew A. Eldred Jan 2015

Weakness In Numbers: A Brief Introduction, Ryan G. Ganzenmuller, Matthew A. Eldred

Buffalo Law Review

No abstract provided.


The Lack Of Deference To Medical Opinions In Adjudicating Social Security Disability Claims, Amrita Maharaj Jan 2015

The Lack Of Deference To Medical Opinions In Adjudicating Social Security Disability Claims, Amrita Maharaj

Buffalo Law Review

No abstract provided.


Death By Daubert: The Continued Attack On Private Antitrust, Christine P. Bartholomew Jan 2014

Death By Daubert: The Continued Attack On Private Antitrust, Christine P. Bartholomew

Journal Articles

In 2011, with five words of dicta, the Supreme Court opened Pandora’s box for private antitrust enforcement. By suggesting trial courts must evaluate the admissibility of expert testimony at class certification, the Court placed a significant obstacle in the path of antitrust class actions. Following the Supreme Court’s lead, most courts now permit parties to bring expert challenges far earlier than the traditional summary judgment or pretrial timing. Premature rejection of expert testimony dooms budding private antitrust suits — cases that play an essential role in modern antitrust enforcement. The dangers for private antitrust plaintiffs are compounded by the ...


The Reliability And Admissibility Of Fingerprint And Bitemark Analyses, David Chandler Sep 2013

The Reliability And Admissibility Of Fingerprint And Bitemark Analyses, David Chandler

Buffalo Public Interest Law Journal

No abstract provided.


Sana Crítica: The System For Weighing Evidence Utilized By The Inter-American Court Of Human Rights, Álvaro Paúl Sep 2012

Sana Crítica: The System For Weighing Evidence Utilized By The Inter-American Court Of Human Rights, Álvaro Paúl

Buffalo Human Rights Law Review

The Spanish version of the case law of the Inter-American Court of Human Rights often states that this tribunal's as- sessment of evidence is ruled by saia crilica, a notion which has received several translations in the English ver- sion of the Court's case law. This concept has a clear mean- ing in the Hispanic civil law tradition. Sana critica is a system for evaluating the weight of evidence whereby a court or tribunal is not constrained by the evidentiary rules of legal proo but must judge in accordance with the rules of logic and experience, and state ...


Pleading And Proving Foreign Law In The Age Of Plausibility Pleading, Roger M. Michalski Dec 2011

Pleading And Proving Foreign Law In The Age Of Plausibility Pleading, Roger M. Michalski

Buffalo Law Review

No abstract provided.


Problems At Daubert: Expert Testimony In Title Vii Sex Discrimination And Sexual Harassment Litigation, Harriet M. Antczak Sep 2010

Problems At Daubert: Expert Testimony In Title Vii Sex Discrimination And Sexual Harassment Litigation, Harriet M. Antczak

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Why Modern Evidence Law Lacks Credibility, Daniel D. Blinka Apr 2010

Why Modern Evidence Law Lacks Credibility, Daniel D. Blinka

Buffalo Law Review

No abstract provided.


Between Rock And A Hard Place: Polygraph Prejudice Persists After Scheffer, Robin D. Barovick Oct 1999

Between Rock And A Hard Place: Polygraph Prejudice Persists After Scheffer, Robin D. Barovick

Buffalo Law Review

No abstract provided.


Taslitz's Proposal For The Use Of Feminist Evidence Law In The Courtroom, Harvey Gee Sep 1999

Taslitz's Proposal For The Use Of Feminist Evidence Law In The Courtroom, Harvey Gee

Buffalo Women's Law Journal

Book review of Andrew Taslitz's Rape and the Culture of the Courtroom


Guarding The Gate To The Courthouse: How Trial Judges Are Using Their Evidentiary Screening Role To Remake Tort Causation Rules, Lucinda M. Finley Jan 1999

Guarding The Gate To The Courthouse: How Trial Judges Are Using Their Evidentiary Screening Role To Remake Tort Causation Rules, Lucinda M. Finley

Journal Articles

The article looks at what trial judges are actually doing in toxic tort cases in the post-Daubert world; it reviews and critiques cases in which judges have in effect adopted a new rule of causation law that requires plaintiffs to rely on epidemiology, and in particular epidemiology that demonostrates an increase in relative risk of 2.0 or greater; the article considers the substantive as well as the normative implications of this legal treatment of epidemiology.


A "Delicate And Difficult Task": Balancing The Competing Interests Of Federal Rule Of Evidence 612, The Work Product Doctrine, And The Attorney-Client Privilege, Daisy Hurst Floyd Jan 1996

A "Delicate And Difficult Task": Balancing The Competing Interests Of Federal Rule Of Evidence 612, The Work Product Doctrine, And The Attorney-Client Privilege, Daisy Hurst Floyd

Buffalo Law Review

No abstract provided.


Abandoning New York's "General Acceptance" Requirement: Redesigning Proposed Rule Of Evidence 702(B) After Daubert V. Merrell Dow Pharmaceuticals, Inc., Stuart J. Graham Apr 1995

Abandoning New York's "General Acceptance" Requirement: Redesigning Proposed Rule Of Evidence 702(B) After Daubert V. Merrell Dow Pharmaceuticals, Inc., Stuart J. Graham

Buffalo Law Review

No abstract provided.


Evidence Of Religion And The Religion Of Evidence, Michael Ariens Jan 1992

Evidence Of Religion And The Religion Of Evidence, Michael Ariens

Buffalo Law Review

No abstract provided.


The Admissibility Of Expert Testimony On Interracial Conflict In New York State Self-Defense Cases, Jay Lippman Apr 1988

The Admissibility Of Expert Testimony On Interracial Conflict In New York State Self-Defense Cases, Jay Lippman

In the Public Interest

No abstract provided.


The Exclusionary Rule: Not The "Expressed Juice Of The Woolly-Headed Thistle", Keith A. Fabi Oct 1986

The Exclusionary Rule: Not The "Expressed Juice Of The Woolly-Headed Thistle", Keith A. Fabi

Buffalo Law Review

No abstract provided.


The Psychiatric Expert As Due Process Decisionmaker, Robert S. Berger Oct 1984

The Psychiatric Expert As Due Process Decisionmaker, Robert S. Berger

Buffalo Law Review

No abstract provided.


Hypnotically Refreshed Testimony: In Support Of The Emerging Majority And People V. Hughes, Paul G. Harnisch Apr 1984

Hypnotically Refreshed Testimony: In Support Of The Emerging Majority And People V. Hughes, Paul G. Harnisch

Buffalo Law Review

No abstract provided.


Weight Versus Sufficiency Of Evidence: Tibbs V. Florida, Thomas S. Ginter Oct 1983

Weight Versus Sufficiency Of Evidence: Tibbs V. Florida, Thomas S. Ginter

Buffalo Law Review

No abstract provided.


Federal Habeas Corpus And The Mapp Exclusionary Rule After Stone V. Powell, Philip Halpern Jan 1982

Federal Habeas Corpus And The Mapp Exclusionary Rule After Stone V. Powell, Philip Halpern

Journal Articles

No abstract provided.


Upjohn: A New Prescription For The Attorney-Client Privilege And Work Product Defenses In Administrative Investigations, Robert G. Nath Jan 1981

Upjohn: A New Prescription For The Attorney-Client Privilege And Work Product Defenses In Administrative Investigations, Robert G. Nath

Buffalo Law Review

No abstract provided.


The Permissibility Of Impeaching An Alibi Witness With Evidence Of His Pre-Trial Silence: The New York Court Of Appeals Decision In People V. Dawson, Brian T. Edwards Jan 1981

The Permissibility Of Impeaching An Alibi Witness With Evidence Of His Pre-Trial Silence: The New York Court Of Appeals Decision In People V. Dawson, Brian T. Edwards

Buffalo Law Review

No abstract provided.


Presumptive Possession Of Weapons: New York's Controversial Statute, Murray N. Caplan Jul 1978

Presumptive Possession Of Weapons: New York's Controversial Statute, Murray N. Caplan

Buffalo Law Review

No abstract provided.


Halloran V. Virginia Chemicals, Inc.: The Admissibility Of Habit Evidence In New York To Prove Negligence, Kathleen Anne Drumm Jul 1978

Halloran V. Virginia Chemicals, Inc.: The Admissibility Of Habit Evidence In New York To Prove Negligence, Kathleen Anne Drumm

Buffalo Law Review

No abstract provided.


Contracts—Warranties, Unconscionability, And The Parol Evidence Rule—Industralease Automated & (And) Scientific Corp. V. R.M.E. Enterprises, Inc., Lawrence S. Goldberg Jul 1978

Contracts—Warranties, Unconscionability, And The Parol Evidence Rule—Industralease Automated & (And) Scientific Corp. V. R.M.E. Enterprises, Inc., Lawrence S. Goldberg

Buffalo Law Review

No abstract provided.


Custody Rights Of Lesbian Mothers: Legal Theory And Litigation Strategy, Nan D. Hunter, Nancy D. Polikoff Apr 1976

Custody Rights Of Lesbian Mothers: Legal Theory And Litigation Strategy, Nan D. Hunter, Nancy D. Polikoff

Buffalo Law Review

No abstract provided.