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Articles 1 - 5 of 5
Full-Text Articles in Evidence
Neuromarks, Mark Bartholomew
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 offer a neural …
Exorcising The Clergy Privilege, Christine P. Bartholomew
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. …
Death By Daubert: The Continued Attack On Private Antitrust, Christine P. Bartholomew
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 Court’s …
Guarding The Gate To The Courthouse: How Trial Judges Are Using Their Evidentiary Screening Role To Remake Tort Causation Rules, Lucinda M. Finley
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.
Federal Habeas Corpus And The Mapp Exclusionary Rule After Stone V. Powell, Philip Halpern
Federal Habeas Corpus And The Mapp Exclusionary Rule After Stone V. Powell, Philip Halpern
Journal Articles
No abstract provided.