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Full-Text Articles in Evidence

The (Mis)Application Of Rule 404(B) Heuristics, Dora W. Klein Apr 2018

The (Mis)Application Of Rule 404(B) Heuristics, Dora W. Klein

University of Miami Law Review

In all of the federal circuit courts of appeals, application of Rule 404(b) of the Federal Rules of Evidence has been distorted by judicially-created “tests” that, while intended to assist trial courts in properly admitting or excluding evidence, do not actually test for the kind of evidence prohibited by this rule. Rule 404(b) prohibits evidence of “crimes, wrongs, or other acts” if the purpose for admitting the evidence is to prove action in accordance with a character trait. This evidence is commonly referred to as “propensity” evidence, or “once a drug dealer, always a drug dealer” evidence.

This ...


Neither Strict Nor Nuanced: The Balanced Standard For False Claims Act Pleading In The Eleventh Circuit, C. Caitlin Giles Aug 2016

Neither Strict Nor Nuanced: The Balanced Standard For False Claims Act Pleading In The Eleventh Circuit, C. Caitlin Giles

University of Miami Law Review

False Claims Act litigation is more hotly contested than ever before. One such controversial issue plaguing federal courts is the proper application of Federal Rule of Civil Procedure 9(b) to actions arising under the False Claims Act. The explosion of litigation under the FCA caused a circuit split to emerge on the correct standard to use when applying Rule 9(b)’s heightened pleading requirement for more particularity. Specifically, courts are split on the level of specificity required to prove that a false claim was submitted to the government. Some apply a “strict” interpretation and require pleadings to include ...


To Discovery And Beyond: A Comprehensive Look At Argentina’S Data Protection Laws, Sean Mccleary Feb 2016

To Discovery And Beyond: A Comprehensive Look At Argentina’S Data Protection Laws, Sean Mccleary

University of Miami Inter-American Law Review

This article strives to shed light on the interplay between discovery practice under the Federal Rules of Civil Procedure, Argentina's data protection laws, and the ever-present possibility of discovery sanctions. For all intents and purposes, data protections laws serve as a double-edged sword that seek to protect an individual's privacy; however, data protection laws were not designed with litigation in mind. And because of that, it can be difficult for an Argentine company to comply with a discovery request that would implicate an individual's data privacy under Argentine law. In the end, it comes down to a ...


Mind The Analytical Gap! Tracing A Fault Line In Daubert, Susan Haack Jan 2016

Mind The Analytical Gap! Tracing A Fault Line In Daubert, Susan Haack

Articles

No abstract provided.


Do Sexually Violent Predator Laws Violate Double Jeopardy Or Substantive Due Process? An Empirical Inquiry, Tamara Rice Lave, Justin Mccrary Jan 2013

Do Sexually Violent Predator Laws Violate Double Jeopardy Or Substantive Due Process? An Empirical Inquiry, Tamara Rice Lave, Justin Mccrary

Articles

No abstract provided.


Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Tamara Rice Lave, Aviva Orenstein Jan 2013

Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Tamara Rice Lave, Aviva Orenstein

Articles

In a significant break with traditional evidence rules and policies, Federal Rules of Evidence 413-414 allow jurors to use the accused's prior sexual misconduct as evidence of character and propensity to commit the sex crime charged. As reflected in their legislative history, these propensity rules rest on the assumption that sexual predators represent a small number of highly deviant and recidivistic offenders. This view of who commits sex crimes justified the passage of the sex-crime propensity rules and continues to influence their continuing adoption among the states and the way courts assess such evidence under Rule 403. In depending ...


A Match Made On Earth: Getting Real About Science And The Law, Susan Haack Jan 2013

A Match Made On Earth: Getting Real About Science And The Law, Susan Haack

Articles

Modern legal systems increasingly depend on scientific testimony; but they also need somehow to ensure, so far as possible, that fact-finders aren't misled by highly speculative, poorly-conducted, or dishonestly-presented science. The Critical Common-sensist understanding of science that the author has developed in Defending Science and elsewhere sheds some light on why these interactions between law and science have proven so problematic. But Ms. Acharya's approach to these difficult issues rests on a flawed conception of the supposed "scientific method, " and an idea of legal "legitimacy" too weak to bear the weight she places on it; and her claim ...


Federal Philosophy Of Science: A Deconstruction- And A Reconstruction, Susan Haack Jan 2010

Federal Philosophy Of Science: A Deconstruction- And A Reconstruction, Susan Haack

Articles

No abstract provided.


The Majestic And The Mundane: The Two Creation Stories Of The Exclusionary Rule, Scott E. Sundby, Lucy B. Ricca Jan 2010

The Majestic And The Mundane: The Two Creation Stories Of The Exclusionary Rule, Scott E. Sundby, Lucy B. Ricca

Articles

No abstract provided.


Irreconcilable Differences? The Troubled Marriage Of Science And Law, Susan Haack Jan 2009

Irreconcilable Differences? The Troubled Marriage Of Science And Law, Susan Haack

Articles

No abstract provided.


Of Truth, In Science And In Law, Susan Haack Jan 2008

Of Truth, In Science And In Law, Susan Haack

Articles

No abstract provided.


What's Wrong With Litigation-Driven Science? An Essay In Legal Epistemology, Susan Haack Jan 2008

What's Wrong With Litigation-Driven Science? An Essay In Legal Epistemology, Susan Haack

Articles

No abstract provided.


Proving Causation: The Holism Of Warrant And The Atomism Of Daubert, Susan Haack Jan 2008

Proving Causation: The Holism Of Warrant And The Atomism Of Daubert, Susan Haack

Articles

No abstract provided.


Peer Review And Publication: Lessons For Lawyers, Susan Haack Jan 2007

Peer Review And Publication: Lessons For Lawyers, Susan Haack

Articles

No abstract provided.


Epistemology Legalized: Or, Truth, Justice, And The American Way, Susan Haack Jan 2004

Epistemology Legalized: Or, Truth, Justice, And The American Way, Susan Haack

Articles

No abstract provided.


Protecting The Citizen Whilst He Is Quiet: Suspicionless Searches, Special Needs And General Warrants, Scott E. Sundby Jan 2004

Protecting The Citizen Whilst He Is Quiet: Suspicionless Searches, Special Needs And General Warrants, Scott E. Sundby

Articles

No abstract provided.


The Capital Jury And Empathy: The Problem Of Worthy And Unworthy Victims, Scott E. Sundby Jan 2003

The Capital Jury And Empathy: The Problem Of Worthy And Unworthy Victims, Scott E. Sundby

Articles

No abstract provided.


Trials And Tribulations: Science In The Law, Susan Haack Jan 2003

Trials And Tribulations: Science In The Law, Susan Haack

Articles

No abstract provided.


A Response To Professor Graham, Thomas Dillickrath Jul 2001

A Response To Professor Graham, Thomas Dillickrath

University of Miami Law Review

No abstract provided.


Evidence Of Innocence Offered By The Criminal Defendant: "Not So Fast"; Response, Professor Kenneth W. Graham Jr. Jul 2001

Evidence Of Innocence Offered By The Criminal Defendant: "Not So Fast"; Response, Professor Kenneth W. Graham Jr.

University of Miami Law Review

No abstract provided.


Response, Yvette J. Bessent Jul 2001

Response, Yvette J. Bessent

University of Miami Law Review

No abstract provided.


Hypotherical Fact-Pattern Jul 2001

Hypotherical Fact-Pattern

University of Miami Law Review

No abstract provided.


Tales Out Of School-Spillover Confessions And Against-Interest Statements Naming Others, Professor Christopher B. Mueller Jul 2001

Tales Out Of School-Spillover Confessions And Against-Interest Statements Naming Others, Professor Christopher B. Mueller

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 Jul 2001

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.


When Children And The Elderly Are Victims: Balancing The Rights Of The Accused Against Those Of The Victim, Professor Charles W. Ehrhardt Jul 2001

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.


Reply To Professor Ehrhardt, Michael D. Sanger Jul 2001

Reply To Professor Ehrhardt, Michael D. Sanger

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 Jul 2001

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 Jul 2001

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.


A Response To Professor Mueller, Jennifer Christianson Jul 2001

A Response To Professor Mueller, Jennifer Christianson

University of Miami Law Review

No abstract provided.


Perry Mason Meets The "Legitimate Tendency" Standard Of Admissibility (And Doesn't Like What He Sees), Brett C. Powell Jul 2001

Perry Mason Meets The "Legitimate Tendency" Standard Of Admissibility (And Doesn't Like What He Sees), Brett C. Powell

University of Miami Law Review

No abstract provided.