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Villanova University Charles Widger School of Law

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Articles 1 - 30 of 127

Full-Text Articles in Evidence

Pennsylvania Stacks The Deck Against Defendants In Commonwealth V. Alicia, Leaving False Confession Assessments To The Jury, Katherine Reamy Jun 2016

Pennsylvania Stacks The Deck Against Defendants In Commonwealth V. Alicia, Leaving False Confession Assessments To The Jury, Katherine Reamy

Villanova Law Review

No abstract provided.


#Guilty? Sublet V. State And The Authentication Of Social Media Evidence In Criminal Proceedings, Elizabeth A. Flanagan Jun 2016

#Guilty? Sublet V. State And The Authentication Of Social Media Evidence In Criminal Proceedings, Elizabeth A. Flanagan

Villanova Law Review

No abstract provided.


Rule 706: An Underutilized Tool To Be Used When Partisan Experts Become "Hired Guns", Bradford H. Charles Jan 2016

Rule 706: An Underutilized Tool To Be Used When Partisan Experts Become "Hired Guns", Bradford H. Charles

Villanova Law Review

No abstract provided.


"New Wine In An Old Bottle": The Advent Of Social Media Discovery In Pennsylvania Civil Litigation Matters, Daniel E. Cummins Jan 2015

"New Wine In An Old Bottle": The Advent Of Social Media Discovery In Pennsylvania Civil Litigation Matters, Daniel E. Cummins

Villanova Law Review

No abstract provided.


Blystone V. Horn: The Third Circuit Guards Against Inadvertent Waiver Of The Right To Present Mitigating Evidence During A Capital Case, Dylan J. Scher Oct 2014

Blystone V. Horn: The Third Circuit Guards Against Inadvertent Waiver Of The Right To Present Mitigating Evidence During A Capital Case, Dylan J. Scher

Villanova Law Review

No abstract provided.


Rff Family Partnership, Lp V. Burns & Levinson, Llp: Massachusetts Constructs A Functional Framework For In-Firm Privilege And Exposes Other States' Need For Renovation, Kelsey Hughes-Blaum Sep 2014

Rff Family Partnership, Lp V. Burns & Levinson, Llp: Massachusetts Constructs A Functional Framework For In-Firm Privilege And Exposes Other States' Need For Renovation, Kelsey Hughes-Blaum

Villanova Law Review

No abstract provided.


Irreparable Misidentifications And Reliability: Reassessing The Threshold For Admissibility Of Eyewitness Identification, Jules Epstein Jan 2013

Irreparable Misidentifications And Reliability: Reassessing The Threshold For Admissibility Of Eyewitness Identification, Jules Epstein

Villanova Law Review

No abstract provided.


Twenty-First Century Fingerprints: The Third Circuit's Approval Of Dna Collection Upon Arrest In United States V. Mitchell, Megan Pownall Jan 2012

Twenty-First Century Fingerprints: The Third Circuit's Approval Of Dna Collection Upon Arrest In United States V. Mitchell, Megan Pownall

Villanova Law Review

No abstract provided.


A Pennsylvania Road Construction Project Completed: The Attorney-Client Privilege In Pennsylvania Clarified As A Two-Way Street In Gillard V. Aig Insurance Co., Andrew Hubley Jan 2012

A Pennsylvania Road Construction Project Completed: The Attorney-Client Privilege In Pennsylvania Clarified As A Two-Way Street In Gillard V. Aig Insurance Co., Andrew Hubley

Villanova Law Review

No abstract provided.


Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?, David S. Caudill Aug 2011

Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?, David S. Caudill

Working Paper Series

My focus is on an apparent trend at the intersection of the fields of evidentiary standards for expert admissibility and professional responsibility, namely the eagerness to place more ethical responsibilities on lawyers to vet their proffered expertise to ensure its reliability. My reservations about this trend are not only based on its troubling implications for the lawyer’s duty as a zealous advocate, which already has obvious limitations (because of lawyers’ conflicting duties to the court), but are also based on the problematic aspects of many reliability determinations. To expect attorneys—and this is what the proponents of a duty ...


"Introduction" (Chapter 1) Of Stories About Science In Law: Literary And Historical Images Of Acquired Expertise (Ashgate 2011), David S. Caudill Aug 2011

"Introduction" (Chapter 1) Of Stories About Science In Law: Literary And Historical Images Of Acquired Expertise (Ashgate 2011), David S. Caudill

Working Paper Series

This is the introductory chapter of Stories About Science in Law: Literary and Historical Images of Acquired Expertise (Ashgate, 2011), explaining that the book presents examples of how literary accounts can provide a supplement to our understanding of science in law. Challenging the view that law and science are completely different, I focus on stories that explore the relationship between law and science, and identify cultural images of science that prevail in legal contexts. In contrast to other studies on the transfer and construction of expertise in legal settings, the book considers the intersection of three interdisciplinary projects-- law and ...


Book Review: Carl Cranor, Toxic Torts: Science, Law, And The Possibility Of Justice, David S. Caudill Oct 2009

Book Review: Carl Cranor, Toxic Torts: Science, Law, And The Possibility Of Justice, David S. Caudill

Working Paper Series

Carl F. Cranor’s Toxic Torts: Science, Law, and the Possibility of Justice is a sustained, comprehensive argument that the Daubert gatekeeping regime has tilted the playing field against injured plaintiffs in toxic tort litigation. More generally, Cranor joins those who argue that the Daubert regime has not fared well in practice. Complex scientific evidence is not handled well in trials because scientific methods, data, and inferential reasoning are not well understood by gatekeeping judges. Cranor’s goal is to help solve this problem by offering a detailed description of the patterns of reasoning, evidence collection, and inference in nonlegal ...


Arsenic And Old Chemistry: Images Of Mad Alchemists, Experts Attacking Experts, And The Crisis In Forensic Science, David S. Caudill May 2009

Arsenic And Old Chemistry: Images Of Mad Alchemists, Experts Attacking Experts, And The Crisis In Forensic Science, David S. Caudill

Working Paper Series

Drawing on research into the use of experts in early 19th-century criminal trials, the image of mad alchemists in popular culture representations of science, and the distinction between empirical and contingent “interpretive repertoires” in the discourse of scientific controversies, this article explores the controversy over arsenic-detection technologies prior to the Marsh test. In addition to noting the predictable criticism of incompetent expertise in the service of law, this article highlights implied accusations of hubris and amorality on the part of over-confident experts, both in the early 19th-century and in today's crisis of forensic science.


Working Without A Net: The Third Circuit Juggles Skepticism And Deference Inside The Ring Of Products Liability Experts After The Daubert Trilogy In Pineda V. Ford Motor Co. & (And) Calhoun V. Yamaha Corp., Jennifer E. Burke Jan 2009

Working Without A Net: The Third Circuit Juggles Skepticism And Deference Inside The Ring Of Products Liability Experts After The Daubert Trilogy In Pineda V. Ford Motor Co. & (And) Calhoun V. Yamaha Corp., Jennifer E. Burke

Villanova Law Review

No abstract provided.


Alternatives To The Exclusionary Rule After Hudson V. Michigan: Preventing And Remedying Police Misconduct, Alicia M. Hilton Jan 2008

Alternatives To The Exclusionary Rule After Hudson V. Michigan: Preventing And Remedying Police Misconduct, Alicia M. Hilton

Villanova Law Review

No abstract provided.


Credibility: A Fair Subject For Expert Testimony?, Anne Poulin Jul 2007

Credibility: A Fair Subject For Expert Testimony?, Anne Poulin

Working Paper Series

This article explores the ways in which experts can assist the jury to assess the credibility of other witnesses and suggests analytical approaches to such expert testimony. The article argues that the courts should be more receptive to expert testimony bearing on witness credibility and engage in a more nuanced consideration of the role played by proffered expert testimony and how the role of the evidence affects its admissibility. Doing so should lead the courts to embrace the promise of the modern rules of evidence and permit experts to assist juries as they assess credibility.


Legal Ethics And Scientific Testimony: In Defense Of Manufacturing Uncertainty, Deconstructing Expertise And Other Trial Strategies, David S. Caudill Jan 2007

Legal Ethics And Scientific Testimony: In Defense Of Manufacturing Uncertainty, Deconstructing Expertise And Other Trial Strategies, David S. Caudill

Villanova Law Review

No abstract provided.


He Said, She Said: Why Pennsylvania Should Adopt Federal Rules Of Evidence 413 And 414, Jessica D. Khan Jan 2007

He Said, She Said: Why Pennsylvania Should Adopt Federal Rules Of Evidence 413 And 414, Jessica D. Khan

Villanova Law Review

No abstract provided.


The Irrelevance, And Central Relevance, Of The Boundary Between Science And Non-Science In The Evaluation Of Expert Witness Reliability, D. Michael Risinger Jan 2007

The Irrelevance, And Central Relevance, Of The Boundary Between Science And Non-Science In The Evaluation Of Expert Witness Reliability, D. Michael Risinger

Villanova Law Review

No abstract provided.


Idealizing Science And Demonizing Experts: An Intellectual History Of Expert Evidence, Jennifer L. Mnookin Jan 2007

Idealizing Science And Demonizing Experts: An Intellectual History Of Expert Evidence, Jennifer L. Mnookin

Villanova Law Review

No abstract provided.


Where The Rubber Meets The Road: Thinking About Expert Evidence As Expert Testimony, Simon A. Cole Jan 2007

Where The Rubber Meets The Road: Thinking About Expert Evidence As Expert Testimony, Simon A. Cole

Villanova Law Review

No abstract provided.


Finding The Golden Mean With Daubert: An Elusive, Perhaps Impossible, Goal, Robert P. Mosteller Jan 2007

Finding The Golden Mean With Daubert: An Elusive, Perhaps Impossible, Goal, Robert P. Mosteller

Villanova Law Review

No abstract provided.


Expertise In Action: Presenting And Attacking Expert Evidence In Dna Fingerprinting Cases, Michael Lynch Jan 2007

Expertise In Action: Presenting And Attacking Expert Evidence In Dna Fingerprinting Cases, Michael Lynch

Villanova Law Review

No abstract provided.


Supersizing Daubert Science For Litigation And Its Implications For Legal Practice And Scientific Research, Gary Edmond Jan 2007

Supersizing Daubert Science For Litigation And Its Implications For Legal Practice And Scientific Research, Gary Edmond

Villanova Law Review

No abstract provided.


Motives For Idealizing The Pragmatic, Lewis H. Larue Jan 2007

Motives For Idealizing The Pragmatic, Lewis H. Larue

Villanova Law Review

No abstract provided.


Images Of Expertise: Converging Discourses On The Use And Abuse Of Science In Massachusetts V. Epa, David S. Caudill Jan 2007

Images Of Expertise: Converging Discourses On The Use And Abuse Of Science In Massachusetts V. Epa, David S. Caudill

Villanova Environmental Law Journal

No abstract provided.


Expertise And Instinct In The Assessment Of Testamentary Capacity, Pamela Champine Jan 2006

Expertise And Instinct In The Assessment Of Testamentary Capacity, Pamela Champine

Villanova Law Review

No abstract provided.


Revoking Our Privileges: Federal Law Enforcement's Multi-Front Assault On The Attorney-Client Privilege (And Why It Is Misguided), Lance Cole Jan 2003

Revoking Our Privileges: Federal Law Enforcement's Multi-Front Assault On The Attorney-Client Privilege (And Why It Is Misguided), Lance Cole

Villanova Law Review

No abstract provided.


Constructing Products Liability: Reforms In Theory And Procedure, Frank J. Vandall Jan 2003

Constructing Products Liability: Reforms In Theory And Procedure, Frank J. Vandall

Villanova Law Review

No abstract provided.


Of Course We Believe You, But - The Third Circuit's Position On Corroboration Of Credible Testimony, Brian P. Downey, Angelo, A. Stio Iii Jan 2003

Of Course We Believe You, But - The Third Circuit's Position On Corroboration Of Credible Testimony, Brian P. Downey, Angelo, A. Stio Iii

Villanova Law Review

No abstract provided.