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Yeshiva University, Cardozo School of Law

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Full-Text Articles in Evidence

Clemency: A Tool For Extreme And Discriminatory Sentences, Kathryn Miller, Jonathan H. Oberman, Cardozo Criminal Defense Clinic Nov 2023

Clemency: A Tool For Extreme And Discriminatory Sentences, Kathryn Miller, Jonathan H. Oberman, Cardozo Criminal Defense Clinic

Cardozo News 2023

This article appeared in the 2023 edition of Cardozo Life magazine.

For Joaquin Winfield, April 7, 2023, will forever be a day to remember. That is when he was granted clemency by New York Gov. Kathy Hochul after serving 26 years in prison for possession of 4.6 ounces of crack. The disparity in sentences given to people from different races for similar crimes has been widely written about in recent years. Winfield was sentenced under the now-repealed Rockefeller Drug Laws of the 1970s and 1980s. He was sentenced to 37.5 years to life, one of the longest prison sentences in …


A Conversation With Tom Dybdahl, Author Of “When Innocence Is Not Enough: Hidden Evidence And The Failed Promise Of The Brady Rule”, Cardozo Criminal Defense Clinic Sep 2023

A Conversation With Tom Dybdahl, Author Of “When Innocence Is Not Enough: Hidden Evidence And The Failed Promise Of The Brady Rule”, Cardozo Criminal Defense Clinic

Event Invitations 2023

The Supreme Court’s Brady rule of 1963 requires prosecutors to share favorable evidence with defendants. Dybdahl’s book reveals how a series of legal decisions have made it ineffective. Hear what’s at stake when prosecutors conceal evidence, and what can be done about it.


When Innocence Is Not Enough: A Conversation With Tom Dybdahl, Author Of “When Innocence Is Not Enough: Hidden Evidence And The Failed Promise Of The Brady Rule”, Cardozo Criminal Defense Clinic Sep 2023

When Innocence Is Not Enough: A Conversation With Tom Dybdahl, Author Of “When Innocence Is Not Enough: Hidden Evidence And The Failed Promise Of The Brady Rule”, Cardozo Criminal Defense Clinic

Flyers 2023-2024

No abstract provided.


The Executive Branch Anticanon, Deborah Pearlstein Nov 2020

The Executive Branch Anticanon, Deborah Pearlstein

Faculty Articles

Donald Trump’s presidency has given rise to a raft of concerns not just about the wisdom of particular policy decisions but also about the prospect that executive actions might have troubling longer term “precedential” effects. While critics tend to leave undefined what “precedent” in this context means, existing constitutional structures provide multiple mechanisms by which presidential practice can influence future executive branch conduct: judicial actors rely on practice as gloss on constitutional meaning, executive branch officials rely on past practice in guiding institutional norms of behavior, and elected officials outside the executive branch and the people themselves draw on past …


Mitochondrial Dna Replacement: Moral And Halakhic Concerns, J. David Bleich Jan 2018

Mitochondrial Dna Replacement: Moral And Halakhic Concerns, J. David Bleich

Faculty Articles

Mitochondrial DNA (mtDNA), transmitted from mother to child, have their own genetic code that may cause debilitating genetic diseases. To prevent such unfortunate occurrences, researchers have developed a process enabling them to completely replace an ovum’s mitochondria with mitochondria contributed by a donor. Children born by use of this method have genetic material from both the mitochondrial donor and the birth mother; they are “three-parent babies.” Resultant medical, ethical, legal and theological problems are obvious.

Moreover, this technology may pose significant risks to neonates born of such procedures. Certainly no person has the right to cause harm to a fellow …


On The Theory Class's Theories Of Asbestos Litigation: The Disconnect Between Scholarship And Reality, Lester Brickman Jan 2003

On The Theory Class's Theories Of Asbestos Litigation: The Disconnect Between Scholarship And Reality, Lester Brickman

Faculty Articles

No abstract provided.


Government Officials As Attorneys And Clients: Why Privilege The Privileged?, Melanie B. Leslie Jul 2002

Government Officials As Attorneys And Clients: Why Privilege The Privileged?, Melanie B. Leslie

Faculty Articles

No abstract provided.


The Costs Of Confidentiality And The Purpose Of Privilege, Melanie B. Leslie Jan 2000

The Costs Of Confidentiality And The Purpose Of Privilege, Melanie B. Leslie

Faculty Articles

No abstract provided.


Infinite Strands, Infinitesimally Thin: Storytelling, Bayesianism, Hearsay And Other Evidence, Richard D. Friedman Aug 1992

Infinite Strands, Infinitesimally Thin: Storytelling, Bayesianism, Hearsay And Other Evidence, Richard D. Friedman

Cardozo Law Review

No abstract provided.


Hearsay From A Layperson, David A. Schum Aug 1992

Hearsay From A Layperson, David A. Schum

Cardozo Law Review

No abstract provided.


Stories Versus Theories At The Cardozo Evidence Conference: It’S Just Another Metaphor To Me, L. H. Larue Aug 1992

Stories Versus Theories At The Cardozo Evidence Conference: It’S Just Another Metaphor To Me, L. H. Larue

Cardozo Law Review

Cardozo Law School was host to an evidence conference on March 24-26, 1991. The papers have been published, so the conference has been duly memorialized. However, the conference had a "subtext" that differed from the "text," that is, the theme of the conference, judging from the hallway gossip, differed from the officially proclaimed theme; if one reads the published text carefully, one can see the subtext within the text, the unofficial theme alongside the official theme. I asked the editors of this Review to let me record my evaluation of the unofficial theme, so that it may have equal status …


A Response To The “Probative Value” Theory Of Hearsay Suggested By Hearsay From A Layperson, Eleanor Swift Aug 1992

A Response To The “Probative Value” Theory Of Hearsay Suggested By Hearsay From A Layperson, Eleanor Swift

Cardozo Law Review

No abstract provided.


The Garner Exception To Attorney-Client Privilege: A New Approach To “Good Cause”, Victoria A. Kummer Apr 1992

The Garner Exception To Attorney-Client Privilege: A New Approach To “Good Cause”, Victoria A. Kummer

Cardozo Law Review

No abstract provided.


Testing Right - Lying In View Of Justice, Peter Fenves Dec 1991

Testing Right - Lying In View Of Justice, Peter Fenves

Cardozo Law Review

Walter Benjamin: Justice, Right and the Critique of Violence


The Violence Of Contamination And The Violence Of The Pure, Arkady Plotnitsky Dec 1991

The Violence Of Contamination And The Violence Of The Pure, Arkady Plotnitsky

Cardozo Law Review

No abstract provided.


Decision And Inference, Peter Tillers Nov 1991

Decision And Inference, Peter Tillers

Cardozo Law Review

No abstract provided.


The New Evidence Scholarship, William Twining Nov 1991

The New Evidence Scholarship, William Twining

Cardozo Law Review

No abstract provided.


Stories, Forensic Science, And Improved Verdicts, Randolph N. Jonakait Nov 1991

Stories, Forensic Science, And Improved Verdicts, Randolph N. Jonakait

Cardozo Law Review

No abstract provided.


The Admissibility Of Dna Testing, D. H. Kaye Nov 1991

The Admissibility Of Dna Testing, D. H. Kaye

Cardozo Law Review

No abstract provided.


What Dna “Fingerprinting” Can Teach The Law About The Rest Of Forensic Science, Michael J. Saks, Jonathan J. Koehler Nov 1991

What Dna “Fingerprinting” Can Teach The Law About The Rest Of Forensic Science, Michael J. Saks, Jonathan J. Koehler

Cardozo Law Review

No abstract provided.


Kicking Rocks With Dr. Johnson: A Comment On Professor Allen’S Theory, Craig R. Callen Nov 1991

Kicking Rocks With Dr. Johnson: A Comment On Professor Allen’S Theory, Craig R. Callen

Cardozo Law Review

No abstract provided.


A Reply To Allen, L. Jonathan Cohen Nov 1991

A Reply To Allen, L. Jonathan Cohen

Cardozo Law Review

No abstract provided.


Expert-Novice Differences And Implications For Choice Of Bench Versus Jury Trial, Anne W. Martin Nov 1991

Expert-Novice Differences And Implications For Choice Of Bench Versus Jury Trial, Anne W. Martin

Cardozo Law Review

No abstract provided.


Mistrial By Likelihood Ratio: Bayesian Analysis Meets The F-Word, Paul Bergman, Al Moore Nov 1991

Mistrial By Likelihood Ratio: Bayesian Analysis Meets The F-Word, Paul Bergman, Al Moore

Cardozo Law Review

No abstract provided.


Marshalling Information Prior To Litigation, Bernard Robertson Nov 1991

Marshalling Information Prior To Litigation, Bernard Robertson

Cardozo Law Review

No abstract provided.


Refocusing The New Evidence Scholarship, Terence J. Anderson Nov 1991

Refocusing The New Evidence Scholarship, Terence J. Anderson

Cardozo Law Review

No abstract provided.


Decision, Disciplined Inferences And The Adversary Process, Robert S. Thompson Nov 1991

Decision, Disciplined Inferences And The Adversary Process, Robert S. Thompson

Cardozo Law Review

No abstract provided.


Incentives To Spoliate Evidence In Civil Litigation: The Need For Vigorous Judicial Action, Charles R. Nesson Nov 1991

Incentives To Spoliate Evidence In Civil Litigation: The Need For Vigorous Judicial Action, Charles R. Nesson

Cardozo Law Review

No abstract provided.


Hear No Evil, See No Evil: A Comment On Professor Nesson’S Claims About Evidence Suppression, Dale A. Nance Nov 1991

Hear No Evil, See No Evil: A Comment On Professor Nesson’S Claims About Evidence Suppression, Dale A. Nance

Cardozo Law Review

No abstract provided.


Comment On Nesson, Joseph Gastwirth Nov 1991

Comment On Nesson, Joseph Gastwirth

Cardozo Law Review

No abstract provided.