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Articles 181 - 210 of 245
Full-Text Articles in Evidence
Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner
Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner
Faculty Scholarship
No abstract provided.
How Good Is Good Enough? Expert Evidence Under Daubert And Kumho, David L. Faigman, David H. Kaye, Michael J. Saks, Joseph Sanders
How Good Is Good Enough? Expert Evidence Under Daubert And Kumho, David L. Faigman, David H. Kaye, Michael J. Saks, Joseph Sanders
Faculty Scholarship
No abstract provided.
The Limits Of Privilege: The Developing Scope Of Federal Psychotherapist-Patient Privilege Law, Melissa Lee Nelken
The Limits Of Privilege: The Developing Scope Of Federal Psychotherapist-Patient Privilege Law, Melissa Lee Nelken
Faculty Scholarship
No abstract provided.
Keeping The Reformist Spirit Alive In Evidence Law Tribute, Stephen A. Saltzburg, Edward J. Imwinkelried
Keeping The Reformist Spirit Alive In Evidence Law Tribute, Stephen A. Saltzburg, Edward J. Imwinkelried
Faculty Scholarship
No abstract provided.
Looking For Policy In All The Wrong Places: A Comment On The Strategies Of "The Race And Gender Crowd" Toward Evidence Law, David L. Faigman
Looking For Policy In All The Wrong Places: A Comment On The Strategies Of "The Race And Gender Crowd" Toward Evidence Law, David L. Faigman
Faculty Scholarship
No abstract provided.
Would A Market-Based Test Clarify Entrapment?, Roger C. Park
Would A Market-Based Test Clarify Entrapment?, Roger C. Park
Faculty Scholarship
No abstract provided.
Regulating The Market For Snitches , Ian Weinstein
Regulating The Market For Snitches , Ian Weinstein
Faculty Scholarship
These are boom times for the sellers and buyers of cooperation in the federal criminal justice system. While prosecutors have always welcomed the assistance of snitches, tougher federal sentencing laws have led to a significant increase in cooperation as more defendants try to provide "substantial assistance in the investigation or prosecution of another person," to have some chance of receiving a significant sentence reduction. In 1996 one of every five defendants sentenced in the federal courts won mitigation by providing substantial assistance. Many more defendants tried but failed to close the deal. The overheated cooperation market is creating serious problems …
Taking Notes: Subpoenas And Just Compensation, Gary S. Lawson
Taking Notes: Subpoenas And Just Compensation, Gary S. Lawson
Faculty Scholarship
Few cases from the October 1997 Supreme Court term received as much public attention as Swidler & Berlin v United States, which held that the attorney-client privilege survives the death of the client in federal criminal proceedings. If one focuses solely on the issue actually decided in the case, that degree of attention is surprising. The issue had not generated a split among the federal circuits, and there were relatively few decisions-federal or state-squarely on point. The Court's holding was thus unlikely to have a major impact on American law; the paucity of prior case law demonstrates that the question …
The Personhood Argument Against Polygraph Evidence, Or "Even If The Polygraph Really Works, Will Courts Admit The Results?", James R. Mccall
The Personhood Argument Against Polygraph Evidence, Or "Even If The Polygraph Really Works, Will Courts Admit The Results?", James R. Mccall
Faculty Scholarship
No abstract provided.
Character At The Crossroads, Roger C. Park
Hearsay, Dead Or Alive?, Roger C. Park
Substantial Assistance And Sentence Severity: Is There A Correlation Substantial Assistance, Ian Weinstein
Substantial Assistance And Sentence Severity: Is There A Correlation Substantial Assistance, Ian Weinstein
Faculty Scholarship
How much more severe are sentences imposed in districts with low substantial assistance rates than those in which the rate is very high? In the aggregate, not at all. At first blush this may puzzle readers because substantial assistance (SA) departures are very unevenly distributed across districts and SA accounts for nearly two-thirds of all downward departures, almost 7,900 of the 12,000 in fiscal 1996. Although this pattern could result in gross disparities among districts, my analysis of inter-district sentencing patterns reveals no statistically significant correlation between the rate of SA departures and the average length of sentences imposed in …
Conflicts Of Interest In Scientific Expert Testimony, Mark R. Patterson
Conflicts Of Interest In Scientific Expert Testimony, Mark R. Patterson
Faculty Scholarship
Conflicts of interest have significant implications for the reliability of scientific expert testimony. However, the courts' treatment of conflicts is not always in accord either with the treatment of conflicts in scientific practice or with the particular problems that scientists' conflicts present in court. In response, this Article proposes two basic changes in the treatment of scientific expert testimony. First, courts should strive to separate issues of bias from issues of scientific validity-the two sets of issues are now conflated at times. Second, courts should pay more attention to biases of scientists who perform the research underlying expert testimony, whereas …
Liability For Uncertainty: Making Evidential Damage Actionable, Alex Stein, Ariel Porat
Liability For Uncertainty: Making Evidential Damage Actionable, Alex Stein, Ariel Porat
Faculty Scholarship
No abstract provided.
Appellate Review Of Scientific Evidence Under Daubert And Joiner, David L. Faigman
Appellate Review Of Scientific Evidence Under Daubert And Joiner, David L. Faigman
Faculty Scholarship
No abstract provided.
Issues Once Moot: The Other Evidentiary Objections To The Admission Of Exculpatory Polygraph Examinations, James R. Mccall
Issues Once Moot: The Other Evidentiary Objections To The Admission Of Exculpatory Polygraph Examinations, James R. Mccall
Faculty Scholarship
No abstract provided.
Allocating The Burden Of Proof In Sales Litigation, Alex Stein
Allocating The Burden Of Proof In Sales Litigation, Alex Stein
Faculty Scholarship
No abstract provided.
Making The Law Safe For Science: A Proposed Rule For The Admission Of Expert Testimony, David L. Faigman
Making The Law Safe For Science: A Proposed Rule For The Admission Of Expert Testimony, David L. Faigman
Faculty Scholarship
No abstract provided.
The Syndromic Lawyer Syndrome: A Psychological Theory Of Evidentiary Munificence, David L. Faigman
The Syndromic Lawyer Syndrome: A Psychological Theory Of Evidentiary Munificence, David L. Faigman
Faculty Scholarship
No abstract provided.
Misconceptions And Reevaluation–Polygraph Admissibility After Rock And Daubert, James R. Mccall
Misconceptions And Reevaluation–Polygraph Admissibility After Rock And Daubert, James R. Mccall
Faculty Scholarship
No abstract provided.
Character Evidence Issues In The O.J. Simpson Case–Or, Rationales Of The Character Evidence Ban, With Illustrations From The Simpson Case, Roger C. Park
Faculty Scholarship
No abstract provided.
Probability And Proof In State V. Skipper: An Internet Exchange, Roger C. Park, Ronald J. Allen
Probability And Proof In State V. Skipper: An Internet Exchange, Roger C. Park, Ronald J. Allen
Faculty Scholarship
No abstract provided.
The Definition Of Hearsay: To Each Its Own, Roger C. Park
The Definition Of Hearsay: To Each Its Own, Roger C. Park
Faculty Scholarship
No abstract provided.
The Crime Bill Of 1994 And The Law Of Character Evidence: Congress Was Right About Consent Defense Cases, Roger C. Park
The Crime Bill Of 1994 And The Law Of Character Evidence: Congress Was Right About Consent Defense Cases, Roger C. Park
Faculty Scholarship
No abstract provided.
Mapping The Labyrinth Of Scientific Evidence, David L. Faigman
Mapping The Labyrinth Of Scientific Evidence, David L. Faigman
Faculty Scholarship
No abstract provided.
Linguistics And Legal Epistemology: Why The Law Pays Less Attention To Linguists Than It Should, Gary S. Lawson
Linguistics And Legal Epistemology: Why The Law Pays Less Attention To Linguists Than It Should, Gary S. Lawson
Faculty Scholarship
Law and linguistics ought to be natural partners. Modem statutory and constitutional interpretation increasingly focuses on the generally accepted public meaning of legal language. Even persons who do not believe (as I do) that some form of public understanding of the relevant text is the end all, if not quite the be-all, of such interpretation are likely to regard the public understanding of statutory language as at least one relevant factor in legal interpretation. And who better than linguists to inform the law about the true facts regarding public usage and understanding of legal language?
Proposed Evidence Rules 413 To 415 – Some Problems And Recommendations, James S. Liebman
Proposed Evidence Rules 413 To 415 – Some Problems And Recommendations, James S. Liebman
Faculty Scholarship
Section 320935 of the Violent Crime Control and Law Enforcement Act of 1994 proposes three new Federal Rules of Evidence-Rules 413-415 – that would liberalize the admissibility of "propensity evidence" in criminal and civil cases involving allegations of sexual assault and child molestation. This Article expresses some reservations about, and suggests some alternatives to, Proposed Rules 413-415.
Discovery In The Real World, Minna J. Kotkin
Discovery In The Real World, Minna J. Kotkin
Faculty Scholarship
No abstract provided.
"Other Crimes" Evidence In Sex Offense Cases, Roger C. Park, David P. Bryden
"Other Crimes" Evidence In Sex Offense Cases, Roger C. Park, David P. Bryden
Faculty Scholarship
No abstract provided.
Check Your Crystal Ball At The Courthouse Door, Please: Exploring The Past, Understanding The Present, And Worrying About The Future Of Scientific Evidence, David L. Faigman, Elise Porter, Michael J. Saks
Check Your Crystal Ball At The Courthouse Door, Please: Exploring The Past, Understanding The Present, And Worrying About The Future Of Scientific Evidence, David L. Faigman, Elise Porter, Michael J. Saks
Faculty Scholarship
No abstract provided.