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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 Jan 2001

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 1999

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 Jan 1999

Would A Market-Based Test Clarify Entrapment?, Roger C. Park

Faculty Scholarship

No abstract provided.


Regulating The Market For Snitches , Ian Weinstein Jan 1999

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 Jan 1999

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 Jan 1998

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 Jan 1998

Character At The Crossroads, Roger C. Park

Faculty Scholarship

No abstract provided.


Hearsay, Dead Or Alive?, Roger C. Park Jan 1998

Hearsay, Dead Or Alive?, Roger C. Park

Faculty Scholarship

No abstract provided.


Substantial Assistance And Sentence Severity: Is There A Correlation Substantial Assistance, Ian Weinstein Jan 1998

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 Jan 1998

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 Jul 1997

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 Jan 1997

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 Jan 1997

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 Jan 1996

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 Jan 1996

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 Jan 1996

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 Jan 1996

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 Jan 1996

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 Jan 1995

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 Jan 1995

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 Jan 1995

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 Jan 1995

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 Jan 1995

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 Jan 1995

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 Jan 1994

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 Jan 1994

"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 Jan 1994

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.