Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
-
- University of Michigan Law School (8)
- UIC School of Law (3)
- University of Washington School of Law (3)
- Villanova University Charles Widger School of Law (3)
- University of Richmond (2)
-
- Vanderbilt University Law School (2)
- Washington and Lee University School of Law (2)
- Cleveland State University (1)
- Florida State University College of Law (1)
- Maurer School of Law: Indiana University (1)
- Seattle University School of Law (1)
- University at Buffalo School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- West Virginia University (1)
- William & Mary Law School (1)
- Keyword
-
- Police (5)
- Evidence (3)
- Searches (3)
- Seizures (3)
- Treaties (3)
-
- Extradition (2)
- Foreign Corrupt Practices Act (2)
- Information (2)
- Information exchange (2)
- International crime (2)
- United States Supreme Court (2)
- Witness (2)
- Accounting (1)
- Admissible evidence (1)
- Alltmont v. United States (1)
- Anchor Motor Freight v. Paul (1)
- Attorney-Client Privilege (1)
- Authority (1)
- Behavior (1)
- Blood tests as evidence (1)
- Bond v. Joyner (1)
- Bribery (1)
- Business records (1)
- C. McCormick (1)
- Character for truthfulness (1)
- Colonial Pipeline Co. v. Lohman (1)
- Compensation (1)
- Competence (1)
- Corruption (1)
- Credibility (1)
- Publication
-
- Michigan Law Review (4)
- Michigan Journal of International Law (3)
- UIC Law Review (3)
- Villanova Law Review (3)
- Washington Law Review (3)
-
- University of Richmond Law Review (2)
- Vanderbilt Law Review (2)
- Washington and Lee Law Review (2)
- Buffalo Law Review (1)
- Cleveland State Law Review (1)
- Florida State University Law Review (1)
- Indiana Law Journal (1)
- Seattle University Law Review (1)
- University of Arkansas at Little Rock Law Review (1)
- University of Michigan Journal of Law Reform (1)
- West Virginia Law Review (1)
- William & Mary Law Review (1)
Articles 1 - 30 of 31
Full-Text Articles in Evidence
Waiving The Physician-Patient Privilege In Involuntary Commitment Proceedings In Washington—In Re R., 97 Wn. 2d 182, 641 P.2d 704 (1982), Brett T. Delange
Waiving The Physician-Patient Privilege In Involuntary Commitment Proceedings In Washington—In Re R., 97 Wn. 2d 182, 641 P.2d 704 (1982), Brett T. Delange
Washington Law Review
In analyzing the court's decision in In re R., this Note will first review the physician-patient privilege. Next, it will assess the court's analysis and application of the statutory waiver in section 71.05.250 of the Washington Revised Code to hearings for ninety-day commitment. This Note concludes that while the court correctly applied the statutory waiver to hearings for ninety-day commitment, the court's standard of reasonableness in applying the waiver of the privilege in this case was improper. Because the physician-patient privilege is a valuable tool in encouraging patients to seek therapeutic treatment, this Note recommends that the courts require a …
The Parol Evidence Rule: Promissory Estoppel's Next Conquest?, Michael B. Metzger
The Parol Evidence Rule: Promissory Estoppel's Next Conquest?, Michael B. Metzger
Vanderbilt Law Review
The parol evidence rule, at first glance, seems to be such a candidate for many reasons. The parol evidence rule has confused" and dissatisfied legal scholars for a long time; for example, Professor Wigmore condemned the rule as "the most discouraging subject in the whole field of evidence."' Bringing the rule within estoppel's domain could simplify the application of the rule,' and legal scholars should appreciate anything that could clarify and rationalize its application. Furthermore, that promissory estoppel already has made substantial incursions into the province of the Statute of Frauds may portend a similar role for promissory estoppel in …
Sexual Abuse Of Children—Washington's New Hearsay Exception, Sheryl K. Peterson
Sexual Abuse Of Children—Washington's New Hearsay Exception, Sheryl K. Peterson
Washington Law Review
Part I of this Comment evaluates the new hearsay exception as a rule of evidence. It concludes that the exception is an appropriate solution to the special hearsay problems that arise in child sexual abuse cases. Part II considers whether the exception violates the accused's constitutional right to confront the witnesses against him or her. It concludes that the exception is not unconstitutional per se, although specific applications of the exception may be unconstitutional.
Human Leukocyte Antigen Testing: Technology Versus Policy In Cases Of Disputed Parentage, Patricia B. Blumberg
Human Leukocyte Antigen Testing: Technology Versus Policy In Cases Of Disputed Parentage, Patricia B. Blumberg
Vanderbilt Law Review
This Note assumes that the judicial trend of using HLA test results as affirmative evidence" will continue, and accepts the proposal that these results are scientifically reliable.' The Note will focus on the policy considerations and arguments that should affect the admissibility of the HLA blood test as affirmative evidence in various disputed parentage cases.This Note first examines the use of HLA test results to determine the paternity of illegitimate children who do not have a legal father, and concludes that courts should admit the results unconditionally in these circumstances. Second, the Note analyzes the use of the HLA blood …
Weight Versus Sufficiency Of Evidence: Tibbs V. Florida, Thomas S. Ginter
Weight Versus Sufficiency Of Evidence: Tibbs V. Florida, Thomas S. Ginter
Buffalo Law Review
No abstract provided.
Evidence In Capital Cases, John Kaplan
Evidence In Capital Cases, John Kaplan
Florida State University Law Review
No abstract provided.
Federal Rule Of Evidence 403: Observations On The Nature Of Unfairly Prejudicial Evidence, Victor J. Gold
Federal Rule Of Evidence 403: Observations On The Nature Of Unfairly Prejudicial Evidence, Victor J. Gold
Washington Law Review
The object of this article is to identify what makes evidence unfairly prejudicial. The first part analyzes the language of and the policies behind Rule 403, and demonstrates that the courts' current ad hoc approach has frustrated those policies and prevented the rule from operating as written. Part II analyzes the nature of unfairly prejudicial evidence in light of the policies intended to be advanced by Rule 403. That part concludes that evidence may be considered unfairly prejudicial when it has a tendency to cause the trier of fact to commit an inferential error. The third part describes recent empirical …
Good Faith, The Exclusionary Remedy, And Rule-Oriented Adjudication In The Criminal Process, Gerald G. Ashdown
Good Faith, The Exclusionary Remedy, And Rule-Oriented Adjudication In The Criminal Process, Gerald G. Ashdown
William & Mary Law Review
No abstract provided.
Evidence - Incidents Of Shoplifting Not Probative Of Truthfulness Under Rule 608(B), Shelly Kim Kritz
Evidence - Incidents Of Shoplifting Not Probative Of Truthfulness Under Rule 608(B), Shelly Kim Kritz
University of Arkansas at Little Rock Law Review
No abstract provided.
Government Compensation For The Costs Of Producting Subpoenaed Documents: A Proposal For Legislative Reform, Norman Gross
Government Compensation For The Costs Of Producting Subpoenaed Documents: A Proposal For Legislative Reform, Norman Gross
University of Michigan Journal of Law Reform
Current statutory and case law provide for the compensation of select categories of persons and entities that provide evidence to the federal government. This compensation scheme is inequitable insofar as it treats similarly situated persons and entities dissimilarly. This Note advocates the adoption of a blanket statutory provision to compensate all third party custodians for incurred costs in producing documents in compliance with a subpoena duces tecum issued on behalf of a federal authority. Part I describes the current federal reimbursement scheme. Part II examines the inequities that the current statutory scheme imposes upon similarly situated entities and argues for …
Evidentiary Issues, John M. Purcell
Forgotten Points In The "Exclusionary Rule" Debate, James Boyd White
Forgotten Points In The "Exclusionary Rule" Debate, James Boyd White
Michigan Law Review
Most contemporary discussions of the "exclusionary rule" assume or assert that this "rule" is not part of the fourth amendment, nor required by its terms, but is rather a judicial "remedy" that was fashioned to protect those rights (against unreasonable search and seizure) that actually are granted by the fourth amendment. The protection is said to work by "deterring" official violations; this is, however, an odd use of the word, for the rule does not punish violations but merely deprives the government of some of the benefits that might ensue from them, namely the use in the criminal case of …
The Fourth Amendment As A Device For Protecting The Innocent, Arnold H. Loewy
The Fourth Amendment As A Device For Protecting The Innocent, Arnold H. Loewy
Michigan Law Review
Part I of this Article establishes that the government has a right to search for and seize evidence of crime. Part II develops the corollary proposition that the fourth amendment does not protect the right to secrete evidence of crime. Part III explores the impact of the reasonable expectation of privacy concept on the innocent. Part IV evaluates consent searches and their effect on the innocent. Finally, Part V considers the exclusionary rule as a device for protecting the innocent.
Watching The Judiciary Watch The Police, Jon O. Newman
Watching The Judiciary Watch The Police, Jon O. Newman
Michigan Law Review
A Review of Police Practices and the Law: Essays from the Michigan Law ReviewThe University of Michigan Press
Legal Psychology: Eyewitness Testimony--Jury Behavior, Michigan Law Review
Legal Psychology: Eyewitness Testimony--Jury Behavior, Michigan Law Review
Michigan Law Review
A Review of Legal Psychology: Eyewitness Testimony--Jury Behavior by L. Craig Parker
The Standard For Admitting Scientific Evidence: A Critique From The Perspective Of Juror Psychology, Edward J. Imwinkelried
The Standard For Admitting Scientific Evidence: A Critique From The Perspective Of Juror Psychology, Edward J. Imwinkelried
Villanova Law Review
No abstract provided.
International Cooperation In Penal Matters: The "Lockheed Agreements", Bruno A. Ristau
International Cooperation In Penal Matters: The "Lockheed Agreements", Bruno A. Ristau
Michigan Journal of International Law
In February 1976, officials of the Lockheed Aircraft Corporation testified before a Senate committee that their company had paid $12.6 million in bribes, commissions and fees to Japanese businessmen and government officials to promote sales of Lockheed planes. News of these bribes rocked Japan's political establishment and governmental institutions. The Japanese Diet (parliament) passed a resolution urging that the United States government disclose to the Diet the names of the Japanese officials involved in these bribes. Prime Minister Takeo Mild sent a personal letter to President Ford requesting that the United States make available all information in its possession bearing …
Corporate And Institutional Accident Investigations As Work Product Pursuant To The Rules Of The Supreme Court Of Virginia, William Todd Benson
Corporate And Institutional Accident Investigations As Work Product Pursuant To The Rules Of The Supreme Court Of Virginia, William Todd Benson
University of Richmond Law Review
If the magnitude of the mishap so warrants, many businesses immediately call their insurance adjuster or other accident investigator. In some of the larger businesses, accident investigation and insurance have become in-house operations. This quick reflex toward early fact investigation is prompted, in part, by a healthy respect for the potentiality of claims arising out of the day to day conduct of business affairs. When a suit against such company ultimately is ified and discovery sought, an issue often arises concerning whether early institutional investigations are "work product" for purposes of the federal or Virginia rules of civil procedure. This …
The Preclusiveness Of A Party's Testimony: Sixty Years Of Massie V. Firmstone In Virginia, Ann L. Hardy
The Preclusiveness Of A Party's Testimony: Sixty Years Of Massie V. Firmstone In Virginia, Ann L. Hardy
University of Richmond Law Review
The rule that a party may rise no higher than his own testimony was first articulated in Virginia in Massie v. Firmstone. It has been criticized, misunderstood, and misapplied, but since its inception in 1922, it has grown into an important rule of evidence and procedure. The practitioner must consider the implications of the rule from the moment he begins to gather evidence that he expects to present in the form of live testimony.
Witness Explanations During Cross-Examination: A Rule Of Evidence Examined, Jeffrey A. Boyll
Witness Explanations During Cross-Examination: A Rule Of Evidence Examined, Jeffrey A. Boyll
Indiana Law Journal
No abstract provided.
The Pitfalls Of Will Contest Litigation, 16 J. Marshall L. Rev. 499 (1983), Peter I. Mason, Mark W. Weisbard
The Pitfalls Of Will Contest Litigation, 16 J. Marshall L. Rev. 499 (1983), Peter I. Mason, Mark W. Weisbard
UIC Law Review
No abstract provided.
A Proposal For Discovery Depositions For Criminal Cases In Illinois, 16 J. Marshall L. Rev. 547 (1983), James J. Graney
A Proposal For Discovery Depositions For Criminal Cases In Illinois, 16 J. Marshall L. Rev. 547 (1983), James J. Graney
UIC Law Review
No abstract provided.
Memory Restored Or Confabulated By Hypnosis—Is It Competent?, James E. Beaver
Memory Restored Or Confabulated By Hypnosis—Is It Competent?, James E. Beaver
Seattle University Law Review
This article examines the scientific basis of hypnosis and concludes that previously hypnotized witnesses are incompetent to testify concerning matters discussed under hypnosis. Unbiased examination of scientific literature discloses that persons under hypnosis are highly motivated to please the hypnotist and therefore are likely to fantasize rather than accurately recall lost memories. After hypnosis these false impressions are fixed as true and the witness is unshakable on cross-examination. Therefore, the McCormick relevancy test is inadequate, and hypnosis tainted testimony, like other scientific evidence, must meet the stricter Frye standard before being presented to the finder of fact. Hypnosis presently does …
International Exchange Of Information In Criminal Cases, Michael E. Tigar, Austin J. Doyle Jr.
International Exchange Of Information In Criminal Cases, Michael E. Tigar, Austin J. Doyle Jr.
Michigan Journal of International Law
This article describes some of the means by which police and prosecutors obtain information in international criminal matters. An exhaustive catalog is not presented; rather, examples of international cooperation and conflict are dwelled upon to illustrate the need for systematic development of international law principles governing the interpretation and application of treaties, and the enforcement in both the demanding and the rendering state of rules concerning information exchange. These rules and principles should honor expectations of privacy and confidentiality, make dear the obligations of foreign persons and entities, including financial institutions, and ensure mutual respect for the sovereign interests of …
The Quantum Of Evidence Required To Extradite From The United States, Robert J. Rosoff
The Quantum Of Evidence Required To Extradite From The United States, Robert J. Rosoff
Michigan Journal of International Law
This article argues that it is appropriate to require that requesting countries meet the uniform federal bindover standard to obtain extradition from the United States, rather than a more stringent state standard. The federal bindover standard of probable cause accomplishes the purpose of United States extradition procedure better than any other evidentiary standard. It affords an alleged fugitive more protection from unjustified extradition than is available in most countries. Furthermore, the reasons advanced by advocates of a more stringent bindover standard in the domestic criminal setting do not apply to extradition hearings.
People V. Eichelberger: Police-Created Probable Cause As An Exigent Circumstance, 16 J. Marshall L. Rev. 457 (1983), Leslie B. Wulfsohn
People V. Eichelberger: Police-Created Probable Cause As An Exigent Circumstance, 16 J. Marshall L. Rev. 457 (1983), Leslie B. Wulfsohn
UIC Law Review
No abstract provided.
Evidence - Independent Auditor's Tax Accrual Workpapers Shielded From Irs Summons Power By Accountant Work-Product Privilege, Jeffrey Markowitz
Evidence - Independent Auditor's Tax Accrual Workpapers Shielded From Irs Summons Power By Accountant Work-Product Privilege, Jeffrey Markowitz
Villanova Law Review
No abstract provided.
Evidence - Privilege Against Adverse Spousal Testimony - A Testifying Spouse May Invoke The Privilege Against Adverse Spousal Testimony In A Grand Jury Proceeding Even Though The Government Has Promised That The Nontestifying Spouse Will Not Be Indicted By That Particular Grand Jury If The Nontestifying Spouse Is A Target Of The Underlying Investigation, Gary S. Lewis
Villanova Law Review
No abstract provided.
The Availability Of The Attorney-Client And Work-Product Privileges In Shareholder Litigation, Donald B. Lewis
The Availability Of The Attorney-Client And Work-Product Privileges In Shareholder Litigation, Donald B. Lewis
Cleveland State Law Review
In Garner v. Wolfinbarger, the United States Court of Appeals for the Fifth Circuit broke important ground in the law of the attorney-client privilege. The court held that in securities litigation in which the officers and directors of a corporation are charged with having acted inimically to shareholder interests, a plaintiff is entitled to show "good cause" why the privilege should not be invoked by the corporation to preclude discovery of relevant evidence. This decision has been applauded and followed by most federal courts. At the same time, the efficacy of such principles has been substantially undercut by unwarranted glosses …