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Articles 1 - 30 of 57
Full-Text Articles in Evidence
A New Era In The Evolution Of Scientific Evidence - A Primer On Evaluating The Weight Of Scientific Evidence, Edward J. Imwinkelried
A New Era In The Evolution Of Scientific Evidence - A Primer On Evaluating The Weight Of Scientific Evidence, Edward J. Imwinkelried
William & Mary Law Review
No abstract provided.
Civil Juries And Complex Cases: Let's Not Rush To Judgment, Richard O. Lempert
Civil Juries And Complex Cases: Let's Not Rush To Judgment, Richard O. Lempert
Michigan Law Review
When a fundamental constitutional right is at issue, it is admittedly difficult for the Court to treat the lower courts as laboratories. But if the constitutional right turns on empirical questions, it is better to wait for knowledge than to rush toward a judgment that may later be shown to have vitiated an important right across all circuits. If the Court feels compelled to resolve the conflict, the better decision - if empirical issues are seen as central - is to sustain the right to jury trial regardless of complexity. Sustaining that right will allow courts and researchers to collect …
Witness For The Defense: A Right To Immunity, Robin D. Mass
Witness For The Defense: A Right To Immunity, Robin D. Mass
Vanderbilt Law Review
This Note has outlined various constitutional arguments that the criminal defendant can invoke in support of an application for witness immunity.First, the Note relies on the Supreme Court's decision in United States v. Nixon for its argument that courts should use a flexible separation of powers approach in the context of witness immunity grants. While the Nixon Court accepted the notion that separation of powers protects the decision making authority of the individual branches of government from infringement by the other branches, it observed that the doctrine does not enforce an absolute executive privilege. Thus, the separation of powers doctrine …
Moving Towards An Evidence Law Of General Princples: Several Suggestions Concerning An Evidence Code For North Carolina, Walker J. Blakey
Moving Towards An Evidence Law Of General Princples: Several Suggestions Concerning An Evidence Code For North Carolina, Walker J. Blakey
North Carolina Central Law Review
No abstract provided.
Evidentiary Problems In Multiple Defendant Cases: How To Plan For And Deal With Them, Herman E. Gaskins Jr.
Evidentiary Problems In Multiple Defendant Cases: How To Plan For And Deal With Them, Herman E. Gaskins Jr.
North Carolina Central Law Review
No abstract provided.
The Polygraph: Perceiving Or Deceiving Us, Richard A. Elmore
The Polygraph: Perceiving Or Deceiving Us, Richard A. Elmore
North Carolina Central Law Review
No abstract provided.
Parent-Child Incest: Proof At Trial Without Testimony In Court By The Victim, Dustin P. Ordway
Parent-Child Incest: Proof At Trial Without Testimony In Court By The Victim, Dustin P. Ordway
University of Michigan Journal of Law Reform
This Note argues that the incest victim should not testify personally at trial. Rather, the child's testimony should be replaced with tape-recorded pretrial examinations of the victim by an expert, supplemented by the in-court testimony of the examining expert. Part I discusses how the present system of requiring in-court testimony by the victim harms the child, fails to correct the incest problem, and produces unreliable evidence. Part II outlines and discusses the merits of the proposed reform. Part ill examines the proposed reform in light of the defendant's constitutional rights to due process and to confront witnesses against him. The …
Comparison Evidence In Obscenity Trials, Marguerite Munson Lentz
Comparison Evidence In Obscenity Trials, Marguerite Munson Lentz
University of Michigan Journal of Law Reform
This Article critiques the approach endorsed in Hamling, particularly regarding the Court's failure to consider how the presentation of proof in an obscenity trial affects the defendant's constitutional rights. The Article urges that relevant comparison evidence should be admissible despite the risk of confusion or the opportunity to present expert testimony, and furthermore, that a court should be required to make explicit its findings regarding the relevancy of comparison evidence. Part I of the Article demonstrates the constitutional significance to the obscenity defendant of evidence, particularly comparison exhibits, bearing on prevailing community standards. Part II considers the assessment of …
Criminal Procedure—Scope Of The Exclusionary Rule—Inevitable Discovery Exception Adopted, Melanie J. Strigel
Criminal Procedure—Scope Of The Exclusionary Rule—Inevitable Discovery Exception Adopted, Melanie J. Strigel
University of Arkansas at Little Rock Law Review
No abstract provided.
State Of The Art Evidence Admissible To Rebut Evidence Of Feasible Design Alternatives., Patricia Mary Mcentee
State Of The Art Evidence Admissible To Rebut Evidence Of Feasible Design Alternatives., Patricia Mary Mcentee
St. Mary's Law Journal
Abstract Forthcoming.
Equal Access To Evidence: The Case For The Defense Use Of Immunity For Essential Witnesses, Andrea Lyon
Equal Access To Evidence: The Case For The Defense Use Of Immunity For Essential Witnesses, Andrea Lyon
Law Faculty Publications
No abstract provided.
United States V. Williams: The Good Faith Exception To The Exclusionary Rule, Patricia Walker Bass
United States V. Williams: The Good Faith Exception To The Exclusionary Rule, Patricia Walker Bass
Mercer Law Review
In an opinion with two alternative holdings, the Fifth Circuit Court of Appeals decided en banc United States v. Williams on July 31, 1980. The court first held that, because Ms. Williams' arrest was legal, the incriminating evidence found as a result of the search incident to arrest could be used against her at trial. Alternatively, the court ruled that evidence should not be excluded when it is discovered by officers acting in good faith despite the fact that they are mistaken in thinking that their actions are lawful. This note focuses on the second holding that purports to establish …
Closing The Evidentiary Gap: A Review Of Circuit Court Opinions Analyzing Federal Black Lung Presumptions Of Entitlement, Henry L. Stephens Jr., Alva A. Hollon Jr.
Closing The Evidentiary Gap: A Review Of Circuit Court Opinions Analyzing Federal Black Lung Presumptions Of Entitlement, Henry L. Stephens Jr., Alva A. Hollon Jr.
West Virginia Law Review
No abstract provided.
A Right To Every Woman's Evidence, Richard O. Lempert
A Right To Every Woman's Evidence, Richard O. Lempert
Articles
I am indeed honored to be here with you today, honored to be joining you next year as Iowa's first Mason Ladd Visiting Distinguished Professor of Law, and honored to be giving the first Mason Ladd Lecture. The honor lies not just in the recognition you accord me, but also in the linkage to the man in whose name this recognition is given.
Disclosure Of Grand Jury Materials Under Clayton Act Section 4f(B), Michigan Law Review
Disclosure Of Grand Jury Materials Under Clayton Act Section 4f(B), Michigan Law Review
Michigan Law Review
This Note analyzes the controversy and concludes that the latter courts are correct: Congress never intended to abrogate or modify rule 6(e)'s "particularized need" standard when it enacted section4F(b). Part I discusses whether Congress intended section 4F(b) to require the Attorney General to disclose grand jury materials to state attorneys general upon request, thereby abrogating rule 6(e)'s explicit prohibition against such disclosure. Part II examines the statutory language and legislative history of section). 4F(b) to determine whether Congress intended section 4F(b) to modify rule 6(e)'s "particularized need" standard. Finally, Part III evaluates the policies affected by liberalized disclosure of grand …
The Privacy Protection Act Of 1980: Curbing Unrestricted Third-Party Searches In The Wake Of Zurcher V. Stanford Daily, Jose M. Sariego
The Privacy Protection Act Of 1980: Curbing Unrestricted Third-Party Searches In The Wake Of Zurcher V. Stanford Daily, Jose M. Sariego
University of Michigan Journal of Law Reform
This article analyzes the Privacy Protection Act as a response to Zurcher. Part I discusses the Zurcher decision and its effect on First and Fourth Amendment rights, as well as its impact on state testimonial privileges. Part II critically examines key features of the statute, focusing on the parties and materials protected, the police practices regulated, the remedies provided for violations, and the Act's constitutional underpinnings. Part II also offers suggestions for remedying the problems the Act currently presents. The article concludes that the Privacy Protection Act, while a necessary first step to minimizing the impact of Zurcher, is …
Civil Procedure: Commentary, Faust Rossi
Civil Procedure: Commentary, Faust Rossi
Cornell Law Faculty Publications
No abstract provided.
Reflections On Alfred Hill's "Testimonial Privilege And Fair Trial", Peter Westen
Reflections On Alfred Hill's "Testimonial Privilege And Fair Trial", Peter Westen
University of Michigan Journal of Law Reform
I have learned a great deal from "Testimonial Privilege and Fair Trial"-as I always do from Professor Hill's work. Indeed, he has changed my way of thinking in this area in several important respects. At the same time, I come to rather different conclusions than he regarding each of his three major topics. Part I of this article examines the problem of finding a "remedy" for testimonial privileges that violate a defendant's right to a fair trial. Part II discusses the problem of determining when a defendant is entitled to assert that the "right" has been violated. Finally, Part III …
United States V. Payner--Constriction Of The Federal Courts' Supervisory Power, Mary Rich Lewis
United States V. Payner--Constriction Of The Federal Courts' Supervisory Power, Mary Rich Lewis
West Virginia Law Review
No abstract provided.
Cross-Examination Of An Expert Witness., C.L. Mike Schmidt
Cross-Examination Of An Expert Witness., C.L. Mike Schmidt
St. Mary's Law Journal
Abstract Forthcoming.
Psycholegal Research: Past And Present, Wallace D. Loh
Psycholegal Research: Past And Present, Wallace D. Loh
Michigan Law Review
A Review of The Psychology of Eyewitness Testimony by A. Daniel Yarmey, and Eyewitness Testimony by Elizabeth F. Loftus, and Social Psychology in Court by Michael J. Saks and Reid Hastie, and The Criminal Justice System and Its Psychology by Alfred Cohn and Roy Udolf
Constitutional Law - Privacy - Invasion Of Privacy Justified Where Hospital Records Are Sought For Grand Jury Investigation, Kathleen D. Yesenko
Constitutional Law - Privacy - Invasion Of Privacy Justified Where Hospital Records Are Sought For Grand Jury Investigation, Kathleen D. Yesenko
Villanova Law Review
No abstract provided.
A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal
A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal
Law Faculty Publications
In a criminal case the option to return a general verdict of acquittal invests the jury with the raw power to nullify many legal determinations, including the trial judge's ruling that a search is constitutional. While courts grudingly acknowledge the existence of an extra-legal jury nullification power, courts do not recognize any jury prerogative to determine the lawfulness of a search. The United States Supreme Court's discussion of the jury's role in interpreting and applying the fourth amendment consists of one terse statement that the legality of a search "is a question of fact and law for the court and …
Selected Evidence Problems In Illinois Will Contests, Joachim J. Brown
Selected Evidence Problems In Illinois Will Contests, Joachim J. Brown
Loyola University Chicago Law Journal
No abstract provided.
The Abolition Of The Party-Witness Disqualification: An Historical Survey, Joel N. Bodansky
The Abolition Of The Party-Witness Disqualification: An Historical Survey, Joel N. Bodansky
Kentucky Law Journal
No abstract provided.
Paradoxes, Gedanken Experiments And The Burden Of Proof: A Response To Dr. Cohen's Reply, David H. Kaye
Paradoxes, Gedanken Experiments And The Burden Of Proof: A Response To Dr. Cohen's Reply, David H. Kaye
Journal Articles
This article responds to L. Jonathan Cohen's critique of the author's position regarding the problem of naked statistical evidence. Cohen argues that the kind of probability at work in litigation does not conform to the axioms of mathematical probability. The author responds by suggesting that the familiar theory of probability needs no revision to account for the reluctance of a few courts to permit plaintiffs to prevail on the strength of background statistics alone. One need not adopt Dr. Cohen's esoteric mathematical structure to explain the burden of proof in civil cases. The article shows that whether or not one …
The Admissibility Of Expert Testimony On The Issue Of Eyewitness Identification In Criminal Trials, 2 N. Ill. U. L. Rev. 59 (1981), Edward B. Arnolds, William K. Carroll, Michael P. Seng
The Admissibility Of Expert Testimony On The Issue Of Eyewitness Identification In Criminal Trials, 2 N. Ill. U. L. Rev. 59 (1981), Edward B. Arnolds, William K. Carroll, Michael P. Seng
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Kutak Model Rules V. The American Lawyer's Code Of Conduct, Monroe H. Freedman
The Kutak Model Rules V. The American Lawyer's Code Of Conduct, Monroe H. Freedman
Villanova Law Review
No abstract provided.
The Ohio Rules Of Evidence: Part V, Paul C. Giannelli
The Ohio Rules Of Evidence: Part V, Paul C. Giannelli
Faculty Publications
No abstract provided.