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Evidence Commons

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1993

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Full-Text Articles in Evidence

The Proper Role Of After-Acquired Evidence In Employment Discrimination Litigation, Rebecca White, Robert D. Brussack Dec 1993

The Proper Role Of After-Acquired Evidence In Employment Discrimination Litigation, Rebecca White, Robert D. Brussack

Scholarly Works

A new defense to employment discrimination claims has gained acceptance in the lower courts. Employers who allegedly have discriminated against their employees because of race, sex or age are winning judgments on the basis of after-acquired evidence of employee misconduct. The evidence is “after-acquired” in the sense that the misconduct was unknown to the employer at the time the alleged discrimination occurred but was acquired later, often through the use of discovery devices in the employee's discrimination action. Lower courts have accepted the proposition that if the employer would have discharged the plaintiff on the basis of the after-acquired ...


Abusing The Privilege: The Crime-Fraud Exception To Rule 501 Of The Federal Rules Of Evidence, Ann M. St. Peter-Griffith Nov 1993

Abusing The Privilege: The Crime-Fraud Exception To Rule 501 Of The Federal Rules Of Evidence, Ann M. St. Peter-Griffith

University of Miami Law Review

No abstract provided.


Inadequate Interpreting Services In Courts And The Rules Of Admissibility Of Testimony On Extrajudicial Interpretations, Beth G. Lindie Nov 1993

Inadequate Interpreting Services In Courts And The Rules Of Admissibility Of Testimony On Extrajudicial Interpretations, Beth G. Lindie

University of Miami Law Review

No abstract provided.


The Admissibility Of Scientific Evidence: The History And Demise Of Frye V. United States, Lisa Gonzalez Nov 1993

The Admissibility Of Scientific Evidence: The History And Demise Of Frye V. United States, Lisa Gonzalez

University of Miami Law Review

No abstract provided.


United States V. Salerno: An Examination Of Rule 804(B)(1), Judith M. Mercier Nov 1993

United States V. Salerno: An Examination Of Rule 804(B)(1), Judith M. Mercier

University of Miami Law Review

No abstract provided.


Federal Rule Of Evidence 407 As Applied To Products Liability: A Rule In Need Of Remedial Measures, Michele B. Colodney Nov 1993

Federal Rule Of Evidence 407 As Applied To Products Liability: A Rule In Need Of Remedial Measures, Michele B. Colodney

University of Miami Law Review

No abstract provided.


The Meaning Of "Bad Faith" Under The Exceptions To The Hearsay Rule, Peter F. Valori Nov 1993

The Meaning Of "Bad Faith" Under The Exceptions To The Hearsay Rule, Peter F. Valori

University of Miami Law Review

No abstract provided.


The Admissibility Of Other Crimes, Wrongs Or Acts Under The Intent Provision Of Federal Rule Of Evidence 404(B): The Weighing Of Incremental Probity And Unfair Prejudice, Vivian M. Rodriguez Nov 1993

The Admissibility Of Other Crimes, Wrongs Or Acts Under The Intent Provision Of Federal Rule Of Evidence 404(B): The Weighing Of Incremental Probity And Unfair Prejudice, Vivian M. Rodriguez

University of Miami Law Review

No abstract provided.


Admitting Confessions Of Codefendants: Has Lee V. Illinois Created An Additional Hearsay Exception?, Christine Noworyta Nov 1993

Admitting Confessions Of Codefendants: Has Lee V. Illinois Created An Additional Hearsay Exception?, Christine Noworyta

University of Miami Law Review

No abstract provided.


Yes Or No To Consent? Conforming Rule 404(B) To Society's New Understanding Of Acquaintance Rape, Sheri B. Ross Nov 1993

Yes Or No To Consent? Conforming Rule 404(B) To Society's New Understanding Of Acquaintance Rape, Sheri B. Ross

University of Miami Law Review

No abstract provided.


False Witness: A Lawyer's History Of The Law Of Perjury, Richard H. Underwood Oct 1993

False Witness: A Lawyer's History Of The Law Of Perjury, Richard H. Underwood

Law Faculty Scholarly Articles

From Cain to Potiphar's Wife to the pig and chicken laws of the Lex Salica of Clovis I, Professor Underwood examines the role of the false witness throughout history. Take a voyage extraordinaire and encounter some of history's most notorious perjurers.


Evidence, Faust Rossi Oct 1993

Evidence, Faust Rossi

Cornell Law Faculty Publications

No abstract provided.


Criminal Discovery In Oklahoma: A Call For Legislative Action, Rodney J. Uphoff Oct 1993

Criminal Discovery In Oklahoma: A Call For Legislative Action, Rodney J. Uphoff

Faculty Publications

This article first explores the Allen decision and the extent to which Allen changed the law of criminal discovery in Oklahoma. Next, the article examines some of the theoretical and practical problems with the Allen procedures as well as the efforts of the Oklahoma Court of Criminal Appeals to address some of the troublesome questions generated by Allen. Finally, the article discusses the need to replace the Allen provisions with a legislative framework that facilitates pretrial access to information and minimizes “trial ambush,” but without compromising the fair and efficient operation of the adversary system.


Daubert's Significance, Thomas G. Field Jr., Colleen M. Keegan Sep 1993

Daubert's Significance, Thomas G. Field Jr., Colleen M. Keegan

RISK: Health, Safety & Environment (1990-2002)

The authors review and note the limited reach of Daubert v. Merrell Dow Pharmaceuticals. They also address its implications for concerned non-lawyers.


A New Antidote For An Opponent's Pretrial Discovery Misconduct: Treating The Misconduct At Trial As An Admission By Conduct Of The Weakness Of The Opponent's Case, Edward J. Imwinkelried Sep 1993

A New Antidote For An Opponent's Pretrial Discovery Misconduct: Treating The Misconduct At Trial As An Admission By Conduct Of The Weakness Of The Opponent's Case, Edward J. Imwinkelried

BYU Law Review

No abstract provided.


Lights, Camera, Action: Computer-Animated Evidence Gets Its Day In Court, Marc A. Ellenbogen Sep 1993

Lights, Camera, Action: Computer-Animated Evidence Gets Its Day In Court, Marc A. Ellenbogen

Boston College Law Review

No abstract provided.


St. Mary's Honor Center V. Hicks: Interpretation Of Title Vii Takes A Wrong Turn, Teresa C. Postle Sep 1993

St. Mary's Honor Center V. Hicks: Interpretation Of Title Vii Takes A Wrong Turn, Teresa C. Postle

West Virginia Law Review

No abstract provided.


The Criminal Evidence (N.I) Order 1988: A Radical Departure From The Common Law Right To Silence In The U.K.?, Richard Maloney Aug 1993

The Criminal Evidence (N.I) Order 1988: A Radical Departure From The Common Law Right To Silence In The U.K.?, Richard Maloney

Boston College International and Comparative Law Review

No abstract provided.


1. Children's Decision-Making Competency: Misunderstanding Piaget., Thomas D. Lyon Jul 1993

1. Children's Decision-Making Competency: Misunderstanding Piaget., Thomas D. Lyon

Thomas D. Lyon

Children's decision making ability is important in a number of areas in the law.  A child's competence to decide affects how her actions and opinions are evaluated in family court proceedings, dependency actions, delinquency cases, and civil suits.


Prosecuting Child Sexual Abuse: A Survey Of Evidentiary Modifications In West Virginia, Kelley L. Brown Jun 1993

Prosecuting Child Sexual Abuse: A Survey Of Evidentiary Modifications In West Virginia, Kelley L. Brown

West Virginia Law Review

No abstract provided.


1. Young Children's Understanding Of Forgetting Over Time., Thomas D. Lyon, John H. Flavell May 1993

1. Young Children's Understanding Of Forgetting Over Time., Thomas D. Lyon, John H. Flavell

Thomas D. Lyon

2 studies investigated young children's understanding that as the retention interval increases, so do the chances that one will forget. In Study 1 (24 3-year-olds and 24 4-year-olds), 4-year-olds but not 3-year-olds understood that of 2 characters who simultaneously saw an object, the character who waited longer before attempting to find it would not remember where it was. In study 2 (24 3-year-olds and 24 4-year-olds), 4-year-olds but not 3-year-olds understood that of 2 objects seen by a character, the object that was seen a "long long time ago" would be forgotten and the object seen "a little while ...


Taking Fact Analysis Seriously, Bernard Robertson, G. A. Vignaux May 1993

Taking Fact Analysis Seriously, Bernard Robertson, G. A. Vignaux

Michigan Law Review

A Review of Analysis of Evidence: How To Do Things with Facts Based on Wigmore's Science of Judicial Proof by Terence Anderson and William Twining


Intellectual History, Probability, And The Law Of Evidence, Peter Tillers May 1993

Intellectual History, Probability, And The Law Of Evidence, Peter Tillers

Michigan Law Review

A Review of "Beyond Reasonable Doubt" ad "Probable Cause": Historical Perspectives on the Anglo-American Law of Evidence by Barbara J. Shapiro


The Residual Hearsay Exception Reconsidered, James E. Beaver Apr 1993

The Residual Hearsay Exception Reconsidered, James E. Beaver

Florida State University Law Review

No abstract provided.


Toward A Liberal Application Of The "Close Of All The Evidence" Requirement Of Rule 50(B) Of The Federal Rules Of Civil Procedure: Embracing Fairness Over Formalism, Rollin A. Ransom Mar 1993

Toward A Liberal Application Of The "Close Of All The Evidence" Requirement Of Rule 50(B) Of The Federal Rules Of Civil Procedure: Embracing Fairness Over Formalism, Rollin A. Ransom

Michigan Law Review

This Note examines the language and purposes of rule 50 to determine if and when a relaxed application of its requirements is appropriate. Part I considers the terms and goal of the rule and concludes that its purpose is to put the party opposing the motion for judgment as a matter of law on notice of the movant's assertion that the evidence is insufficient as a matter of law, and to provide the opposing party an opportunity to "cure." Part II discusses courts' varying application of the requirement that a motion for judgment as a matter of law made ...


The Sexual Innocence Inference Theory As A Basis For The Admissibility Of A Child Molestation Victim's Prior Sexual Conduct, Christopher B. Reid Feb 1993

The Sexual Innocence Inference Theory As A Basis For The Admissibility Of A Child Molestation Victim's Prior Sexual Conduct, Christopher B. Reid

Michigan Law Review

The sexual innocence inference refers to the thought process a jury follows when it hears a young child testify about sexual acts and matters that reveal an understanding of such acts beyond the capacity likely at his or her age. A jury is likely to assume that because the child is so young, he or she must be innocent of sexual matters. Shocked by the child's display on the witness stand, the jury may then infer that the child could have acquired such knowledge only if the charged offense of child molestation is true. To rebut this inference, a ...


Investigative Interviews Of Children: Should They Be Videotaped, John E.B. Myers Jan 1993

Investigative Interviews Of Children: Should They Be Videotaped, John E.B. Myers

McGeorge School of Law Scholarly Articles

No abstract provided.


Expert Testimony Describing Psychological Syndromes, John E.B. Myers Jan 1993

Expert Testimony Describing Psychological Syndromes, John E.B. Myers

McGeorge School of Law Scholarly Articles

No abstract provided.


The Paradox Of Ideology, Justin Schwartz Jan 1993

The Paradox Of Ideology, Justin Schwartz

Justin Schwartz

A standard problem with the objectivity of social scientific theory in particular is that it is either self-referential, in which case it seems to undermine itself as ideology, or self-excepting, which seem pragmatically self-refuting. Using the example of Marx and his theory of ideology, I show how self-referential theories that include themselves in their scope of explanation can be objective. Ideology may be roughly defined as belief distorted by class interest. I show how Marx thought that natural science was informed by class interest but not therefore necessarily ideology. Capitalists have an interest in understanding the natural world (to a ...


Comment Of An Expert: Biomarker Evidence Following Exposure To Pollutants, A. C. Zahalski, P.R. Mcconnachie Jan 1993

Comment Of An Expert: Biomarker Evidence Following Exposure To Pollutants, A. C. Zahalski, P.R. Mcconnachie

Villanova Environmental Law Journal

No abstract provided.