Evidence Commons^™

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.

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

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

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

University of Miami Law Review

No abstract provided.

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.

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

University of Miami Law Review

No abstract provided.

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

University of Miami Law Review

No abstract provided.

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

University of Miami Law Review

No abstract provided.

Proportional Liability: Statistical Evidence And The Probability Paradox, David A. Fischer

Vanderbilt Law Review

Numerous writers have proposed modifying traditional tort rules to permit plaintiffs to recover from a defendant who contributed to the risk of causing the plaintiff's harm without proving that the defendant actually caused the harm. These proposals would determine recovery by multiplying the plaintiff's total damages by the percentage chance that the defendant caused the damages, thereby giving her a portion of her damages.

Although these proposals for proportional liability take many forms, they may be divided into three major categories. The "proportional damage recovery" category would permit a plaintiff to recover a portion of her damages only after she …

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.

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

BYU Law Review

No abstract provided.

Evidence, Marc T. Treadwell

Mercer Law Review

For seven consecutive years, the Mercer Law Review has been kind enough to ask the author to review Eleventh Circuit evidence decisions. While one may question the wisdom of the Review's annual return to the same well, seven years of reading every Eleventh Circuit decision involving evidentiary issues has allowed the author to note what may loosely be called "trends" in the Eleventh Circuit's decisions. No claim can be made that these observations are based on statistical or empirical data; they derive solely from the author's sense of the Eleventh Circuit's direction and predilections over the past seven years.

First, …

Wallace V. Dunn Construction Co.: Defining The Role Of After-Acquired Evidence In Federal Employment Discrimination Suits, Hugh Lawson Iii

Mercer Law Review

In Wallace v. Dunn Construction Co. the Eleventh Circuit Court of Appeals faced an issue of first impression in the circuit: the role of after-acquired evidence in actions arising under federal employment discrimination statutes, namely Title VII of the Civil Rights Act of 1964 and the Equal Pay Act. The court held that after-acquired evidence cases in which an employer discovers evidence constituting a permissible reason for discharging an employee after that employee has already been discharged for an impermissible reason are distinguishable from mixed-motive cases in which an employer discharges an employee for several reasons, some permissible and …

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

West Virginia Law Review

No abstract provided.

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

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

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

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 at …

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 defendant …

Admissibility Of Expert Testimony On Child Sexual Abuse Accommodation Syndrome In Kentucky, Michele Meyer Mccarthy

Kentucky Law Journal

No abstract provided.

Notes: Admissibility Of An Out-Of-Court Confession: Inability To Make An In-Court Identification Of The Defendant As The Out-Of-Court Confessor, Despite Exactness Of Names And Other Circumstantial Evidence Of Identity, Goes To The Admissibility Rather Than To The Weight Of The Confession. Woodson V. State, 325 Md. 251, 600 A.2d 420 (1992), Roberta C. Sinopole

University of Baltimore Law Review

No abstract provided.

Jaws Xvi: The Exceptions That Ate Rule 220, 26 J. Marshall L. Rev. 189 (1993), Charles W. Chapman

UIC Law Review

No abstract provided.

Admissibility Of Prior Theft Convictions To Impeach Criminal Defendants In Washington State, Hossein Nowbar

Washington Law Review

The majority of the federal circuit courts hold that prior theft convictions are not automatically admissible under Evidence Rule 609(a)(2) as crimes of dishonesty or false statement. The Washington Supreme Court departs from this conclusion and holds all theft crimes automatically admissible under ER 609(a)(2) as crimes of dishonesty or false statement. This Comment discusses the inherent problems in Washington's interpretation of the terms "dishonesty or false statement" in ER 609(a)(2) and suggests three possible solutions that may alleviate those problems.

Constitutional Posture Of Canine Sniffs, Lina Shahin

Touro Law Review

No abstract provided.

Myself Alone: Individualizing Justice Through Psychological Character Evidence, Andrew E. Taslitz

Maryland Law Review

No abstract provided.

In Re Paoli Railroad Yard Pcb Litigation: The Jury's Role In Resolving The Battle Of The Experts, Joseph C. Kohn

Villanova Environmental Law Journal

No abstract provided.

The Unanswered Questions Of Christophersen V. Allied-Signal Corp., Richard O. Faulk

Villanova Environmental Law Journal

No abstract provided.

Much Ado About Nothing - The Supreme Court Still Fails To Solve The General Acceptance Problem Regarding Expert Testimony And Scientific Evidence , Joseph B. Spero

Journal of Law and Health

This paper will discuss and analyze the problem of scientific evidence and expert testimony from Frye v. United States to the new grounds for admissibility established by the Supreme Court of the United States in Daubert v. Merrell Dow Pharmaceuticals, Inc. This note will specifically focus on some of the changes made by the courts to the common law rule and follow its transformation to a more liberal standard within the federal court system. The paper will conclude that the courts have not really changed their position on the admissibility of scientific evidence and that their current criteria still are …