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Articles 31 - 60 of 67
Full-Text Articles in Evidence
The Title Vii Pretext Question: Resolved In Light Of St. Mary's Honor Center V. Hicks, Robert J. Smith
The Title Vii Pretext Question: Resolved In Light Of St. Mary's Honor Center V. Hicks, Robert J. Smith
Indiana Law Journal
No abstract provided.
"Other Crimes" Evidence In Sex Offense Cases, Roger C. Park, David P. Bryden
"Other Crimes" Evidence In Sex Offense Cases, Roger C. Park, David P. Bryden
Faculty Scholarship
No abstract provided.
Foreword Evidence Symposium: A Comparative Study Of Federal And New York Evidence Practice, Honorable Frank X. Altimari
Foreword Evidence Symposium: A Comparative Study Of Federal And New York Evidence Practice, Honorable Frank X. Altimari
Touro Law Review
No abstract provided.
The Limits Of Double Jeopardy: A Course Into The Dark, Anne Bowen Poulin
The Limits Of Double Jeopardy: A Course Into The Dark, Anne Bowen Poulin
Villanova Law Review
No abstract provided.
The Dangers Of "General Observations" On Expert Scientific Testimony: A Comment On Daubert V. Merrell Dow Pharmaceuticals, Inc., Robert F. Blomquist
The Dangers Of "General Observations" On Expert Scientific Testimony: A Comment On Daubert V. Merrell Dow Pharmaceuticals, Inc., Robert F. Blomquist
Kentucky Law Journal
No abstract provided.
Symposium Comparing New York And Federal Evidence Law: Introduction, Honorable George C. Pratt
Symposium Comparing New York And Federal Evidence Law: Introduction, Honorable George C. Pratt
Touro Law Review
No abstract provided.
Hearsay, The New York And Federal Rules Of Evidence: What's The Difference?, Richard T. Farrell
Hearsay, The New York And Federal Rules Of Evidence: What's The Difference?, Richard T. Farrell
Touro Law Review
No abstract provided.
Expert Testimony, Barry C. Scheck
Trances, Trials, And Tribulations, Gary M. Shaw
Trances, Trials, And Tribulations, Gary M. Shaw
Touro Law Review
No abstract provided.
The Supreme Court Rules On Statements Against Interest, Michael M. Martin
The Supreme Court Rules On Statements Against Interest, Michael M. Martin
Touro Law Review
No abstract provided.
Employees' Admissions In New York: Time For A Change, David J. Wallman
Employees' Admissions In New York: Time For A Change, David J. Wallman
Touro Law Review
No abstract provided.
Federal Rule Of Evidence 407: Should It Apply To Products Liability?, Patricia A. Brass
Federal Rule Of Evidence 407: Should It Apply To Products Liability?, Patricia A. Brass
Touro Law Review
No abstract provided.
Money Laundering And Drug Trafficking: A Question Of Understanding The Elements Of The Crime And The Use Of Circumstantial Evidence, Thomas M. Dibiagio
Money Laundering And Drug Trafficking: A Question Of Understanding The Elements Of The Crime And The Use Of Circumstantial Evidence, Thomas M. Dibiagio
University of Richmond Law Review
Drug trafficking in the United States generates millions of dollars in cash profits daily. The cash generated from narcotics trafficking usually follows one of two distinct paths. Domestically, the profits are converted into usable currency by disguising the association between the cash and the narcotics enterprise. Monies not spent domestically are transferred back to the nar- cotics source or drug cartel to be enjoyed by the drug traffickers and to provide operating capital for the enterprise. This conversion and transfer process has become known commonly as money laundering.
Taking The Sizzle Out Of The Frye Rule: Daubert V. Merrell Dow Pharmaceuticals Opens The Door To Novel Expert Testimony, Kimberly Ann Satterwhite
Taking The Sizzle Out Of The Frye Rule: Daubert V. Merrell Dow Pharmaceuticals Opens The Door To Novel Expert Testimony, Kimberly Ann Satterwhite
University of Richmond Law Review
In Frye v. United States, the Court of Appeals of the District of Columbia affirmed a trial court's exclusion of lie detector test results on the ground that such tests had not been "generally accepted" by the scientific community. The Frye rule, or "general acceptance" standard, quickly became the dominant test for the admission of scientific evidence. Decided in 1923, Frye governed evidentiary decisions in a majority of federal circuits for the next seventy years. The adoption of the Federal Rules of Evidence in 1975, however, prompted several judges to question the validity of Frye. Since the enactment of the …
The Consent Exception To The Warrant Requirement, H. Patrick Furman
The Consent Exception To The Warrant Requirement, H. Patrick Furman
Publications
No abstract provided.
The Hague Evidence Convention: The Need For Guidance On Procedures And Resolution Of Conflicts In Transnational Discovery, John C. Plaster
The Hague Evidence Convention: The Need For Guidance On Procedures And Resolution Of Conflicts In Transnational Discovery, John C. Plaster
Vanderbilt Journal of Transnational Law
As international commercial disputes become more common, United States courts increasingly face difficult issues involved in transnational discovery. Two frequently encountered issues are choosing whether to use the discovery procedures of the Federal Rules of Civil Procedure or the Hague Evidence Convention and whether to enforce a discovery order when the order conflicts with a law of the state in which discovery is to occur. Although the Supreme Court has addressed both of these issues, it has left lower courts considerable discretion to deal with these issues case by case. Lower courts, therefore, have not been uniform in their approaches …
Character Evidence, James L. Kainen
A Brief Look At New York's Efforts To Codify Its Law Of Evidence, Barbara C. Salken
A Brief Look At New York's Efforts To Codify Its Law Of Evidence, Barbara C. Salken
Touro Law Review
No abstract provided.
Coconspirator Statements And Former Testimony In New York And Federal Courts With Some Comments On Codification, Randolph N. Jonakait
Coconspirator Statements And Former Testimony In New York And Federal Courts With Some Comments On Codification, Randolph N. Jonakait
Touro Law Review
No abstract provided.
A Comparison Of The Federal And New York State Rape Shield Statutes, Deborah Stavile Bartel
A Comparison Of The Federal And New York State Rape Shield Statutes, Deborah Stavile Bartel
Touro Law Review
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
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.
Probability Evidence In Mail Fraud Cases, Phillip M. Kannan
Probability Evidence In Mail Fraud Cases, Phillip M. Kannan
Villanova Law Review
No abstract provided.
Character Impeachment Evidence: The Asymmetrical Interaction Between Personality And Situation, Richard D. Friedman
Character Impeachment Evidence: The Asymmetrical Interaction Between Personality And Situation, Richard D. Friedman
Articles
In Part I of this Comment, I present a short version of my argument against the admissibility of character impeachment evidence of criminal defendants, showing how the key elements ofthis argument are present in Professor Uviller's own Article. In Part II, I suggest that, notwithstanding Professor Uviller's comments to the contrary, an asymmetrical result-never admitting character evidence to impeach criminal defendants but admitting such evidence in some circumstances to impeach other witnesses- is perfectly reasonable. Finally, in Part III, I contend that Professor Uviller's interesting judicial surveys support the solution I have proposed for the problem of character impeachment evidence.
Polygraph Evidence: Part Ii, Paul C. Giannelli
Polygraph Evidence: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
Supreme Court Rules On Statements Against Interest, The , Michael M. Martin
Supreme Court Rules On Statements Against Interest, The , Michael M. Martin
Faculty Scholarship
Reliability has been defined as "worthy of dependence" or "of proven consistency in producing satisfactory results." It is a common concept as well as a quality for which individuals search in their everyday transactions, such as purchasing a car or selecting an express delivery service. It similarly shapes the rules of evidence pertaining to hearsay. Beth common law and modem evidentiary codes ban the admission of extrajudicial statements offered to prove the truth of a matter asserted because they are not made under oath, in the presence of the trier of fact, and subject to cross-examination. Without these safeguards, the …
The Death And Transfiguration Of Frye, Richard D. Friedman
The Death And Transfiguration Of Frye, Richard D. Friedman
Articles
The rule of Frye v. United States was seventy years old, and had long dominated American law on the question of how well established a scientific principle must be for it to provide the basis for expert testimony. Even after the passage of the Federal Rules of Evidence, several of the federal circuits, as well as various states, purported to adhere to Frye's "general acceptance" standard. But now, unanimously, briefly, and with no apparent angst, the United States Supreme Court has held in Daubert v. Merrell Dow Pharmaceuticals, Inc. that the Frye rule is incompatible with the Federal Rules.
A Pragmatic Critique Of Modern Evidence Scholarship, Michael L. Seigel
A Pragmatic Critique Of Modern Evidence Scholarship, Michael L. Seigel
UF Law Faculty Publications
This Article contends that strict adherence to optimistic rationalism has blinded evidence scholars to the reality that the law of evidence is as indeterminate as all other areas of the law. At its core is not a single goal -- the attainment of truth -- but a number of important, complex, and, alas, competing considerations. Answers to questions concerning the appropriate configuration of evidence doctrine cannot be deduced from a unitary principle; indeed, they cannot be deduced at all. Rather, arguments about evidence doctrine must be conducted in the realm of "practical reason." Practical reason is the process through which …
Impeachment And Rehabilitation Under The Maryland Rules Of Evidence: An Attorney's Guide, Paul W. Grimm
Impeachment And Rehabilitation Under The Maryland Rules Of Evidence: An Attorney's Guide, Paul W. Grimm
Faculty Scholarship
No abstract provided.
Foreword: Do We Really Want To Know The Defendant?, Dale A. Nance
Foreword: Do We Really Want To Know The Defendant?, Dale A. Nance
Faculty Publications
Forward to the Symposium on the Admission of Prior Offense Evidence in Sexual Assualt Cases, Chicago, Illinois, 1994.