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Evidence Commons

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Articles 1 - 7 of 7

Full-Text Articles in Evidence

Third-Party Modification Of Protective Orders Under Rule 26©, Patrick S. Kim Dec 1995

Third-Party Modification Of Protective Orders Under Rule 26©, Patrick S. Kim

Michigan Law Review

This Note argues that similarly situated litigants always should be given access to protected discovered materials, while nonlitigants should gain access to protected materials only in exceptional circumstances. This approach effectively balances the privacy and property interests of the original parties and the intervening parties with the interests of adjudicative efficiency. Part I establishes that there is no general public right of access to civil discovery and that courts should disregard such purported rights when considering whether to modify a protective order. Part II identifies three interests that courts should weigh when considering whether to modify a protective order: the ...


The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker Oct 1995

The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker

Akron Law Publications

No abstract provided.


"X-Spurt" Witnesses, Richard H. Underwood Oct 1995

"X-Spurt" Witnesses, Richard H. Underwood

Law Faculty Scholarly Articles

In this article the author pulls together a history of expert witnesses in common law systems. Various issues are explored regarding expert witness testimony, including: the historical underpinnings of the practice, how Daubert controls that issue in modern times, rules of evidence, psychological science, and professional ethics.


The Federal Rules Of Evidence--Past, Present, And Future: A Twenty-Year Perspective, Faust Rossi Jun 1995

The Federal Rules Of Evidence--Past, Present, And Future: A Twenty-Year Perspective, Faust Rossi

Cornell Law Faculty Publications

This Essay surveys three major transformations in state and federal rules of evidence since the introduction of the Federal Rules of Evidence. The Rules have not only inspired a movement toward codification in the states, they have also liberalized the admission of expert testimony and hearsay. This partially explains thirteen states' reluctance to codify. Judges have furthered this trend by admitting far more discretionary hearsay evidence than Congress intended. Professor Rossi doubts this expansion of the hearsay exceptions would have occurred without the adoption of the FRE and suggests that the newly formed Advisory Committee will produce greater substantive changes ...


Black Rage: The Illegitimacy Of A Criminal Defense, 29 J. Marshall L. Rev. 205 (1995), Kimberly M. Copp Jan 1995

Black Rage: The Illegitimacy Of A Criminal Defense, 29 J. Marshall L. Rev. 205 (1995), Kimberly M. Copp

The John Marshall Law Review

No abstract provided.


Intellectual Coherence In An Evidence Code, Paul F. Rothstein Jan 1995

Intellectual Coherence In An Evidence Code, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The Federal Rules of Evidence (Federal Rules or Rules) were created in large part to promote uniformity and predictability in federal trials by providing a relatively instructive guide for judges and lawyers concerning the admissibility of evidence. As with any codification, success in this respect requires, among other things, that there be a considerable degree of intellectual coherence among the code's various provisions. The Federal Rules fall short of intellectual coherence in a number of areas. They contain contradictory and inconsistent mandates that do not make theoretical sense and therefore accord the trial judge almost unlimited discretion in these ...


The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker Dec 1994

The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker

Robert L Tucker

No abstract provided.