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Evidence Commons

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1998

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Institution
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Articles 1 - 30 of 57

Full-Text Articles in Evidence

The Character Evidence Rule Revisited, Kenneth J. Melilli Nov 1998

The Character Evidence Rule Revisited, Kenneth J. Melilli

BYU Law Review

No abstract provided.


Why The Wto Should Require The Application Of The Evidentiary Threshold Requirement In Antidumping Investigations Tara Gingerich , Tara Gingerich Oct 1998

Why The Wto Should Require The Application Of The Evidentiary Threshold Requirement In Antidumping Investigations Tara Gingerich , Tara Gingerich

American University Law Review

No abstract provided.


Evidence—Scientific Evidence: Standard Of Review Raises Questions Of Fit. General Electric Co. V. Joiner, 118 S. Ct. 512 (1997)., Russell D. Marlin Oct 1998

Evidence—Scientific Evidence: Standard Of Review Raises Questions Of Fit. General Electric Co. V. Joiner, 118 S. Ct. 512 (1997)., Russell D. Marlin

University of Arkansas at Little Rock Law Review

No abstract provided.


Psychiatric Evidence In Criminal Trials: To Junk Or Not To Junk?, Christopher Slobogin Oct 1998

Psychiatric Evidence In Criminal Trials: To Junk Or Not To Junk?, Christopher Slobogin

William & Mary Law Review

No abstract provided.


In Defense Of The Character Evidence Prohibition: Foundations Of The Rule Against Trial By Character, David P. Leonard Oct 1998

In Defense Of The Character Evidence Prohibition: Foundations Of The Rule Against Trial By Character, David P. Leonard

Indiana Law Journal

No abstract provided.


First, Do No Harm: The Use Of Covert Video Surveillance To Detect Munchausen Syndrome By Proxy- An Unethical Means Of "Preventing" Child Abuse, Michael T. Flannery Oct 1998

First, Do No Harm: The Use Of Covert Video Surveillance To Detect Munchausen Syndrome By Proxy- An Unethical Means Of "Preventing" Child Abuse, Michael T. Flannery

University of Michigan Journal of Law Reform

Since it was first identified in 1977, Munchausen Syndrome by Proxy has uniquely affected the way in which the medical and legal communities deal with the issue of child abuse. Inherent in the medical response to the disease are issues of suspicion, investigation, identification, confrontation, and, of course, the health of an innocent child. Given the deceptive dynamics of the disease, however, denial and disbelief naturally overshadow every action taken by medical professionals in pursuing these issues. Fortunately, as medical knowledge about the dynamics of the disease continues to develop, medical professionals become more willing and better able to identify ...


Lie Detection: The Supreme Court's Polygraph Decision, Bennett L. Gershman Sep 1998

Lie Detection: The Supreme Court's Polygraph Decision, Bennett L. Gershman

Pace Law Faculty Publications

In United States v. Scheffer, decided this past Term, the Supreme Court considered for the first time the admissibility of polygraph evidence. The Court held that exclusion of such evidence on behalf of a criminal defendant was supported by valid justifications and offended no constitutional right to present a defense.


Use Of “Credible Evidence” To Prove Clean Air Act Violations, Paul D. Hoburg Aug 1998

Use Of “Credible Evidence” To Prove Clean Air Act Violations, Paul D. Hoburg

Boston College Environmental Affairs Law Review

No abstract provided.


1. Where Researchers Fear To Tread: Interpretive Differences Among Testifying Experts In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler Jul 1998

1. Where Researchers Fear To Tread: Interpretive Differences Among Testifying Experts In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler

Thomas D. Lyon

Debates regarding the admissibility of expert testimony in child sexual abuse cases are often characterized as between clinicians and researchers. Clinicians base their judgment on personal experience and anecdotes, whereas researchers base their judgment on scientific findings. Clinicians are willing to testify that a particular child has been sexually abused, whereas researchers cautiously avoid rendering a judgment about any particular case. Clinicians believe that they can interpret children's statements and behaviors to validate abuse, whereas researchers warn that children's statements and behaviors may be shaped by adults, including clinicians. Clinicians are happy to testify (typically for the prosecution ...


Evidence, Robin Jean Davis, Louis J. Palmer Jr. Jun 1998

Evidence, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


The Inevitable Discovery Doctrine Today: The Demands Of The Fourth Amendment, Nix, And Murray, And The Disagreement Among The Federal Circuits, Troy E. Golden May 1998

The Inevitable Discovery Doctrine Today: The Demands Of The Fourth Amendment, Nix, And Murray, And The Disagreement Among The Federal Circuits, Troy E. Golden

Brigham Young University Journal of Public Law

No abstract provided.


An Outsider's View Of Common Law Evidence, Roger C. Park May 1998

An Outsider's View Of Common Law Evidence, Roger C. Park

Michigan Law Review

same line by a Newton. There have been improvements since Bentham's jeremiad. But Anglo-American evidence law is still puzzling. It rejects the common-sense principle of free proof in favor of a grotesque jumble of technicalities. It has the breathtaking aspiration of regulating inference by rule, causing it to exalt the foresight of remote rulemakers over the wisdom of on-the-spot adjudicators. It departs from tried-and-true practices of rational inquiry, as when it prohibits courts from using categories of evidence that are freely used both in everyday life and in the highest affairs of state. Sometimes it seems to fear dim ...


Old Chief, Crowder, And Trials By Stipulation, David Robinson Jr. Mar 1998

Old Chief, Crowder, And Trials By Stipulation, David Robinson Jr.

William & Mary Bill of Rights Journal

In this Article, Professor Robinson argues that the meaning of "unfair prejudice" and the scope of trial judges' discretion in employing Rule 403 of the Federal Rules of Evidence is still uncertain following the Supreme Court's recent decision in United States v. Old Chief and its vacation and remand of United States v. Crowder and United States v. Davis. Robinson evaluates the evidentiary implications of the Supreme Court's recent decisions by discussing each case and analyzing the implications of the three cases read together.

Professor Robinson examines the possible effects of stipulations and admissions on the Rule 403 ...


Internet Infoglut And Invisible Ink: Spamdexing Search Engines With Meta Tags, Ira Nathenson Jan 1998

Internet Infoglut And Invisible Ink: Spamdexing Search Engines With Meta Tags, Ira Nathenson

Ira Steven Nathenson

This Article addresses 'spamdexing,' namely, the practice of stuffing invisible keywords into webpages in order to try to get more favorable listings with search engines. For instance, some website owners will stuff the trademarks of competitors into a webpage’s code, particularly by using 'meta tags,' indexing keywords that can be hidden in a webpage’s source code. Although meta tags are not typically viewed by users, the code can be read by search engines, with the result that webpages may be improperly boosted in search engine rankings. Such practices can confuse the public and have also spurred trademark lawsuits ...


Kentucky Law Survey: Evidence, Robert G. Lawson Jan 1998

Kentucky Law Survey: Evidence, Robert G. Lawson

Law Faculty Scholarly Articles

This Article is a survey of recent developments in evidence law. It focuses on specific issues, including statements for medical treatment or diagnosis, tape recordings, "probativeness" versus "prejudice," and others.


The Negative Effects Of Expert Testimony On The Battered Women's Syndrome, Pamela Posch Jan 1998

The Negative Effects Of Expert Testimony On The Battered Women's Syndrome, Pamela Posch

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Beyond Privacy, Beyond Probable Cause, Beyond The Fourth Amendment: New Strategies For Fighting Pretext Arrests, 69 U. Colo. L. Rev. 693 (1998), Timothy P. O'Neill Jan 1998

Beyond Privacy, Beyond Probable Cause, Beyond The Fourth Amendment: New Strategies For Fighting Pretext Arrests, 69 U. Colo. L. Rev. 693 (1998), Timothy P. O'Neill

Faculty Scholarship

No abstract provided.


The Federal Psychotherapist-Patient Privilege After Jaffee: Truth And Other Values In A Therapeutic Age, Christopher B. Mueller Jan 1998

The Federal Psychotherapist-Patient Privilege After Jaffee: Truth And Other Values In A Therapeutic Age, Christopher B. Mueller

Articles

No abstract provided.


Blinded By Science: How Judges Avoid The Science In Scientific Evidence, Erica Beecher-Monas Jan 1998

Blinded By Science: How Judges Avoid The Science In Scientific Evidence, Erica Beecher-Monas

Law Faculty Research Publications

No abstract provided.


Kentucky Law Survey: Evidence, Robert G. Lawson Jan 1998

Kentucky Law Survey: Evidence, Robert G. Lawson

Kentucky Law Journal

No abstract provided.


Shaken Baby Syndrome: Who Are The True Experts, Joseph D. Hatina Jan 1998

Shaken Baby Syndrome: Who Are The True Experts, Joseph D. Hatina

Cleveland State Law Review

Shaken baby syndrome is a serious form of child maltreatment, often involving infants younger than six months of age. It commonly occurs, yet it is frequently overlooked in its most chronic form and underdiagnosed in its most serious expression. Section II of this article will discuss the symptoms, presentation, and clinical findings of shaken baby syndrome. It will conclude by looking at recommendations from the U.S. Advisory Board on Child Abuse and Neglect. Section III delves into the history, function and statistics of Child Death Review Teams on a national level. The discussion ends by examining Ohio's proposed ...


The Personhood Argument Against Polygraph Evidence, Or "Even If The Polygraph Really Works, Will Courts Admit The Results?", James R. Mccall Jan 1998

The Personhood Argument Against Polygraph Evidence, Or "Even If The Polygraph Really Works, Will Courts Admit The Results?", James R. Mccall

Faculty Scholarship

No abstract provided.


Hearsay, Dead Or Alive?, Roger C. Park Jan 1998

Hearsay, Dead Or Alive?, Roger C. Park

Faculty Scholarship

No abstract provided.


Character At The Crossroads, Roger C. Park Jan 1998

Character At The Crossroads, Roger C. Park

Faculty Scholarship

No abstract provided.


Extradition Law At The Crossroads: The Trend Toward Extending Greater Constitutional Procedural Protections To Fugitives Fighting Extradition From The United States, Lis Wiehl Jan 1998

Extradition Law At The Crossroads: The Trend Toward Extending Greater Constitutional Procedural Protections To Fugitives Fighting Extradition From The United States, Lis Wiehl

Michigan Journal of International Law

Part I of this article will describe the historical evolution of U.S. extradition law as a field parallel to, but separate from, domestic criminal procedure. Part II of this article describes the Parretti case and the Ninth Circuit's holding that the federal extradition statutory scheme of Title 18, United States Code, Section 3184, violates the Fourth Amendment to the extent that it authorizes the issuance of a provisional arrest warrant by a court without a prior evidentiary showing of probable cause to believe that the fugitive committed the crime charged abroad. Part III explores some of the implications ...


Diagnostic Evidence Admissibility And The Multiple Personality Disorder Defense, Sabra Mcdonald Owens Jan 1998

Diagnostic Evidence Admissibility And The Multiple Personality Disorder Defense, Sabra Mcdonald Owens

Journal of Health Care Law and Policy

No abstract provided.


The Genesis And Evolution Of Legal Uncertainty About "Reasonable Medical Certainty", Jeff L. Lewin Jan 1998

The Genesis And Evolution Of Legal Uncertainty About "Reasonable Medical Certainty", Jeff L. Lewin

Maryland Law Review

No abstract provided.


Evidence, Economics, And Ethics: What Information Should Jurors Be Given To Determine The Amount Of A Punitive Damage Award?, David Crump Jan 1998

Evidence, Economics, And Ethics: What Information Should Jurors Be Given To Determine The Amount Of A Punitive Damage Award?, David Crump

Maryland Law Review

No abstract provided.


Tadić, The Anonymous Witness And The Sources Of International Procedural Law, Natasha Affolder Jan 1998

Tadić, The Anonymous Witness And The Sources Of International Procedural Law, Natasha Affolder

Faculty Publications

On May 7, 1997, Trial Chamber II of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia released its verdict in its first trial. While the proceedings of the International Tribunal were commended for their fairness, criticism quickly erupted as a result of the Trial Chamber's decision to allow anonymous testimony to be used in the Tadic trial. This article explores the Trial Chamber's decision to allow the use of anonymous testimony as a protective measure. It focuses on the challenge of defining ...


Conflicts Of Interest In Scientific Expert Testimony , Mark Patterson Jan 1998

Conflicts Of Interest In Scientific Expert Testimony , Mark Patterson

Faculty Scholarship

Conflicts of interest have significant implications for the reliability of scientific expert testimony. However, the courts' treatment of conflicts is not always in accord either with the treatment of conflicts in scientific practice or with the particular problems that scientists' conflicts present in court. In response, this Article proposes two basic changes in the treatment of scientific expert testimony. First, courts should strive to separate issues of bias from issues of scientific validity-the two sets of issues are now conflated at times. Second, courts should pay more attention to biases of scientists who perform the research underlying expert testimony, whereas ...