Open Access. Powered by Scholars. Published by Universities.®

Evidence Commons

Open Access. Powered by Scholars. Published by Universities.®

2001

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 101

Full-Text Articles in Evidence

Compelled Statements From Police Officers And Garrity Immunity, Steven D. Clymer Nov 2001

Compelled Statements From Police Officers And Garrity Immunity, Steven D. Clymer

Cornell Law Faculty Publications

In this Article, Professor Steven Clymer describes the problem created when police departments require officers suspected of misconduct to answer internal affairs investigators' questions or face job termination. Relying on the Supreme Court's decision in Garrity v. New Jersey, courts treat such compelled statements as immunized testimony. That treatment not only renders such a statement inadmissible in a criminal prosecution of the suspect police officer, it also may require the prosecution to shoulder the daunting and sometimes insurmountable burden of demonstrating that its physical evidence, witness testimony, and strategic decisionmaking are untainted by the statement. Because police internal affairs ...


Meaning, Intention, And The Hearsay Rule, Paul F. Kirgis Oct 2001

Meaning, Intention, And The Hearsay Rule, Paul F. Kirgis

William & Mary Law Review

No abstract provided.


Evidence And Trial Practice, Office Of Continuing Legal Education At The University Of Kentucky College Of Law Oct 2001

Evidence And Trial Practice, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the conference on Evidence and Trial Practice held by UK/CLE in October 2001.


Fire Sale? The Admissibility Of Evidence Of Environmental Contamination To Determine Just Compensation In Washington Eminent Domain Proceedings, Paul W. Moomaw Oct 2001

Fire Sale? The Admissibility Of Evidence Of Environmental Contamination To Determine Just Compensation In Washington Eminent Domain Proceedings, Paul W. Moomaw

Washington Law Review

Jurisdictions across the United States are split on the issue of whether evidence of environmental contamination should be admissible to determine just compensation in an eminent domain proceeding. Jurisdictions that admit this evidence reason that environmental contamination is a property characteristic that necessarily affects the value of the property. Those that exclude the evidence cite procedural due process concerns and the risk of extra liability for the landowner. Washington's Model Toxics Control Act (MTCA) establishes a system of assigning liability and recovering cleanup costs for environmental contamination. No Washington court has addressed whether evidence of environmental contamination should be ...


Tort Law—Spoliators Beware, But Fear Not An Independent Civil Suit. Goff V. Harold Ives Trucking Co., 342 Ark. 143, 27 S.W.3d 387 (2000)., Margaret A. Egan Oct 2001

Tort Law—Spoliators Beware, But Fear Not An Independent Civil Suit. Goff V. Harold Ives Trucking Co., 342 Ark. 143, 27 S.W.3d 387 (2000)., Margaret A. Egan

University of Arkansas at Little Rock Law Review

No abstract provided.


Fixing Watches With Sledgehammers: The Questionable Embrace Of Employee Sexual Harassment Training By The Legal Profession, Susan Bisom-Rapp Oct 2001

Fixing Watches With Sledgehammers: The Questionable Embrace Of Employee Sexual Harassment Training By The Legal Profession, Susan Bisom-Rapp

University of Arkansas at Little Rock Law Review

No abstract provided.


Employer Liability For Sexual Harassment - Normative, Descriptive, And Doctrinal Interactions: A Reply To Professors Beiner And Bisom-Rapp, Linda Hamilton Krieger Oct 2001

Employer Liability For Sexual Harassment - Normative, Descriptive, And Doctrinal Interactions: A Reply To Professors Beiner And Bisom-Rapp, Linda Hamilton Krieger

University of Arkansas at Little Rock Law Review

No abstract provided.


The Gender Gap: Revealing Inequities In Admission Of Social Science Evidence In Criminal Cases, Janet C. Hoeffel Oct 2001

The Gender Gap: Revealing Inequities In Admission Of Social Science Evidence In Criminal Cases, Janet C. Hoeffel

University of Arkansas at Little Rock Law Review

No abstract provided.


Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner Oct 2001

Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner

University of Arkansas at Little Rock Law Review

No abstract provided.


4. Let’S Not Exaggerate The Suggestibility Of Children., Thomas D. Lyon Aug 2001

4. Let’S Not Exaggerate The Suggestibility Of Children., Thomas D. Lyon

Thomas D. Lyon

I’m grateful to Dr. Martindale for introducing the reader to an important and lively debate among practitioners and academics over the relevance of recent research on children’s suggestibility. In my Cornell Law Review article, I argued that the recent research on suggestibility was inspired by highly coercive interviewing techniques in widely publicized cases that are not the norm in child sexual abuse investigations. These techniques include telling children that they have been abused, telling children that a particular person is the abuser, and asking children to imagine details regarding how abuse could have taken place. Moreover, I argued ...


A Response To Professor Graham, Thomas Dillickrath Jul 2001

A Response To Professor Graham, Thomas Dillickrath

University of Miami Law Review

No abstract provided.


Evidence Of Innocence Offered By The Criminal Defendant: "Not So Fast"; Response, Professor Kenneth W. Graham Jr. Jul 2001

Evidence Of Innocence Offered By The Criminal Defendant: "Not So Fast"; Response, Professor Kenneth W. Graham Jr.

University of Miami Law Review

No abstract provided.


Response, Yvette J. Bessent Jul 2001

Response, Yvette J. Bessent

University of Miami Law Review

No abstract provided.


Hypotherical Fact-Pattern Jul 2001

Hypotherical Fact-Pattern

University of Miami Law Review

No abstract provided.


Tales Out Of School-Spillover Confessions And Against-Interest Statements Naming Others, Professor Christopher B. Mueller Jul 2001

Tales Out Of School-Spillover Confessions And Against-Interest Statements Naming Others, Professor Christopher B. Mueller

University of Miami Law Review

No abstract provided.


Navigating Between Extremes: The Florida Supreme Court's Rulings On The Admission Of Similar Fact Evidence In Child Sexual Abuse Cases, George Franklin Jul 2001

Navigating Between Extremes: The Florida Supreme Court's Rulings On The Admission Of Similar Fact Evidence In Child Sexual Abuse Cases, George Franklin

University of Miami Law Review

No abstract provided.


When Children And The Elderly Are Victims: Balancing The Rights Of The Accused Against Those Of The Victim, Professor Charles W. Ehrhardt Jul 2001

When Children And The Elderly Are Victims: Balancing The Rights Of The Accused Against Those Of The Victim, Professor Charles W. Ehrhardt

University of Miami Law Review

No abstract provided.


Reply To Professor Ehrhardt, Michael D. Sanger Jul 2001

Reply To Professor Ehrhardt, Michael D. Sanger

University of Miami Law Review

No abstract provided.


Casting Light On The Gray Area: An Analysis Of The Use Of Neutral Pronouns In Non-Testifying Codefendant Redacted Confessions Under Bruton, Richardson, And Gray, Bryant M. Richardson Jul 2001

Casting Light On The Gray Area: An Analysis Of The Use Of Neutral Pronouns In Non-Testifying Codefendant Redacted Confessions Under Bruton, Richardson, And Gray, Bryant M. Richardson

University of Miami Law Review

No abstract provided.


The Exception That Swallows The Rule: The Disparate Treatment Of Federal Rule Of Evidence 804(B)(3) As Interpreted In United States V. Williamson, Richard T. Sahuc Jul 2001

The Exception That Swallows The Rule: The Disparate Treatment Of Federal Rule Of Evidence 804(B)(3) As Interpreted In United States V. Williamson, Richard T. Sahuc

University of Miami Law Review

No abstract provided.


A Response To Professor Mueller, Jennifer Christianson Jul 2001

A Response To Professor Mueller, Jennifer Christianson

University of Miami Law Review

No abstract provided.


Perry Mason Meets The "Legitimate Tendency" Standard Of Admissibility (And Doesn't Like What He Sees), Brett C. Powell Jul 2001

Perry Mason Meets The "Legitimate Tendency" Standard Of Admissibility (And Doesn't Like What He Sees), Brett C. Powell

University of Miami Law Review

No abstract provided.


A Recipe For Confusion: Congress And The Federal Rules Of Evidence, Professor Daniel J. Capra Jul 2001

A Recipe For Confusion: Congress And The Federal Rules Of Evidence, Professor Daniel J. Capra

University of Miami Law Review

No abstract provided.


Admissibility Of Plea Agreements On Direct Examination: The Limits Vanish, Professor Daniel J. Capra Jul 2001

Admissibility Of Plea Agreements On Direct Examination: The Limits Vanish, Professor Daniel J. Capra

University of Miami Law Review

No abstract provided.


Statements Of Bystanders To Police Officers Containing An Accusation Of Criminal Conduct Offered To Explain Subsequent Police Conduct, Joëlle Hervic Jul 2001

Statements Of Bystanders To Police Officers Containing An Accusation Of Criminal Conduct Offered To Explain Subsequent Police Conduct, Joëlle Hervic

University of Miami Law Review

No abstract provided.


A Reply To Professor Capra, Joëlle Harvic Jul 2001

A Reply To Professor Capra, Joëlle Harvic

University of Miami Law Review

No abstract provided.


Out-Of-Court Accusations Offered For "Background": A Measured Response From The Federal Courts, Professor Daniel J. Capra Jul 2001

Out-Of-Court Accusations Offered For "Background": A Measured Response From The Federal Courts, Professor Daniel J. Capra

University of Miami Law Review

No abstract provided.


The Future Implications Of Lilly V. Virginia, Jennifer Christianson Jul 2001

The Future Implications Of Lilly V. Virginia, Jennifer Christianson

University of Miami Law Review

No abstract provided.


Rebuttal, Bryant M. Richardson Jul 2001

Rebuttal, Bryant M. Richardson

University of Miami Law Review

No abstract provided.


Expert Testimony On Eyewitness Identification: Admissibility And Alternatives, Thomas Dillickrath Jul 2001

Expert Testimony On Eyewitness Identification: Admissibility And Alternatives, Thomas Dillickrath

University of Miami Law Review

No abstract provided.