Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Villanova University Charles Widger School of Law (10)
- BLR (9)
- Vanderbilt University Law School (9)
- SelectedWorks (7)
- West Virginia University (4)
-
- Selected Works (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- American University Washington College of Law (1)
- Chicago-Kent College of Law (1)
- Cleveland State University (1)
- Maurer School of Law: Indiana University (1)
- Penn State Law (1)
- Pepperdine University (1)
- Schulich School of Law, Dalhousie University (1)
- Southern Methodist University (1)
- The University of Akron (1)
- University of Arkansas, Fayetteville (1)
- University of Colorado Law School (1)
- University of Michigan Law School (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of New Hampshire (1)
- University of Oklahoma College of Law (1)
- University of Pennsylvania Carey Law School (1)
- University of Pittsburgh School of Law (1)
- University of Tulsa College of Law (1)
- Publication Year
- Publication
-
- ExpressO (8)
- Villanova Law Review (8)
- Vanderbilt Law Review (7)
- West Virginia Law Review (4)
- barbara p billauer esq (3)
-
- Touro Law Review (2)
- Villanova Environmental Law Journal (2)
- Akron Law Review (1)
- Alani Golanski (1)
- All Faculty Scholarship (1)
- Arkansas Law Review (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Articles, Chapters in Books and Other Contributions to Scholarly Works (1)
- Chicago-Kent Law Review (1)
- Christopher C. French (1)
- Cleveland State Law Review (1)
- Dr Leonardo J Raznovich (1)
- Faculty Journal Articles and Book Chapters (1)
- George Mason University School of Law Working Papers Series (1)
- Hon. Mark C. Dillon (1)
- Indiana Law Journal (1)
- Jean M. Eggen (1)
- Jonathan H. Lomurro Esq. LLM (1)
- Journal Articles (1)
- Law Faculty Scholarship (1)
- Michigan Law Review (1)
- Nevada Supreme Court Summaries (1)
- Oklahoma Law Review (1)
- Pepperdine Law Review (1)
- PhD Dissertations (1)
- Publication Type
- File Type
Articles 31 - 60 of 61
Full-Text Articles in Evidence
Learning The Wrong Lessons From "An American Tragedy": A Critique Of The Berger-Twerski Informed Choice Proposal, David E. Bernstein
Learning The Wrong Lessons From "An American Tragedy": A Critique Of The Berger-Twerski Informed Choice Proposal, David E. Bernstein
George Mason University School of Law Working Papers Series
This paper is a critique of Margaret Berger and Aaron Twerski, “Uncertainty and Informed Choice: Unmasking Daubert”, forthcoming the Michigan Law Review. Berger and Twerski propose that courts recognize a cause of action that would allow plaintiffs who claim injury from pharmaceutical products, but who do not have sufficient evidence to prove causation, to recover damages for deprivation of informed choice. Berger and Twerski claim inspiration from the litigation over allegations that the morning sickness drug Bendectin caused birth defects. Considering the criteria Berger and Twerski suggest for their proposed cause of action in the context of Bendectin, it appears …
Constructing Products Liability: Reforms In Theory And Procedure, Frank J. Vandall
Constructing Products Liability: Reforms In Theory And Procedure, Frank J. Vandall
Villanova Law Review
No abstract provided.
Why Legal Scholars Get Daubert Wrong: A Contextualist Explanation Of Law's Epistemology, Alani Golanski
Why Legal Scholars Get Daubert Wrong: A Contextualist Explanation Of Law's Epistemology, Alani Golanski
Alani Golanski
Daubert requires the court to make judgments about scientific evidence. But judges, like jurors, are lay persons in relation to such evidence. So Daubert has been criticized as requiring too much of the court, and such alternatives as blue ribbon panels have been proposed. This article shows that, notwithstanding any problems that Daubert itself might have, the Daubert scholarship is significantly hampered by the way legal scholars categorize knowledge. A "contextualist" (as opposed to "invariantist") theory of knowledge is both philosophically best, and makes sense of law's relation to science.
Causation In Toxic Tort Litigation: Which Way Do We Go, Judge, Laurie Alberts
Causation In Toxic Tort Litigation: Which Way Do We Go, Judge, Laurie Alberts
Villanova Environmental Law Journal
No abstract provided.
Fishing For The Smoking Gun, Y. Daphne Coelho-Adam
Fishing For The Smoking Gun, Y. Daphne Coelho-Adam
Vanderbilt Journal of Transnational Law
Industry-wide tort litigation, such as tobacco and gun litigation, poses a new problem for extraterritorial discovery. These suits allege conspiracies on the part of the tobacco and gun industries to conceal the dangers of their products from the public. Much of the evidence needed to prove the industries' knowledge is in their possession. These industries are international with companies located in the United Kingdom. Under U.S. discovery law the evidence is discoverable, but such is not the case under British discovery law. Therefore, the evidence and witnesses located in the United Kingdom are outside the grasp of U.S. plaintiffs. The …
When Science Is Too Daunting: Multiple Chemical Sensitivity, Federal Courts, And The Struggling Spirit Of Daubert, Carl H. Johnson
When Science Is Too Daunting: Multiple Chemical Sensitivity, Federal Courts, And The Struggling Spirit Of Daubert, Carl H. Johnson
Villanova Environmental Law Journal
No abstract provided.
Pink Elephants In The Rape Trial: The Problem Of Tort-Type Defenses In The Criminal Law Of Rape, Aya Gruber
Pink Elephants In The Rape Trial: The Problem Of Tort-Type Defenses In The Criminal Law Of Rape, Aya Gruber
Publications
No abstract provided.
"Other Accident" Evidence In Product Liability Actions: Highly Probative Or An Accident Waiting To Happen?, Robert A. Sachs
"Other Accident" Evidence In Product Liability Actions: Highly Probative Or An Accident Waiting To Happen?, Robert A. Sachs
Oklahoma Law Review
No abstract provided.
Evidentiary Use (And Misuse) Of The Civil Defendant's Financial Status, Karen M. Grundy
Evidentiary Use (And Misuse) Of The Civil Defendant's Financial Status, Karen M. Grundy
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Allen V. The United States Of America: The “Substantial” Connection Between Nuclear Fallout And Cancer, Daniel Swartzman, Tom Christoffel
Allen V. The United States Of America: The “Substantial” Connection Between Nuclear Fallout And Cancer, Daniel Swartzman, Tom Christoffel
Touro Law Review
No abstract provided.
Recent Developments, Various Editors
The Smith Rule And A Party's Burden Of Coming Forward When Relying On Circumstantial Evidence, Paul A. Kiefer
The Smith Rule And A Party's Burden Of Coming Forward When Relying On Circumstantial Evidence, Paul A. Kiefer
Villanova Law Review
No abstract provided.
Evidence, Roslyn M. Litman
Evidence, Roslyn M. Litman
Scholarship
This article is not intended to constitute a comprehensive review of all evidence cases decided in Pennsylvania in the past ten years. The cases selected, of necessity, have been limited. They have been chosen because they affect either a field of special interest or one of special confusion. Cases dealing with applications of the parol evidence rule and with constitutional issues in criminal prosecutions have been omitted entirely because they are covered elsewhere in this Survey.
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Antitrust Law--Violation of Section 7 of the Clayton Act by Joint Venture
==============================
Civil Rights--Anti-discrimination Law as a Vehicle for a Private Civil Action
==============================
Condemnation--Landowner Cannot Recover From Federal Government for Damages Caused Before Date of Taking Where Government Did Not Previously Contemplate, Condemning Property
==============================
Constitutional Law--Loss of Nationality--Foreign Residency Statute Held Violative of Due Process
==============================
Constitutional Law--Reapportionment--Both Houses of a State Legislature Must Be Based as Nearly as Is Practicable on Population
==============================
Constitutional Law--Twenty-first Amendment--Scope of State Power Over Intoxicants Moving Within Its Borders
==============================
Evidence--Statutory Presumptions--Reasonableness Is Implicit in Test of Rational Connection
============================== …
Abstracts Of Recent Cases, Charles Henry Rudolph Jr.
Abstracts Of Recent Cases, Charles Henry Rudolph Jr.
West Virginia Law Review
No abstract provided.
Exhibition Of Person In Personal Injury Cases, Dennis M. Burgoon
Exhibition Of Person In Personal Injury Cases, Dennis M. Burgoon
Cleveland State Law Review
It is to be admitted that the proof of injury, which is directed to the senses, is a most convincing means of proof, and is the best evidence of a material fact, but it is not the fact that such exhibition is material that comes into dispute when such an exhibition is sought to be admitted, rather it is the claimed prejudicial effect of such exhibition, or the possibility that it might be indecent that raises the objection to this form of evidence.
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Constitutional Law--Due Process--Duty of Non-Resident Vendor to Collect Use Tax
==============================
Evidence--Criminal Law--Circumstantial Evidence Sufficient to Establish Corpus Delicti
==============================
Evidence--Presumptions--Rebuttable Presumption Persists Until Trier of Fact Finds Nonexistence of Presumed Fact as Probable as its Existence
==============================
Restraint of Trade--Sherman Act--Refusal to Sell as Unlawful Means of Effecting Price Maintenance
==============================
Torts--Negligence--Vendor of Alcoholic Beverage to Intoxicated Minor Liable to Third Party
Evidence--Personal Injury Cases--Blackboard Summation, F. C. B.
Evidence--Personal Injury Cases--Blackboard Summation, F. C. B.
West Virginia Law Review
No abstract provided.
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
CONFLICT OF LAWS--JURISDICTION--RESIDENCE AS A JURISDICTIONAL BASIS FOR DIVORCE
================================
CORPORATIONS-SECURITIES ACTS--DISTINCTION BETWEEN "CLASS" AND "SERIES" UNDER SECTION 16(b) OF SECURITIES EXCHANGE ACT
================================
CORPORATIONS-STOCK DIVIDENDS-INCONSISTENCY BETWEEN TRADITIONAL AND MODERN CONCEPTS OF STOCK DIVIDENDS
================================
CRIMINAL PROCEDURE-EVIDENCE-STATUTORY LIMITATION OF JENCKS DECISION
================================
EVIDENCE--SEARCHES AND SEIZURES--INADMISSIBILITY IN FEDERAL COURT OF EVIDENCE OBTAINED THROUGH AN UNREASONABLE SEARCH BY STATE OFFICERS
================================
EVIDENCE--WITNESSES-ABILITY OF ONE SPOUSE TO TESTIFY AGAINST THE OTHER IN FEDERAL CRIMINAL PROCEEDINGS
=================================
HABEAS CORPUS--FEDERAL COURT REMAND OF PETITIONER TO STATE COURT FOR NEW TRIAL
=================================
MUNICIPAL CORPORATIONS--TORT LIABILITY--DUTY TOPROVIDE POLICE PROTECTION TO INFORMERS
=================================
TAXATION--ESTATE TREASURY REGULATIONS ON GOVERNMENT …
The Use Of Expert Evidence In Res Ipsa Loquitor Cases, Graham L. Fricke
The Use Of Expert Evidence In Res Ipsa Loquitor Cases, Graham L. Fricke
Villanova Law Review
No abstract provided.
Medical-Legal Relations - The Brighter Side, C. Joseph Stetler
Medical-Legal Relations - The Brighter Side, C. Joseph Stetler
Villanova Law Review
No abstract provided.
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Constitutional Law--Congressional Investigations --Relevancy of Required Testimony
========================
Constitutional Law--State Taxation of Interstate Commerce--Sales Taxation of Income from Trans-Shipment of Goods within State
========================
Criminal Law--Felony Murder Doctrine--Co-Felon Killed by Victim of Crime
========================
Evidence--Judicial Admissions--Testimony as to Objective Facts
========================
Federal Tort Claims Act--"Private Individual" Clause--Uniquely Governmental Activity
========================
Income Taxation--Capital Gains and Losses--Business Purpose for Contracting in Commodity Futures
========================
Labor Law--Taft-Hartley Act--Discharge of Employees because of Union Membership
========================
Negligence--High Tension Power Lines--Duty to Warn of Dangerous Condition
========================
Real Property--Joint Tenancy--Severance of Estate by Murder of Co-Tenant
========================
Torts--Landowner--Duty to Social Guest
========================
Wills--Pretermitted Heir Statue--Sole …
An Ancient Therapy Still Applied: The Silent Medical Treatment, Melvin M. Belli
An Ancient Therapy Still Applied: The Silent Medical Treatment, Melvin M. Belli
Villanova Law Review
No abstract provided.
Torts - Malpractice - Medicolegal Relations - Expert Testimony, Francis R. O'Hara
Torts - Malpractice - Medicolegal Relations - Expert Testimony, Francis R. O'Hara
Villanova Law Review
No abstract provided.
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
A Commentary on Recent Case Law --By Subject:
Constitutional Law--Due Process--Use in State Prosecution of Evidence obtained by Illegal Invasion of Privacy
==============================
Constitutional Law--Unlawful Search and Seizure--Admissibility of Evidence for Impeachment Purposes
===============================
Evidence--Radar Evidence of Speed--Coincidence of Radar and Speedometer Readings as Hearsay
===============================
Federal Courts--State NonResident Motorist Statute--Waiver of Federal Venue Privilege
===============================
Federal Jurisdiction--Diversity of Citizenship--Retroactive Effect of Amendments to Perfect Jurisdiction
===============================
Income Taxation--Deductions--Periodic Alimony Payments
===============================
Labor Law--Preemptive Effect of Taft-Hartley--Scope of State Jurisdiction
===============================
Torts--Dog Bite--Owner's Scienter
===============================
Workmen's Compensation--Accident Arising out of Employment--Pre-Existing Heart Disease
Negligence - Proving Inviter's Breach Of Duty By Circumstantial Evidence, Charles E. Oldfather S.Ed.
Negligence - Proving Inviter's Breach Of Duty By Circumstantial Evidence, Charles E. Oldfather S.Ed.
Michigan Law Review
Plaintiff brought a negligence action for personal injuries suffered when she slipped on a spot of grease in the driveway of defendant's railroad station. The evidence showed that the spot was at least one foot square and was covered with dust and dirt so that it resembled in color and texture the rest of the pavement. The evidence also indicated that vehicles often drove through and parked in the drive, and that there were no marks on the spot other than a deep skid mark left by plaintiff's heel. The trial court allowed the jury to determine from this evidence …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Contracts--Ceiling Price Legislation--Effect upon Performance
============================
Evidence--Declarations against Interest--Third-Party Confessions
============================
Family Law--Loss of Consortium of the Parent--Right of Child to Recover Against a Negligent Defendant
============================
Federal Procedure--Statutory Construction--Meaning of "Mentally Incompetent"
============================
Income Taxation--Surrender of Lease--Capital Gain to Lessee
============================
Income Taxation--Taxable Stock Dividend--Treasury Stock Held for Investment
============================
Judgment--Suit to Vacate--Insufficient Allegations of Cruelty Void Divorce Decree
============================
Labor Law--Filing Requirements--Noncompliance at Time Charges Filed
============================
Municipal Corporations--Liability for Negligence--Operation of Swimming Pool for Profit
============================
Process--Constructive Service--Tort Action Arising Without State
============================
Torts--Res Ipsa Loquitur--Application To Disappearing Airplane
Particularizing Standards Of Conduct In Negligence Trials, James Fleming Jr., David K. Sigerson
Particularizing Standards Of Conduct In Negligence Trials, James Fleming Jr., David K. Sigerson
Vanderbilt Law Review
The general principles to be applied by court or jury in deciding whether conduct is reasonable have been examined elsewhere.' The problem to be dealt with here concerns the specific application of the law's standard of conduct to concrete cases. How, that is, may it be shown what a party or his opponent should have done, in the way of taking precautions or the like, in the situation presented by the evidence? What kinds of proof or argument are available to make this showing? When must such a showing be made by proof? Is the jury or court to determine …
Negligence--Res Ipsa Loquitor--Exclusiveness Of Defendant's Control Over Residual Circumstances After All Elements Of Shared Control Eliminated, L. H. B.
West Virginia Law Review
No abstract provided.
Relevancy Of Plaintiff's War Record In Personal Injury Action
Relevancy Of Plaintiff's War Record In Personal Injury Action
Indiana Law Journal
Notes and Comments: Evidence