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Articles 1 - 23 of 23
Full-Text Articles in Evidence
The Economic Analysis Of Evidence Law: Common Sense On Stilts, Richard O. Lempert
The Economic Analysis Of Evidence Law: Common Sense On Stilts, Richard O. Lempert
Articles
There was a time when the empire of Law was not overrun by economists. The economists had their own fiefdoms to be sure-there was the Duchy of Antitrust and the Kingdom of Regulatory Law-but the economists lived in peace within these borders, welcoming many unlike themselves into their midst, only gently proselytizing their students in the first few classes of a term, and swearing fealty to the law. It is true that a few marauders from beyond the borders saw the wealth of the empire and sought to colonize it, but even the most daring, Archbishop Coase and Duke Gary …
Meaning, Intention, And The Hearsay Rule, Paul F. Kirgis
Meaning, Intention, And The Hearsay Rule, Paul F. Kirgis
William & Mary Law Review
No abstract provided.
Has Florida Won Or Lost The Battle By Eliminating Section 90.803(4) As An Alternative Tool In Prosecuting Child Sexual Abuse?, Celina E. Contreras
Has Florida Won Or Lost The Battle By Eliminating Section 90.803(4) As An Alternative Tool In Prosecuting Child Sexual Abuse?, Celina E. Contreras
University of Miami Law Review
No abstract provided.
The Florida Supreme Court Vs. The United States Supreme Court: The Florida Decision In Conner V. State And The Federal Interpretation Of Confrontation And Federal Rule Of Evidence 807, Stacey Schulman
University of Miami Law Review
No abstract provided.
Reply To Professor Ehrhardt, Michael D. Sanger
Reply To Professor Ehrhardt, Michael D. Sanger
University of Miami Law Review
No abstract provided.
Throwing The Baby Out With The Bathwater: Why Child Sexual Abuse Accommodation Syndrome Should Be Allowed As A Rehabilitative Tool In The Florida Courts, Michael D. Stanger
Throwing The Baby Out With The Bathwater: Why Child Sexual Abuse Accommodation Syndrome Should Be Allowed As A Rehabilitative Tool In The Florida Courts, Michael D. Stanger
University of Miami Law Review
No abstract provided.
Response, Celina E. Contreras
A Reply To Professor Capra, Joëlle Harvic
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
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.
Statements Of Bystanders To Police Officers Containing An Accusation Of Criminal Conduct Offered To Explain Subsequent Police Conduct, Joëlle Hervic
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.
When Children And The Elderly Are Victims: Balancing The Rights Of The Accused Against Those Of The Victim, Professor Charles W. Ehrhardt
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.
Compelled Dna Testing In Rape Cases: Illustrating The Necessity Of An Exception To The Self-Incrimination Clause, Stephanie A. Parks
Compelled Dna Testing In Rape Cases: Illustrating The Necessity Of An Exception To The Self-Incrimination Clause, Stephanie A. Parks
William & Mary Journal of Race, Gender, and Social Justice
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.
A Match Made In Maryland: Howard Chasanow And The Law Of Evidence, Alan D. Hornstein, Nichole G. Mazade
A Match Made In Maryland: Howard Chasanow And The Law Of Evidence, Alan D. Hornstein, Nichole G. Mazade
Maryland Law Review
No abstract provided.
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.
Tales Out Of School--Spillover Confessions And Against-Interest Statements Naming Others, Christopher B. Mueller
Tales Out Of School--Spillover Confessions And Against-Interest Statements Naming Others, Christopher B. Mueller
Publications
No abstract provided.
Scientific Evidence In Civil And Criminal Cases, Paul C. Giannelli
Scientific Evidence In Civil And Criminal Cases, Paul C. Giannelli
Faculty Publications
No abstract provided.
Mapp Goes Abroad, Craig M. Bradley
The Admissibility Of Expert Testimony On Repressed Memories Of Childhood Sexual Abuse In Logerquist V. Mcvey: Reliability Takes A Back Seat To Relevancy, Tomika N. Stevens
The Admissibility Of Expert Testimony On Repressed Memories Of Childhood Sexual Abuse In Logerquist V. Mcvey: Reliability Takes A Back Seat To Relevancy, Tomika N. Stevens
Villanova Law Review
No abstract provided.
Attorney-Client Confidentiality And The Assessment Of Claimants Who Allege Posttraumatic Stress Disorder, Robert H. Aronson, Lonnie Rosenwald, Gerald M. Rosen
Attorney-Client Confidentiality And The Assessment Of Claimants Who Allege Posttraumatic Stress Disorder, Robert H. Aronson, Lonnie Rosenwald, Gerald M. Rosen
Articles
Posttraumatic Stress Disorder (PTSD) was first recognized by the American Psychiatric Association in 1980. A PTSD diagnosis requires an individual or individual's loved ones to have experienced a traumatic event that was a threat to life or physical integrity and caused the individual to react to the incident with a specific number of avoidance, reexperiencing, and hyper-arousal symptoms. Obtaining a PTSD diagnosis can be of great value to a personal-injury plaintiff who claims damages due to a traumatic event. Further, if the traumatic event is unquestioned and the individual reports the classic symptoms, a PTSD diagnosis is relatively easy to …
Character Evidence, Paul C. Giannelli
“Other Acts” Evidence: Part Ii, Paul C. Giannelli
“Other Acts” Evidence: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
Wonders Of The Invisible World: Prosecutorial Syndrome And Profile Evidence In The Salem Witchcraft Trials, Jane Campbell Moriarty
Wonders Of The Invisible World: Prosecutorial Syndrome And Profile Evidence In The Salem Witchcraft Trials, Jane Campbell Moriarty
Jane Campbell Moriarty
The primary aims of this Article are to deconstruct the evidence from the Salem witchcraft trials and to determine whether those prosecutions relied upon syndrome and profile evidence, and whether such evidence played a substantial role in the convictions. The secondary aim is to determine whether modern cases employ evidentiary methods sufficiently similar to the Salem cases such that we should reconsider prosecutorial syndrome and profile evidence. This Article concludes that prosecutorial syndrome evidence and, to a lesser degree, prosecutorial profile evidence, were relied upon in the Salem cases and were important to the convictions. Moreover, in modern cases, which …