Touro University Jacob D. Fuchsberg Law Center
University of Washington School of Law
Pacific McGeorge School of Law
William & Mary Law School
William & Mary Law School
University of Arkansas at Little Rock William H. Bowen School of Law
Case Western Reserve University School of Law
The Catholic University of America, Columbus School of Law
Stites & Harbison, PLLC
Childist Objections, Youthful Relevance, And Evidence Reconceived,
2023
Penn State Dickinson Law
Childist Objections, Youthful Relevance, And Evidence Reconceived, Mae C. Quinn
Dickinson Law Review (2017-Present)
Evidence rules are written by and for adults. As a result, they largely lack the vantage point of youth and are rooted in arm’s-length assumptions about the lives and legal interests of young people. Moreover, because children have been mostly treated as evidentiary afterthoughts, they have been patched into the justice system and its procedures in a piecemeal fashion. Yet, to date, there has been no comprehensive scholarly critique of evidence principles and practices for failing to meaningfully account for youth. And the evidentiary intersection of youth and race has been almost entirely overlooked in legal scholarship. This Article, in …
The Long Road To Justice: Why State Courts Should Lower The Evidentiary Burden For Proving Racialized Traffic Stops And Adopt The Exclusionary Rule As A Remedy For Equal Protection Violations,
2023
University of Washington School of Law
The Long Road To Justice: Why State Courts Should Lower The Evidentiary Burden For Proving Racialized Traffic Stops And Adopt The Exclusionary Rule As A Remedy For Equal Protection Violations, Abby M. Fink
Washington Journal of Social & Environmental Justice
Racist and brutal policing continues to pervade the criminal legal system. Black and brown people who interact with the police consistently face unequal targeting and treatment. Routine traffic stops are especially dangerous and harmful and can lead to death. Under Whren, a police officer’s racist motivations or implicit bias towards a driver do not influence the constitutionality of a traffic stop. An officer only needs to show there was probable cause to believe a traffic stop occurred. Although the unconstitutionality of pre-textual traffic stops has been widely explored since Whren, both federal and state courts have struggled to find legal …
The "Crisis Of Expertise" Reaches The Courtroom: An Introduction To The Symposium On, And A Response To, Edward Cheng's Consensus Rule,
2023
Villanova University Charles Widger School of Law
The "Crisis Of Expertise" Reaches The Courtroom: An Introduction To The Symposium On, And A Response To, Edward Cheng's Consensus Rule, David S. Caudill
Villanova Law Review
No abstract provided.
The Owls: Some Difficulties In Judging Scientific Consensus,
2023
Villanova University Charles Widger School of Law
The Owls: Some Difficulties In Judging Scientific Consensus, Harry Collins
Villanova Law Review
No abstract provided.
The Adversity Of Adversarialism: How The Consensus Rule Reproduces The Expert Paradox,
2023
Villanova University Charles Widger School of Law
The Adversity Of Adversarialism: How The Consensus Rule Reproduces The Expert Paradox, Martin Weinel
Villanova Law Review
No abstract provided.
The Consensus Rule: Lessons From The Regulatory World,
2023
Villanova University Charles Widger School of Law
The Consensus Rule: Lessons From The Regulatory World, Wendy Wagner
Villanova Law Review
No abstract provided.
Embracing Deference,
2023
Villanova University Charles Widger School of Law
Embracing Deference, Edward K. Cheng, Elodie O. Currier, Payton B. Hampton
Villanova Law Review
No abstract provided.
The Consensus Rule: Judges, Jurors, And Admissibility Hearings,
2023
Villanova University Charles Widger School of Law
The Consensus Rule: Judges, Jurors, And Admissibility Hearings, Robert Evans
Villanova Law Review
No abstract provided.
What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice,
2023
Villanova University Charles Widger School of Law
What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman
Villanova Environmental Law Journal
No abstract provided.
Something Doesn’T Add Up: Solving Dna Forensic Science Statistical Fallacies In Trial Testimony,
2023
Vanderbilt University
Something Doesn’T Add Up: Solving Dna Forensic Science Statistical Fallacies In Trial Testimony, Kendall Brooke Kilberger
Vanderbilt Journal of Entertainment & Technology Law
While the limitations of traditional forensic sciences are generally recognized, the presentation of DNA forensic science statistical testimony has widely evaded criticism. This lack of oversight has allowed four DNA forensic science statistical fallacies to plague the legal system: providing statistics without empirical support, the individualization fallacy, the prosecutor’s fallacy, and the defense attorney’s fallacy. These fallacies pose a significant risk to the preservation of justice, as erroneous DNA forensic science statistical testimony plays a critical role in wrongfully convicting innocent defendants.
This Note suggests administering standard jury instructions every time DNA forensic science statistical testimony is presented during trial. …
Reforming Eyewitness Identification Processes: Challenges And Recommendations For Successful Implementation,
2023
Mitchell Hamline School of Law
Reforming Eyewitness Identification Processes: Challenges And Recommendations For Successful Implementation, Daniel Manley
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Safeguarding The Alford Plea: Minimizing State-Sanctioned Wrongful Convictions,
2023
Mitchell Hamline School of Law
Safeguarding The Alford Plea: Minimizing State-Sanctioned Wrongful Convictions, Zana Molina
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Ai Risk Assessment Tools Amid The War On Drugs: Productive Or Counterproductive?,
2023
Mitchell Hamline School of Law
Ai Risk Assessment Tools Amid The War On Drugs: Productive Or Counterproductive?, Matin Pedram
Mitchell Hamline Law Journal of Public Policy and Practice
The War on Drugs refers to a situation in which all the processes of production, distribution, and consumption of all illegal drugs are prohibited. This ambitious goal has imposed considerable costs on societies. The war has weaponized harsher punishments such as life imprisonment, execution, and long-term incarceration against drug offenders. Nonviolent offenders, those who possessed illegal drugs, have been easy targets for governments to show that the war is still ongoing. Although some countries became pioneers in changing the laws to end this costly war, Iran and the United States have made their stance on the drug issue clear, and …
Provisional Measures In Aid Of Arbitration,
2023
University of Pittsburgh School of Law
Provisional Measures In Aid Of Arbitration, Ronald A. Brand
Articles
The success of the New York Convention has made arbitration a preferred means of dispute resolution for international commercial transactions. Success in arbitration often depends on the extent to which a party may secure assets, evidence, or the status quo between parties prior to the completion of the arbitration process. This makes the availability of provisional measures granted by either arbitral tribunals or by courts fundamental to the arbitration. In this Article, I consider the existing legal framework for provisional measures in aid of arbitration, with particular attention to the sources of the rules providing for such measures. Those sources …
Environmental Evidence,
2023
University of Maryland Francis King Carey School of Law
Environmental Evidence, Seema Kakade
Faculty Scholarship
The voices of impacted people are some of the most important when trying to make improvements to social justice in a variety of contexts, including, criminal policing, housing, and health care. After all, the people with on the ground experience know what is likely to truly effectuate change in their community, and what is not. Yet, such lived experience is also often significantly lacking and undermined in law and policy. People with lived experience tend to be seen as both community experts with valuable knowledge, as well as non-experts with little valuable knowledge. This Article explores the lived experience with …
Rethinking Evidentiary Rules In An Age Of Bench Trials,
2022
University of California, Irvine School of Law
Rethinking Evidentiary Rules In An Age Of Bench Trials, Henry Zhuhao Wang
UC Irvine Law Review
American jury trials are vanishing. Statistics indicate that the number of jury trials in U.S. federal and state courts has diminished for decades, a phenomenon that has become even more pronounced amid the ongoing COVID-19 pandemic. Courts throughout the nation are on track for more than a year without any trials by jury. But as jury trials wane, bench trials are dominant in federal and state courts for both civil and criminal cases. What does that mean, then, for evidentiary rules? The Federal Rules of Evidence (FRE), first adopted in 1975, codify federal evidence law and have been adopted by …
Evidence,
2022
Mercer University School of Law
Evidence, John E. Hall Jr., W. Scott Henwood, Krysta Grimes
Mercer Law Review
Georgia’s judicial system has continued to grapple with the novel Coronavirus (COVID-19) for more than two years since the Honorable Harold D. Melton, former Chief Justice of the Supreme Court of Georgia,
first issued the Order Declaring Statewide Judicial Emergency on March 14, 2020. That order was extended fifteen times before finally terminating on June 30, 2021.
Seemingly in response to the world of uncertainties created by COVID-19, Georgia appellate courts took the opportunity to provide some additional interpretation and explanation to various aspects of Georgia’s new Evidence Code. This Article highlights some of the continuing interpretations of Georgia’s evidence …
What Counts As ‘Racist Enough?’: A Clearer Standard For New Trials When Jurors Demonstrate Racial Bias,
2022
Brooklyn Law School
What Counts As ‘Racist Enough?’: A Clearer Standard For New Trials When Jurors Demonstrate Racial Bias, Priyadarshini Das
Journal of Law and Policy
The no-impeachment rule, Federal Rule of Evidence 606(b), necessitates that jurors keep their deliberations secret. However, in the 2017 Supreme Court case Peña-Rodriguez v. Colorado, the Court created a racial bias exception to the no-impeachment rule. This exception allows jurors to notify the court when “one or more jurors made statements exhibiting overt racial bias that cast serious doubt on the fairness and impartiality of the jury’s deliberations and resulting verdict.” This Note argues that this standard is too narrow because it fails to consider several situations of racial bias, like implicit bias. The ineffectiveness of this exception is demonstrated …
Limiting Limited Liability: Requiring More Than Mere Subsequence Under Federal Rule Of Evidence 407,
2022
Touro University Jacob D. Fuchsberg Law Center
Limiting Limited Liability: Requiring More Than Mere Subsequence Under Federal Rule Of Evidence 407, Cynara Hermes Mcquillan
Scholarly Works
Rule 407 of the Federal Rules of Evidence, the “Subsequent Remedial Measures” Rule, is troubling. This exclusionary rule of evidence prohibits using subsequent remedial measures to demonstrate negligence, culpable conduct, or product defect. But, other than in the title of the rule, the phrase “subsequent remedial measures” does not appear anywhere in the rule’s text and the rule itself does not expressly define what measures fall within its purview. This omission creates space for different judicial interpretations of the rule’s language and ultimately disparate judicial outcomes. Although the Federal Rules of Evidence lend themselves to fact-specific inquiries that can lead …
You Can’T Simply Say “No!” Almighty Ceo: Georgia’S View On The Apex Doctrine And Discovery Abuse,
2022
Mercer University School of Law
You Can’T Simply Say “No!” Almighty Ceo: Georgia’S View On The Apex Doctrine And Discovery Abuse, W. Warren Hedgepeth
Mercer Law Review
Discovery is the process that allows litigants to gather information from the opposing party in a civil lawsuit. Discovery practices differ among states, and each state’s discovery laws generally determine (1) the scope and limits of what information can be gathered, (2) how it is gathered, and (3) when it is gathered. Depositions are included in discovery methods and allow parties to ask the deponent questions relating to the case. Depositions are not only expensive but can be disruptive, especially to high-level corporate executives whose time and dedication to their companies should be their primary focus. In some jurisdictions, corporate …
