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Inefficient Evidence, Alex Stein 2015 SelectedWorks

Inefficient Evidence, Alex Stein

Alex Stein

Why set up evidentiary rules rather than allow factfinders to make decisions by considering all relevant evidence? This fundamental question has been the subject of unresolved controversy among scholars and policymakers since it was raised by Bentham at the beginning of the nineteenth century. This Article offers a surprisingly straightforward answer: An economically minded legal system must suppress all evidence that brings along a negative productivity-expense balance and is therefore inefficient. Failure to suppress inefficient evidence will result in serious diseconomies of scale. To operationalize this idea, I introduce a “signal-to-noise” method borrowed from statistics, science, and engineering. This method ...


Technology And Family Law Hearings, Ron S. Foster, Lianne M. Cihlar 2014 Western University

Technology And Family Law Hearings, Ron S. Foster, Lianne M. Cihlar

Western Journal of Legal Studies

Technological innovations are changing the practice of law. Lawyers need to be aware of both the advantages of new technologies and the novel concerns that arise in the digital age. This article discusses eight issues that lawyers should be aware of with respect to technological advances within the legal field: (1) cloud technology, (2) the privacy implications that arise from new technology, (3) data storage technology, (4) electronic trials and hearings, (5) demonstrative evidence, (6) digital exhibit books, (7) internet searches and witnesses, and (8) video conference testimony.


When Skeletons Come Out Of The Closet: Implications Of The Bosnian Genocide Decision For Serbia's Eventual Eu Accession, Edina Slomic 2014 University of Georgia School of Law

When Skeletons Come Out Of The Closet: Implications Of The Bosnian Genocide Decision For Serbia's Eventual Eu Accession, Edina Slomic

Georgia Journal of International & Comparative Law

No abstract provided.


Visual Rhetoric: Topics Of Invention And Arrangement And Tropes Of Style, Michael D. Murray 2014 Valparaiso University

Visual Rhetoric: Topics Of Invention And Arrangement And Tropes Of Style, Michael D. Murray

Michael D. Murray

This Article discusses the rhetorical value of visual-graphical devices in legal discourse. Rhetoric, the art of persuasive communication, studies the available means to communicate with an audience in an effective, persuasive manner so as to achieve the author’s purpose in the context of a rhetorical situation. This Article joins a rapidly growing conversation on visual rhetoric—the use of graphic and pictorial imagery for effective, persuasive communication.

This Article will discuss the communicative power of visual-graphical works as rhetorical topics of invention and arrangement and tropes of style within contemporary legal rhetoric and modern argument theory. This work will ...


Please Provide The Entire Electronic Medical Record, Jonathan H. Lomurro Esq. LLM 2014 SelectedWorks

Please Provide The Entire Electronic Medical Record, Jonathan H. Lomurro Esq. Llm

Jonathan H. Lomurro Esq. LLM

No abstract provided.


Gay Panic And The Case For Gay Shield Laws, Kelly Strader, Molly Selvin, Lindsey Hay 2014 SelectedWorks

Gay Panic And The Case For Gay Shield Laws, Kelly Strader, Molly Selvin, Lindsey Hay

Kelly Strader

In a highly publicized “gay panic” case, Brandon McInerney shot and killed Larry King in their middle school classroom. King was a self-identified gay student who sometimes wore jewelry and makeup to school and, according to those who knew him, was possibly transgender. Tried as an adult for first-degree murder, McInerney asserted a heat of passion defense based upon King’s alleged sexual advances. The jury deadlocked, with a majority accepting McInerney’s defense.

Drawing largely upon qualitative empirical research, this article uses the Larry King murder case as a prism though which to view the doctrinal, theoretical, and policy ...


Avoiding Mock Trial By Ambush: A Trial Advocacy Competition Primer, Todd Bruno, Kathryn Sheely 2014 Charleston School of Law

Avoiding Mock Trial By Ambush: A Trial Advocacy Competition Primer, Todd Bruno, Kathryn Sheely

Todd Bruno

This work is intended as a short but complete introduction to law school trial advocacy competition. Specifically, it is intended as a road map for students and coaches who have taken the plunge into mock trial competitions. There is currently a lack of introductory material for beginning trial advocacy students. This article does not seek to replace the valuable tomes on trial advocacy by Thomas Mauet, the National Institute for Trial Advocacy, Larry Pozner and Roger Dodd, or Terence MacCarthy. Rather, it is offered to bridge the gap between these large works for individual trial advocates and the needs of ...


Hiding The Elephant (How The Psychological Techniques Of Magicians Can Be Used To Manipulate Witnesses At Trial), Sydney A. Beckman 2014 Lincoln Memorial University - Duncan School of Law

Hiding The Elephant (How The Psychological Techniques Of Magicians Can Be Used To Manipulate Witnesses At Trial), Sydney A. Beckman

Sydney A. Beckman

In 1917 Harry Houdini performed a single, yet incredible, illusion; “[u]nder the bright spotlights of New York’s Theatre Hippodrome, he made a live elephant disappear.” In 1983 David Copperfield made the Statue of Liberty Disappear in front of both a live and a national television audience. To be sure, neither the elephant nor Lady Liberty actually disappeared. But from the perspective of the audience they did, indeed, disappear. So which is correct? Did they, or didn’t they?

Trial Lawyers and Magicians share many of the same talents and skills. Misdirection, misinformation, selective-attention, ambiguity, verbal manipulation, body language ...


Litigation Technology For The Modern Practitioner, Jonathan H. Lomurro Esq. LLM, Christopher T. Campbell Esq, Matthew K. Blaine Esq, Stephanie L. Lomurro Esq, Christina V. Harvey Esq 2014 SelectedWorks

Litigation Technology For The Modern Practitioner, Jonathan H. Lomurro Esq. Llm, Christopher T. Campbell Esq, Matthew K. Blaine Esq, Stephanie L. Lomurro Esq, Christina V. Harvey Esq

Jonathan H. Lomurro Esq. LLM

No abstract provided.


Breaking The Ice: How Plaintiffs May Establish Premises Liability In "Black Ice" Cases Where The Dangerous Condition Is By Definition Not Visible Or Apparent To The Property Owner, Hon. Mark C. Dillon 2014 SelectedWorks

Breaking The Ice: How Plaintiffs May Establish Premises Liability In "Black Ice" Cases Where The Dangerous Condition Is By Definition Not Visible Or Apparent To The Property Owner, Hon. Mark C. Dillon

Hon. Mark C. Dillon

Plaintiffs that are injured as a result of encounters with "black ice," as distinguished from regular ice, face peculiar difficulties in establishing liability against property owners for the dangerous icy conditions on their premises. Black ice results from a unique process under certain conditions by which air bubbles are expelled from water during the freezing process, rendering the ice virtually invisible to the naked eye. Property owners therefore are not typically on actual or constructive notice of black ice conditions as to become subject to the legal requirement of undertaking measures to remedy the conditions. This article explores the law ...


Summary Of Leavitt V. Siems, 130 Adv. Nev. Op. 54, Michael Paretti 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Leavitt V. Siems, 130 Adv. Nev. Op. 54, Michael Paretti

Nevada Supreme Court Summaries

The Court concluded that: (1) expert alternative causation testimony is permissible; (2) ex parte communication, even when improper, only warrants a new trial when prejudice is established; and, (3) an employee’s default may not be used against an employer codefendant contesting liability.


Symposium: Criminal Law At The Crossroads: Turn To Accuracy, Dan Simon 2014 BLR

Symposium: Criminal Law At The Crossroads: Turn To Accuracy, Dan Simon

University of Southern California Legal Studies Working Paper Series

Given the pressing societal need to punish criminal behavior and the solemn nature of depriving people of their liberty and even life, one would expect that the accuracy of these fateful determinations would be the paramount goal of the criminal justice process. This article critically examines the system’s low prioritization of the accuracy of the verdicts it produces, and focuses on four key factors that hinder the attainment of accuracy: problems with the reliability of the evidence produced by police investigations, the opacity of criminal investigations, the intensity of the adversarial process, and the muddled understanding of the system ...


The Religion Of Alcoholics Anonymous (Aa): Applying The Clergy Privilege To Certain Aa Communications, Ari J. Diaconis 2014 Cornell Law Library

The Religion Of Alcoholics Anonymous (Aa): Applying The Clergy Privilege To Certain Aa Communications, Ari J. Diaconis

Cornell Law Library Prize for Exemplary Student Research Papers

In the debate about AA’s status as a religion for clergy privilege purposes, there has been a lack of accurate information.315 AA originated from among the most evangelic of Christian movements, the Oxford Group. AA’s 12 Step program is so centered on a higher power as to preclude an atheist from moving beyond Step 2, let alone complete the entire 12 Step program.

AA’s historical origins and program of recovery are so faith based as to render it a religion under virtually any First Amendment definition.Indeed, courts have already defined AA as a religion in ...


Beyond The Judicial Fourth Amendment: The Prosecutor's Role, Russell M. Gold 2014 NELLCO

Beyond The Judicial Fourth Amendment: The Prosecutor's Role, Russell M. Gold

New York University Public Law and Legal Theory Working Papers

Scholarly discussion of the Fourth Amendment focuses narrowly on judicial enforcement and the exclusionary rule. This Article takes a different approach: recognizing that prosecutors have a co-equal responsibility to enforce the Fourth Amendment. More specifically, prosecutors have a constitutional and ethical duty not to use evidence that they conclude was unconstitutionally obtained even if that evidence is admissible — the duty of administrative suppression. Instead of analyzing whether evidence would likely be deemed admissible by a court, prosecutors should instead analyze whether the evidence in their cases was gathered unconstitutionally and act accordingly.

Scholars have ignored that as the Supreme Court ...


Summary Of L.V. Dev. Assocs. V. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 37, Ryan Becklean 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of L.V. Dev. Assocs. V. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 37, Ryan Becklean

Nevada Supreme Court Summaries

The Court determined whether NRS 50.125 applies to depositions.


Supreme Court Of New York, Bronx County, People V. Womack, Barry M. Frankenstein 2014 Touro College Jacob D. Fuchsberg Law Center

Supreme Court Of New York, Bronx County, People V. Womack, Barry M. Frankenstein

Touro Law Review

No abstract provided.


Appellate Division, Third Department, People V. Smith, Jennifer Belk 2014 Touro College Jacob D. Fuchsberg Law Center

Appellate Division, Third Department, People V. Smith, Jennifer Belk

Touro Law Review

No abstract provided.


Supreme Court, New York County, Hughes V. Farrey, Eric Pack 2014 Touro College Jacob D. Fuchsberg Law Center

Supreme Court, New York County, Hughes V. Farrey, Eric Pack

Touro Law Review

No abstract provided.


Appellate Division, Fourth Department, People V. Hall, Eric Pack 2014 Touro College Jacob D. Fuchsberg Law Center

Appellate Division, Fourth Department, People V. Hall, Eric Pack

Touro Law Review

No abstract provided.


Adversarial Justice's Casualties: Defending Victim-Witness Protection, Mary Fan 2014 Boston College Law School

Adversarial Justice's Casualties: Defending Victim-Witness Protection, Mary Fan

Boston College Law Review

The U.S. Supreme Court and some state courts have constitutionalized an increasingly rigid and broad vision of adversarial adjudication’s requirements. Commentators often celebrate this adversarial revolution as expanding defendants’ rights of confrontation, cross-examination, and self-representation. Yet the adversarial revolution also has created an arsenal of tactics to retraumatize victims of sexual assault and general violent crime. The courts and legislatures are in disarray about what to do to protect vulnerable victim-witnesses. This Article is about adversarial adjudication’s casualties and how to reduce the risk of harm. The Article defends a subset of protective measures that avert further ...


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