Tangible "Intangibles" And Other Mysteries: A Critique Of The D.C. Circuit's Expansion Of Work Product Doctrine In United States V. Deloitte Llp, 2011 University of Nevada, Las Vegas -- William S. Boyd School of Law
Tangible "Intangibles" And Other Mysteries: A Critique Of The D.C. Circuit's Expansion Of Work Product Doctrine In United States V. Deloitte Llp, Brian L. Blaylock
Nevada Law Journal
No abstract provided.
El Manejo De La Incertidumbre Judicial: La Construcción De La Duda Razonable En El Sistema Procesal Penal / Management Of Judicial Uncertainty: The Construction Of The Reasonable Doubt Standard Under The Criminal Procedure System, 2011 Universidad Diego Portales
El Manejo De La Incertidumbre Judicial: La Construcción De La Duda Razonable En El Sistema Procesal Penal / Management Of Judicial Uncertainty: The Construction Of The Reasonable Doubt Standard Under The Criminal Procedure System, Claudio Fuentes Maureira
Claudio Fuentes Maureira
The Chilean criminal procedure reform introduced to the Chilean legal culture many foreign institutions. In every case the idea behind it was to change specific behaviours of the old system. One of these institutions was the concept or idea of the standard of proof, mainly the introduction in article 340 of the current Code of Criminal Procedure of the beyond reasonable doubt standard.
The paper explores, ten years after the adoption of the new system, how the the tribunals have understood and incorporated this concept, and specifically the beyond reasonable doubt standard. In terms of methodology the paper focuses, in …
Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, 2011 Chapman University School of Law
Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan
Donald J. Kochan
In his 1910 book, How We Think, John Dewey proclaimed that “the most important factor in the training of good mental habits consists in acquainting the attitude of suspended conclusion. . .” This Article explores that insight and describes its meaning and significance in the enterprise of thinking generally and its importance in law school education specifically. It posits that the law would be best served if lawyers think like thinkers and adopt an attitude of suspended conclusion in their problem solving affairs. Only when conclusion is suspended is there space for the exploration of the subject at hand. The …
Comentario Del Fallo De La Corte De Apelaciones De Concepción Sobre Exclusión Probatoria En Juicios De Familia: ¿Realidad O Ficción?, 2011 Universidad Diego Portales
Comentario Del Fallo De La Corte De Apelaciones De Concepción Sobre Exclusión Probatoria En Juicios De Familia: ¿Realidad O Ficción?, Claudio Fuentes Maureira
Claudio Fuentes Maureira
El presente documento destaca la relevancia de una reciente sentencia de la Corte de Apelaciones de Concepción en materia de derecho procesal de Familia. En ella la Corte establece una sana línea jurisprudencial que fija una expectativa de conducta por parte del juez de familia respecto de cómo deben encarar el incidente de exclusión probatoria que se da en el contexto de la audiencia preparatoria. Asimismo, qué tipo de razonamiento deben llevar a cabo para resolver la solicitud de exclusión planteada y cuáles son los mínimos argumentos que su decisión de exclusión debe considerar.
Etchings On Glass: Reflections On The Science Of Proof, 2011 Touro Law Center
Etchings On Glass: Reflections On The Science Of Proof, Louise Harmon
Louise Harmon
No abstract provided.
Wild Dreamers: Meditation On The Admissibility Of Dream Talk, 2011 Touro Law Center
Wild Dreamers: Meditation On The Admissibility Of Dream Talk, Louise Harmon
Louise Harmon
No abstract provided.
A Theory Of The Perverse Verdict, 2011 University of Atlanta, Atlanta, GA. USA
A Theory Of The Perverse Verdict, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
The concept of a perverse verdict is one that pervades the Criminal justice system of nearly all common law jurisdictions. The English Criminal Justice system is no exception and the concept has become institutionalised as if it were a true occurrence. This paper challenges the idea and argues that it is, technically, a legal non-event given the system of trial by jury. The theory is that besides the jury, no one else is invested with the power and authority to declare a verdict and this position is supported both by legal custom and the mechanism of the criminal justice system. …
"Introduction" (Chapter 1) Of Stories About Science In Law: Literary And Historical Images Of Acquired Expertise (Ashgate 2011), David S. Caudill
Working Paper Series
This is the introductory chapter of Stories About Science in Law: Literary and Historical Images of Acquired Expertise (Ashgate, 2011), explaining that the book presents examples of how literary accounts can provide a supplement to our understanding of science in law. Challenging the view that law and science are completely different, I focus on stories that explore the relationship between law and science, and identify cultural images of science that prevail in legal contexts. In contrast to other studies on the transfer and construction of expertise in legal settings, the book considers the intersection of three interdisciplinary projects-- law and …
Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?, David S. Caudill
Working Paper Series
My focus is on an apparent trend at the intersection of the fields of evidentiary standards for expert admissibility and professional responsibility, namely the eagerness to place more ethical responsibilities on lawyers to vet their proffered expertise to ensure its reliability. My reservations about this trend are not only based on its troubling implications for the lawyer’s duty as a zealous advocate, which already has obvious limitations (because of lawyers’ conflicting duties to the court), but are also based on the problematic aspects of many reliability determinations. To expect attorneys—and this is what the proponents of a duty to vet …
24. Interviewing Children Versus Tossing Coins: Accurately Assessing The Diagnosticity Of Children’S Disclosures Of Abuse., 2011 University of Southern California
24. Interviewing Children Versus Tossing Coins: Accurately Assessing The Diagnosticity Of Children’S Disclosures Of Abuse., Thomas D. Lyon, Elizabeth C. Ahern, Nicholas Scurich
Thomas D. Lyon
Curtains, 2011 University of Atlanta, Atlanta, GA. USA
Curtains, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
This is the story of life in all its glory and eternal ramifications. This is the story of us.
I Wept, 2011 University of Atlanta, Atlanta, GA. USA
I Wept, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
It is not always what we expect to find in love but sometimes, we look in the worng places. We fail to notice that what we always wanted and sought was always in front of us.
Vanity Of Vanities, 2011 University of Atlanta, Atlanta, GA. USA
Vanity Of Vanities, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
All that we see and all that we do are emptied into the eternal abyss of nothingness and vain glory. All the we have and all own us are intertwined in the great deception of man. Vanity of vanities, says the preacher, all is vanity
Summary Of Williams V. Dist. Ct., 127 Nev. Adv. Op. No. 45, 2011 Nevada Law Journal
Summary Of Williams V. Dist. Ct., 127 Nev. Adv. Op. No. 45, Ryan Johnson
Nevada Supreme Court Summaries
Two consolidated petitions for writs of mandamus dealing with the admission of evidence and expert medical testimony.
A Criminal Moment In Time, 2011 Northcentral University
A Criminal Moment In Time, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
Criminal law jurisprudence considers the concepts of motive, intent and the forbidden act integral to the justice process. Throughout the common law jurisdictions, this trio overshadows a central theme that is a precursor to all criminal acts – the idea of a social responsibility continuum or cognitive dependency. While motive is dispositional on a wider application, intent is situational and is a product of one’s socio-cultural experience. The forbidden act, though central to the process, constitutes ‘a faithful mirror of thought’ – the consummation of a deliberate and manipulated cognition. The nexus between the three subjects extends beyond the Cartesan …
Jury Deliberations – How Do Reasoning Skills Interplay With Decision-Making?, 2011 University of Atlanta, Atlanta, GA. USA
Jury Deliberations – How Do Reasoning Skills Interplay With Decision-Making?, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
We may well wonder how the Casey Anthony reached its verdict in spite of what many of us thought was a raft of compelling evidence. In order to understand some of the nuances at play, it is important to understand some of the issues that confront a jury and how the criminal justice system ensures or attempts to ensure a fair outcome in our trial by jury system
Choosing An Expert Witness In Construction Cases, 2011 University of Wisconsin - Milwaukee
Choosing An Expert Witness In Construction Cases, Robert Greenstreet
Architecture Faculty Articles
This article outlines a guide for attorneys to reach out to potential expert witnesses. By asking certain questions and requesting specific information, they can eliminate less appropriate individuals and become reasonably assured that the individuals finally selected will be effective players in the presentation of each case.
Jury Continuum, 2011 University of Atlanta, Atlanta, GA. USA
Jury Continuum, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
Jury deliberations – how do reasoning skills interplay with decision-making?We may well wonder how the Casey Anthony jury reached its verdict in spite of what many of us thought was a raft of compelling evidence for conviction. In order to understand some of the nuances at play, it is important to understand some of the issues that confront a jury and how the criminal justice system ensures or attempts to ensure a fair outcome in our trial by jury system. At the risk of stating the obvious, one of the most enduring features of our criminal justice system is the …
Evidence, 2011 Mercer University School of Law
Evidence, W. Randall Bassett, Susan M. Clare
Mercer Law Review
Although the 2010 term of the United States Court of Appeals for the Eleventh Circuit had its share of controversial cases, the court's evidentiary rulings were few in number and moderate in scope. As it has in recent years, the court relied heavily on unpublished decisions to resolve cases without creating binding precedent; thus there were no major alterations to the law of evidence requiring practitioners to run to the nearest volume of the Federal Reporter. As explained in previous iterations of this Survey, the court cautions that its "[u]npublished opinions are not considered binding precedent." As a result,
The …
An Overview Of The Capital Jury Project For Military Practitioners: Aggravation, Mitigation, And Admission Defenses, 2011 Florida International University College of Law