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Reflections On Motion Picture Evidence, Brian L. Frye 2017 University of Kentucky College of Law

Reflections On Motion Picture Evidence, Brian L. Frye

Law Faculty Scholarly Articles

Courts have long admitted motion pictures as evidence. But until recently, making motion pictures was expensive and cumbersome. Today, making motion pictures is cheap and easy. And as a result, people make so many of them. As Cocteau predicted, the democratization of motion pictures has enabled people to create new forms of motion picture art. But it has also enabled people to create new forms of motion picture evidence. This article offers a brief history of motion picture evidence in the United States, and reflects on the use of motion picture evidence by the Supreme Court.


Revisiting The Public Safety Exception To Miranda For Suspected Terrorists: Dzhokhar Tsarnaev And The Bombing Of The 2013 Boston Marathon, Hannah Lonky 2017 Northwestern Pritzker School of Law

Revisiting The Public Safety Exception To Miranda For Suspected Terrorists: Dzhokhar Tsarnaev And The Bombing Of The 2013 Boston Marathon, Hannah Lonky

Journal of Criminal Law and Criminology

This Comment examines the application of the public safety exception to Miranda to cases of domestic terrorism, looking particularly at the case of Dzhokhar Tsarnaev and the 2013 Boston Marathon bombing. By comparing the Department of Justice’s War on Terror policies to the Warren Court’s rationale for Miranda, this Comment argues that courts should require law enforcement officers to have reasonable knowledge of an immediate threat to public safety before they may properly invoke the Quarles public safety exception.


Reliability Of Expert Evidence In International Disputes, Matthew W. Swinehart 2017 United States Department of the Treasury

Reliability Of Expert Evidence In International Disputes, Matthew W. Swinehart

Michigan Journal of International Law

Part I of this article traces the historical trends in the use of expert evidence in international disputes, from the scattered reliance on experts in the nineteenth and early twentieth centuries to the ubiquity of experts in modern disputes. With that perspective, Part II examines how decision makers have attempted to ensure reliability of the expert evidence that is flooding the evidentiary records of international disputes, while Part III outlines the many problems that still remain. Finally, Part IV proposes a non-exhaustive and nonbinding checklist of questions for analyzing the reliability of any type of expert evidence.


The Fragile Promise Of Open-File Discovery, Ben Grunwald 2017 Duke Law School

The Fragile Promise Of Open-File Discovery, Ben Grunwald

Faculty Scholarship

Under traditional rules of criminal discovery, defendants are entitled to little prosecutorial evidence and are thus forced to negotiate plea agreements and prepare for trial in the dark. In an effort to expand defendants’ discovery rights, a number of states have recently enacted “open-file” statutes, which require the government to share the fruits of its investigation with the defense. Legal scholars have widely supported these reforms, claiming that they level the playing field and promote judicial efficiency by decreasing trials and speeding up guilty pleas. But these predictions are based largely on intuition and anecdotal data without extended theoretical analysis ...


Grave Crimes And Weak Evidence: Fact-Finding Evolution In International Criminal Law, Nancy Amoury Combs 2017 William & Mary Law School

Grave Crimes And Weak Evidence: Fact-Finding Evolution In International Criminal Law, Nancy Amoury Combs

Faculty Publications

International criminal courts carry out some of the most important work that a legal system can conduct: prosecuting those who have visited death and destruction on millions. Despite the significance of their work--or perhaps because of it--international courts face tremendous challenges. Chief among them is accurate fact-finding. With alarming regularity, international criminal trials feature inconsistent, vague, and sometimes false testimony that renders judges unable to assess with any measure of certainty who did what to whom in the context of a mass atrocity. This Article provides the first-ever empirical study quantifying fact-finding in an international criminal court. The study shines ...


Brief Of The Ethics Bureau At Yale Law School Et Al. As Amici Curiae Supporting Petitioner, Office Of The Public Defender V. Lakicevic, 215 So.3d 112 (2017) (No. 16- 1371)., Janet Moore 2017 University of Cincinnati College of Law

Brief Of The Ethics Bureau At Yale Law School Et Al. As Amici Curiae Supporting Petitioner, Office Of The Public Defender V. Lakicevic, 215 So.3d 112 (2017) (No. 16- 1371)., Janet Moore

Faculty Articles and Other Publications

The vigilant defense of the attorney-client privilege by the courts is critical to preserving the integrity of the lawyer-client relationship. Accordingly, the Appellees’ attempt here to secure the client information from the client’s lawyer must be rejected with the same ardor as if the Appellees sought to swashbuckler through the lawyer’s entire file. If the principle that lawyer-client communications are sacrosanct were compromised in this case, the lessons from such a decision would eviscerate the attorney-client privilege in its entirety. Amici hope that their analysis will provide the Court with all of the constitutional, legal and practical reasons ...


An Evidentiary Oddity: “Careful Habit” -- Does The Law Of Evidence Embrace This Archaic/Modern Concept?, Marc D. Ginsberg 2016 John Marshall Law School

An Evidentiary Oddity: “Careful Habit” -- Does The Law Of Evidence Embrace This Archaic/Modern Concept?, Marc D. Ginsberg

Marc D. Ginsberg

The concept of the “careful habit”[i] is intriguing. The law of evidence vigorously distinguishes between character evidence (largely inadmissible)[ii] and habit evidence (presumptively admissible).[iii] Character is understood as a propensity to act in a certain fashion[iv]—a person’s disposition. Habit is understood as non-volitional, repetitive specific conduct, in response to stimuli, over a rather lengthy period of time.[v] “Carefulness” is known by the law as a character trait.[vi] Carefulness should not be confused with habit, yet this confusion has occurred in multiple jurisdictions, many years ago and recently. This paper seeks to explore ...


57. Spatial Language, Question Type, And Young Children’S Ability To Describe Clothing: Legal And Developmental Implications., Stacia N. Stolzenberg, Kelly McWilliams, Thomas D. Lyon 2016 Arizona State University

57. Spatial Language, Question Type, And Young Children’S Ability To Describe Clothing: Legal And Developmental Implications., Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon

Thomas D. Lyon

Children’s descriptions of clothing placement and touching with respect to clothing are central to assessing child sexual abuse allegations. This study examined children’s ability to answer the types of questions attorneys and interviewers typically ask about clothing, using the most common spatial terms (on/off, outside/inside, over/under). Ninety-seven 3- to 6-year-olds were asked yes/no (e.g. “Is the shirt on?”), forced-choice (e.g., “Is the shirt on or off?”), open-choice (e.g., “Is the shirt on or off or something else?”), or where questions (e.g., “Where is the shirt?”) about clothing using a human ...


Meaningful Access And Disability Discrimination: The Role Of Social Science And Other Empirical Evidence, Mark C. Weber 2016 DePaul University College of Law

Meaningful Access And Disability Discrimination: The Role Of Social Science And Other Empirical Evidence, Mark C. Weber

Mark C. Weber

In cases alleging disability discrimination in the provision of state and local government services, courts frequently hold that plaintiffs’ claims depend on the question whether, despite the disadvantage that government actions impose, the plaintiffs nevertheless receive meaningful access to the government services. Whether people with disabilities actually have meaningful access is in reality a factual question, one on which social science and other empirically supported facts should matter. But courts frequently ignore evidence about the nature and level of access that people with disabilities have to government programs when decisions regarding those programs are being challenged. This essay catalogues judicial ...


When Religious Belief Becomes Scientific Opinion: Burwell V. Hobby Lobby And The Unraveling Of Federal Rule 702, Meredith Rachel Mandell 2016 Northwestern University School of Law

When Religious Belief Becomes Scientific Opinion: Burwell V. Hobby Lobby And The Unraveling Of Federal Rule 702, Meredith Rachel Mandell

Northwestern Journal of Law & Social Policy

No abstract provided.


Reply To Miriam Baer And Michael Doucette’S Reviews Of Two Models Of Pre-Plea Discovery In Criminal Cases, Jenia I. Turner, Allison D. Redlich 2016 SMU Dedman School of Law

Reply To Miriam Baer And Michael Doucette’S Reviews Of Two Models Of Pre-Plea Discovery In Criminal Cases, Jenia I. Turner, Allison D. Redlich

Washington and Lee Law Review Online

No abstract provided.


Managing Fear-Based Derogation In Murder Trials, John Rafael Perez 2016 Notre Dame Law School

Managing Fear-Based Derogation In Murder Trials, John Rafael Perez

Journal of Legislation

No abstract provided.


The Choice Is (Not) Yours: Why The Sec Must Further Amend Its Rules Of Practice To Increase Fairness In Administrative Proceedings, Madeline Ilibassi 2016 Brooklyn Law School

The Choice Is (Not) Yours: Why The Sec Must Further Amend Its Rules Of Practice To Increase Fairness In Administrative Proceedings, Madeline Ilibassi

Brooklyn Journal of Corporate, Financial & Commercial Law

The Securities and Exchange Commission (SEC) plays an extremely important role within the securities industry—it oversees the financial markets, protects consumers, and maintains market efficiency. One of the most important (and recently one of most criticized) responsibilities of the SEC is its duty to enforce the securities laws and punish violators. During the past two decades, and especially after the implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, the SEC’s Division of Enforcement has grown substantially and has utilized administrative enforcement proceedings at an increasing rate. However; this utilization has been occurring without ...


The Dual Meaning Of Evidence-Based Judicial Review Of Legislation, Ittai Bar-Siman-Tov 2016 Bar-Ilan University

The Dual Meaning Of Evidence-Based Judicial Review Of Legislation, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

This article contributes to the nascent debate about the globally emerging, yet largely undefined, phenomenon of evidence-based judicial review of legislation, by offering a novel conceptualization of evidence-based judicial review.

It argues that evidence-based judicial review can have two related, but very different, meanings: one in which the judicial decision determining constitutionality of legislation is a product of independent judicial evidence-based decision-making; and the other in which the judicial decision on constitutionality of legislation focuses on evidence about the question of whether the legislation was a product of legislative evidence-based decision-making. 

The article then employs this novel insight about the ...


Mayo V. Eigh. Jud, Dist. Ct., 123 Nev. Adv. Op. 79 (Nov. 23, 2016), Alex Velto 2016 Nevada Law Journal

Mayo V. Eigh. Jud, Dist. Ct., 123 Nev. Adv. Op. 79 (Nov. 23, 2016), Alex Velto

Nevada Supreme Court Summaries

The Court found that the district court did not err when it found no violation of NRS 172.145(2). The Court interpreted NRS 172.145(2), which creates a duty on district attorneys to submit evidence to a grand jury if they are “aware” it will “explain away the charge.” The Court determined that a district attorney must be “aware” evidence has exculpatory value before there is a duty to present the evidence to a grand jury. The district attorney is not obligated to present exculpatory evidence it possesses but does not recognize as exculpatory. In the case at ...


Brief Of Appellant, Mark Andrew Matthews V. State Of Maryland, No. 327, Paul DeWolfe, Renée M. Hutchins, Jesse M. Lachman 2016 University of Maryland Francis King Carey School of Law

Brief Of Appellant, Mark Andrew Matthews V. State Of Maryland, No. 327, Paul Dewolfe, Renée M. Hutchins, Jesse M. Lachman

Court Briefs

No abstract provided.


The Admissibility Of Social Science Evidence In Person-Oriented Legal Adjudication, Ira P. Robbins 2016 University of Kansas

The Admissibility Of Social Science Evidence In Person-Oriented Legal Adjudication, Ira P. Robbins

Ira P. Robbins

No abstract provided.


Managing The Unmanageable: A Brief Accounting Of A Special Master’S Thirty Years Of Experience In Complex Litigation, Paul Rice 2016 American University Washington College of Law

Managing The Unmanageable: A Brief Accounting Of A Special Master’S Thirty Years Of Experience In Complex Litigation, Paul Rice

Ann Shalleck

Managing an efficient, but fair, pretrial process in a large and complex case has always been a challenge. With the advent of electronic communications and the corresponding explosion of privilege claims, this challenge has become significantly more difficult. Indeed, it is not uncommon for corporate parties to assert tens of thousands, if not hundreds of thousands, of privilege claims. Furthermore, the resolution of these privilege questions is often compounded by difficult choice of law questions that can have the result of different substantive principles being applied to identical discovery demands originating in different jurisdictions. Additionally, before addressing the increasingly voluminous ...


Rules Of Evidence In Cases Involving Lack Of Discretion, Msgr. Joseph G. Goodwine 2016 St. John's University School of Law

Rules Of Evidence In Cases Involving Lack Of Discretion, Msgr. Joseph G. Goodwine

The Catholic Lawyer

No abstract provided.


Oral Tradition And The Kennewick Man, Cathay Y. N. Smith 2016 Alexander Blewett III School of Law at the University of Montana

Oral Tradition And The Kennewick Man, Cathay Y. N. Smith

Faculty Law Review Articles

No abstract provided.


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