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Brief Of Appellant, James Goss V. State Of Maryland, No. 669, Paul DeWolfe, Renée M. Hutchins, Lisa M. Johnson 2016 University of Maryland Francis King Carey School of Law

Brief Of Appellant, James Goss V. State Of Maryland, No. 669, Paul Dewolfe, Renée M. Hutchins, Lisa M. Johnson

Court Briefs

No abstract provided.


The New Pcast Report To The President Of The United States On Forensic Science, Robert M. Sanger 2016 Santa Barbara College of Law

The New Pcast Report To The President Of The United States On Forensic Science, Robert M. Sanger

Robert M. Sanger

The President of the United States requested an in-depth report from the President’s Council of Advisors
on Science and Technology (known as PCAST) in 2015 to “consider whether there are additional steps that
could usefully be taken on the scientific side to strengthen the forensic science disciplines and ensure the validity of forensic evidence used in the Nation’s legal system.” The PCAST Report was issued September 20, 2016, specifically referring to criminal court applications of forensic science. The report has implications for civil
litigators as well as criminal. It also has implications for judges, particularly those at the ...


Hearsay And The Confrontation Clause, Lynn McLain 2016 University of Baltimore School of Law

Hearsay And The Confrontation Clause, Lynn Mclain

All Faculty Scholarship

This speech was delivered to the Wicomico Co. Bar Association on October 28th, 2016. It is an updated version of the 2012 speech, available at http://scholarworks.law.ubalt.edu/all_fac/924/ .

Overview: Only an out-of-court statement ("OCS") offered for the truth of the matter that was being asserted by the out-of-court declarant ("declarant") at the time when s/he made the OCS ("TOMA") = hearsay ("HS"). If evidence is not HS, the HS rule cannot exclude it. The Confrontation Clause also applies only to HS, but even then, only to its subcategory comprising "testimonial hearsay." Cross-references to "MD-EV" are to ...


Recording A New Frontier In Evidence-Gathering: Police Body-Worn Cameras And Privacy Doctrines In Washington State, Katie Farden 2016 Seattle University School of Law

Recording A New Frontier In Evidence-Gathering: Police Body-Worn Cameras And Privacy Doctrines In Washington State, Katie Farden

Seattle University Law Review

This Note contributes to a growing body of work that weighs the gains that communities stand to make from police body-worn cameras against the tangle of concerns about how cameras may infringe on individual liberties and tread on existing privacy laws. While police departments have quickly implemented cameras over the past few years, laws governing the use of the footage body-worn cameras capture still trail behind. Notably, admissibility rules for footage from an officer’s camera, and evidence obtained with the help of that footage, remain on the horizon. This Note focuses exclusively on Washington State’s laws. It takes ...


Pactes D'Actionnaires Et Prévention Des Conflits Dans La Société Anonyme De L'Espace Ohada., Julien Coomlan Hounkpe 2016 University of Abomey Calavi, Benin

Pactes D'Actionnaires Et Prévention Des Conflits Dans La Société Anonyme De L'Espace Ohada., Julien Coomlan Hounkpe

Julien C. Hounkpe

L’expérience enseigne que les pactes d’actionnaires sont le plus souvent méconnus ou insuffisamment utilisés dans les sociétés anonymes en Afrique. Or ces instruments conventionnels permettent de mettre en place un certain nombre de mécanismes qui s’avéreraient efficaces dans la prévention des conflits entre actionnaires dans l’espace OHADA.


The Surprising History Of The Preponderance Standard Of Civil Proof, John Leubsdorf 2016 University of Florida Levin College of Law

The Surprising History Of The Preponderance Standard Of Civil Proof, John Leubsdorf

Florida Law Review

Although much has been written on the history of the requirement of proof of crimes beyond a reasonable doubt, this is the first study to probe the history of its civil counterpart, proof by a preponderance of the evidence. It turns out that the criminal standard did not diverge from a preexisting civil standard, but vice versa. Only in the late eighteenth century, after lawyers and judges began speaking of proof beyond a reasonable doubt, did references to the preponderance standard begin to appear. Moreover, U.S. judges did not start to instruct juries about the preponderance standard until the ...


Posnerian Hearsay: Slaying The Discretion Dragon, Liesa L. Richter 2016 University of Florida Levin College of Law

Posnerian Hearsay: Slaying The Discretion Dragon, Liesa L. Richter

Florida Law Review

Distinguished jurist and scholar, Judge Richard Posner of the U.S. Court of Appeals for the Seventh Circuit penned a concurrence in United States v. Boyce, 742 F.3d 792 (7th Cir. 2014), in which he launched a scathing attack on the scheme of categorical hearsay exceptions embodied in the Federal Rules of Evidence. After characterizing the existing hearsay regime as bad “folk psychology,” Judge Posner called for the repeal of categorical hearsay exceptions in favor of case-by-case determinations about the “reliability” of particular hearsay statements by trial judges. Prior to adoption of the Federal Rules, evidence experts debated whether ...


Breaking Bad Facts: How Intriguing Contradictions In Fiction Can Teach Lawyers To Re-Envision Harmful Evidence, Cathren Koehlert-Page 2016 Barry University

Breaking Bad Facts: How Intriguing Contradictions In Fiction Can Teach Lawyers To Re-Envision Harmful Evidence, Cathren Koehlert-Page

Faculty Scholarship

No abstract provided.


La Preuve Dans Le Droit Ohada Des Entreprises En Difficultés, Julien Coomlan Hounkpe 2016 University of Abomey Calavi, Benin

La Preuve Dans Le Droit Ohada Des Entreprises En Difficultés, Julien Coomlan Hounkpe

Julien Coomlan Hounkpe

Un nouvel Acte uniforme portant procédures collectives d'apurement du passif est entré en vigueur le 24 décembre 2015 dans l’espace OHADA. La liberté de preuve qui a valeur principielle en droit commercial, connait des aménagements dans le nouveau droit des entreprises en difficulté.       


Virginia Prosecutors’ Response To Two Models Of Pre-Plea Discovery In Criminal Cases: An Empirical Comparison, Michael R. Doucette 2016 Commonwealth's Attorney, City of Lynchburg

Virginia Prosecutors’ Response To Two Models Of Pre-Plea Discovery In Criminal Cases: An Empirical Comparison, Michael R. Doucette

Washington and Lee Law Review Online

No abstract provided.


Brief Of Evidence Law Scholars As Amici Curiae In Support Of Petitioner Paul L. Behrens’ Petition For Rehearing And Rehearing En Banc, Paul F. Rothstein 2016 Georgetown University Law Center

Brief Of Evidence Law Scholars As Amici Curiae In Support Of Petitioner Paul L. Behrens’ Petition For Rehearing And Rehearing En Banc, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The panel here held that the government’s expert in a criminal trial can present hearsay for its truth without satisfying the requirements of Rule 703 or the prerequisites to admissibility under any hearsay exception. Amici believe that misreads the Federal Rules of Evidence, undermines the general prohibition on hearsay, and circumvents defendants’ cross-examination rights.


Diversifying To Mitigate Risk: Can Dodd–Frank Section 342 Help Stabilize The Financial Sector?, Kristin Johnson, Steven A. Ramirez, Cary Martin Shelby 2016 Seton Hall University School of Law

Diversifying To Mitigate Risk: Can Dodd–Frank Section 342 Help Stabilize The Financial Sector?, Kristin Johnson, Steven A. Ramirez, Cary Martin Shelby

Washington and Lee Law Review

No abstract provided.


The Academy Standards Board For Firearms And Toolmarks, Robert M. Sanger 2016 Santa Barbara College of Law

The Academy Standards Board For Firearms And Toolmarks, Robert M. Sanger

Robert M. Sanger

This article will discuss the Academy Standards Board Consensus Body for Forensics in the area of Firearms and Toolmarks, and its role in the scheme of standards, commissions and entities doing this type of work.


Newsroom: Kuckes On Grand Jury Secrecy 8/30/2016, Roger Williams University School of Law 2016 Roger Williams University

Newsroom: Kuckes On Grand Jury Secrecy 8/30/2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Ttab's Dangerous Dismissal Of 'Doubt', Charles E. Colman 2016 NYU School of Law

The Ttab's Dangerous Dismissal Of 'Doubt', Charles E. Colman

Charles Colman

On September 30, 2013, the Trademark Trial and Appeal Board issued a troubling decision in In re Bottega Veneta Int’l S.a.r.l. Viewed in a broader context, the decision reflects the Board’s growing reluctance to apply the doctrine of “aesthetic functionality” in ex parte prosecution proceedings to bar the issuance of potentially anticompetitive trade-dress registrations. The TTAB gives its imprimatur to the dubious “trade dress” at issue in Bottega Veneta through procedural tactics whose novelty and import have gone largely unacknowledged — specifically, (1) the Board’s declaration of its intention to resolve “doubts” as to aesthetic ...


Electronic Discovery In Civil Litigation: Avoiding Surprises In Cost Shifting Decisions, Genevieve H. Harte 2016 Seton Hall University

Electronic Discovery In Civil Litigation: Avoiding Surprises In Cost Shifting Decisions, Genevieve H. Harte

Seton Hall Circuit Review

No abstract provided.


Disruptions' Function: A Defense Of (Some) Form Objections Under The Federal Rules Of Civil Procedure, Amir Shachmurove 2016 Seton Hall University

Disruptions' Function: A Defense Of (Some) Form Objections Under The Federal Rules Of Civil Procedure, Amir Shachmurove

Seton Hall Circuit Review

No abstract provided.


Newsroom: Good Reason For Secrecy On 38 Studios 8/12/2016, Niki Kuckes, Roger Williams University School of Law 2016 Roger Williams University

Newsroom: Good Reason For Secrecy On 38 Studios 8/12/2016, Niki Kuckes, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Neither Strict Nor Nuanced: The Balanced Standard For False Claims Act Pleading In The Eleventh Circuit, C. Caitlin Giles 2016 University of Miami Law School

Neither Strict Nor Nuanced: The Balanced Standard For False Claims Act Pleading In The Eleventh Circuit, C. Caitlin Giles

University of Miami Law Review

False Claims Act litigation is more hotly contested than ever before. One such controversial issue plaguing federal courts is the proper application of Federal Rule of Civil Procedure 9(b) to actions arising under the False Claims Act. The explosion of litigation under the FCA caused a circuit split to emerge on the correct standard to use when applying Rule 9(b)’s heightened pleading requirement for more particularity. Specifically, courts are split on the level of specificity required to prove that a false claim was submitted to the government. Some apply a “strict” interpretation and require pleadings to include ...


Teaching The Quandary Of Statistical Jurisprudence: A Review-Essay On Math On Trial By Schneps And Colmez, Noah Giansiracusa 2016 University of Georgia

Teaching The Quandary Of Statistical Jurisprudence: A Review-Essay On Math On Trial By Schneps And Colmez, Noah Giansiracusa

Journal of Humanistic Mathematics

This review-essay on the mother-and-daughter collaboration Math on Trial stems from my recent experience using this book as the basis for a college freshman seminar on the interactions between math and law. I discuss the strengths and weaknesses of this book as an accessible introduction to this enigmatic yet deeply important topic. For those considering teaching from this text (a highly recommended endeavor) I offer some curricular suggestions.


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