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Illinois Courts And The Law Of Miranda Waivers: A Policy Worth Preserving, 30 N. Ill. U. L. Rev. 429 (2010), Timothy P. O'Neill 2010 The John Marshall Law School, Chicago

Illinois Courts And The Law Of Miranda Waivers: A Policy Worth Preserving, 30 N. Ill. U. L. Rev. 429 (2010), Timothy P. O'Neill

Faculty Scholarship

No abstract provided.


The Case For Semi-Strong-Form Corporate Scienter In Securities Fraud Actions, Paul B. Maslo 2010 King & Spalding

The Case For Semi-Strong-Form Corporate Scienter In Securities Fraud Actions, Paul B. Maslo

Michigan Law Review First Impressions

The mental state of scienter - intent to defraud - is a required element of a securities fraud claim. The scienter inquiry is fairly straightforward when the defendant is an individual. It is more complex when a corporate entity is involved because a corporation can only act through its agents; it has no mind of its own. This article compares the three approaches courts have used to impute scienter to corporate defendants in the securities fraud context and concludes by recommending the approach which strikes an appropriate balance between several dueling public policy concerns.


Coconspirators, “Coventurers,” And The Exception Swallowing The Hearsay Rule, Ben L. Trachtenberg 2010 University of Missouri School of Law

Coconspirators, “Coventurers,” And The Exception Swallowing The Hearsay Rule, Ben L. Trachtenberg

Faculty Publications

In recent years, prosecutors - sometimes with the blessing of courts - have argued that when proving the existence of a “conspiracy” to justify admission of evidence under the Coconspirator Exception to the Hearsay Rule, they need show only that the declarant and the defendant were “coventurers” with a common purpose, not coconspirators with an illegal purpose. Indeed, government briefs and court decisions specifically disclaim the need to show any wrongful goal whatsoever. This Article contends that such a reading of the Exception is mistaken and undesirable. Conducted for this article, a survey of thousands of court decisions, including the earliest English ...


Retribution And The Experience Of Punishment, Christopher J. Buccafusco, J. Bronsteen, J. Masur 2010 IIT Chicago-Kent College of Law

Retribution And The Experience Of Punishment, Christopher J. Buccafusco, J. Bronsteen, J. Masur

All Faculty Scholarship

In a prior article, we argued that punishment theorists need to take into account the counterintuitive findings from hedonic psychology about how offenders typically experience punishment. Punishment generally involves the imposition of negative experience. The reason that greater fines and prison sentences constitute more severe punishments than lesser ones is, in large part, that they are assumed to impose greater negative experience. Hedonic adaptation reduces that difference in negative experience, thereby undermining efforts to achieve proportionality in punishment. Anyone who values punishing more serious crimes more severely than less serious crimes by an appropriate amount - as virtually everyone does - must ...


Welfare As Happiness (With J. Bronsteen & J. Masur), Christopher J. Buccafusco 2010 IIT Chicago-Kent College of Law

Welfare As Happiness (With J. Bronsteen & J. Masur), Christopher J. Buccafusco

All Faculty Scholarship

Perhaps the most important goal of law and policy is improving people’s lives. But what constitutes improvement? What is quality of life, and how can it be measured? In previous articles, we have used insights from the new field of hedonic psychology to analyze central questions in civil and criminal justice, and we now apply those insights to a broader inquiry: how can the law make life better? The leading accounts of human welfare in law, economics, and philosophy are preference-satisfaction - getting what one wants - and objective list approaches - possessing an enumerated set of capabilities. This Article argues against ...


Expert Testimony In Child Sexual Abuse Litigation: Consensus And Confusion, John E.B. Myers 2010 Pacific McGeorge School of Law

Expert Testimony In Child Sexual Abuse Litigation: Consensus And Confusion, John E.B. Myers

McGeorge School of Law Scholarly Articles

No abstract provided.


The Unblinking Eye Turns To Appellate Law: Cameras In Trial Courtrooms And Their Effect On Appellate Law, Mary E. Adkins 2010 University of Florida Levin College of Law

The Unblinking Eye Turns To Appellate Law: Cameras In Trial Courtrooms And Their Effect On Appellate Law, Mary E. Adkins

UF Law Faculty Publications

Over the past twenty years, most American courthouses have been wired with audio and video recording equipment to enhance security and economize on court reporting costs. These in-house alterations have an overlooked consequence for appeals. The mere existence of these recordings of all courtroom occurrences will unavoidably change the way appeals are handled and reviewed.

Appellate courts will need to make new types of decisions on whether to accept the audio-video recordings as appellate records or continue the reliance on transcripts and items entered into evidence. If the appellate courts do not accept audio-video recordings as appellate records, or if ...


An Unsettling Outcome: Why The Florida Supreme Court Was Wrong To Ban All Settlement Evidence In Saleeby V Rocky Elson Construction, Inc., 3 So. 3d 1078 (Fla. 2009), Michael L. Seigel, Robert J. Hauser, Allison D. Sirica 2010 University of Florida Levin College of Law

An Unsettling Outcome: Why The Florida Supreme Court Was Wrong To Ban All Settlement Evidence In Saleeby V Rocky Elson Construction, Inc., 3 So. 3d 1078 (Fla. 2009), Michael L. Seigel, Robert J. Hauser, Allison D. Sirica

UF Law Faculty Publications

It is rare that a court as sophisticated as the Florida Supreme Court casually makes a fundamental mistake in an important area of the law. Unfortunately, Saleeby v. Rocky Elson Construction, Inc., 3 So. 3d 1078 (Fla. 2009) represents one of these unusual instances. The Court was faced with a simple question: may evidence pertaining to a prior settlement be offered at trial when it is relevant to something other than liability or the invalidity or amount of the pending claim. The universal answer under both federal law and the law of other states is yes, as long as the ...


Reasonable Grounds Evidence Involving Sexual Violence In Darfur (With J. Hagan & R. Brooks), Todd Haugh 2010 IIT Chicago-Kent College of Law

Reasonable Grounds Evidence Involving Sexual Violence In Darfur (With J. Hagan & R. Brooks), Todd Haugh

All Faculty Scholarship

No abstract provided.


Vol. Xvii, Tab 54 - Google's Reply Motion In Further Support Of Its Motion For Summary Judgment, Google 2010 Santa Clara Law

Vol. Xvii, Tab 54 - Google's Reply Motion In Further Support Of Its Motion For Summary Judgment, Google

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Xviii, Tab 55 - Google's Reply Memorandum Of Law In Further Support Of Its Motion To Exclude The Expert Report And Opinion Of Dr. Kent Van Liere, Google 2010 Santa Clara Law

Vol. Xviii, Tab 55 - Google's Reply Memorandum Of Law In Further Support Of Its Motion To Exclude The Expert Report And Opinion Of Dr. Kent Van Liere, Google

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Xx, Tab 57 - Ex. 2 - Rosetta Stone's First Request For The Production Of Documents From Google, Rosetta Stone 2010 Santa Clara Law

Vol. Xx, Tab 57 - Ex. 2 - Rosetta Stone's First Request For The Production Of Documents From Google, Rosetta Stone

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Electronic Records And The Law Of Evidence In Canada: The Uniform Electronic Evidence Act Twelve Years Later, Luciana Duranti, Corinne M. Rogers, Anthony F. Sheppard 2010 Allard School of Law at the University of British Columbia

Electronic Records And The Law Of Evidence In Canada: The Uniform Electronic Evidence Act Twelve Years Later, Luciana Duranti, Corinne M. Rogers, Anthony F. Sheppard

Faculty Publications

This article analyzes the adequacy of The Uniform Electronic Evidence Act, twelve years after its adoption, in dealing with the complexity of the records created, used, or stored in the digital environment. In the face of rapidly changing technology, the authors believe that the nature and characteristics of electronic records cannot be accounted for by simple modifications to the existing law of evidence, but require a new enactment following upon a close collaboration among records professions, legal and law enforcement professions, and the information technology profession. The new rules, comprehensively encompassing issues of relevance, admissibility, and weight of electronic documentary ...


Individualization Claims In Forensic Science: Still Unwarranted, Jonathan Koehler, Michael J. Saks 2010 Northwestern University School of Law

Individualization Claims In Forensic Science: Still Unwarranted, Jonathan Koehler, Michael J. Saks

Faculty Working Papers

In a 2008 paper published in the Vanderbilt Law Review entitled "The Individualization Fallacy in Forensic Science Evidence," we argued that no scientific basis exists for the proposition that forensic scientists can "individualize" an unknown marking (such as a fingerprint, tire track, or handwriting sample) to a particular person or object to the exclusion of all others in the world. In this special issue of the Brooklyn Law Review, we clarify, refine, and extend some of the ideas presented in Fallacy. Some of the refinements are prompted by Professor David Kaye's paper, also in this issue of the Review ...


Hearings, Mark Spottswood 2010 Northwestern University School of Law

Hearings, Mark Spottswood

Faculty Working Papers

This article explores a constantly recurring procedural question: When is fact-finding improved by a live hearing, and when would it be better to rely on a written record? Unfortunately, when judges, lawyers, and rulemakers consider this issue, they are led astray by the widely shared—but false—assumption that a judge can best determine issues of credibility by viewing the demeanor of witnesses while they are testifying. In fact, a large body of scientific evidence indicates that judges are more likely to be deceived by lying or mistaken witnesses when observing their testimony in person than if the judges were ...


Crime Music, Bennett Capers 2010 Brooklyn Law School

Crime Music, Bennett Capers

Faculty Scholarship

No abstract provided.


Valuing Intellectual Property: An Experiment, Christopher J. Buccafusco, C. Sprigman 2010 Chicago-Kent College of Law

Valuing Intellectual Property: An Experiment, Christopher J. Buccafusco, C. Sprigman

Christopher J. Buccafusco

In this article we report on the results of an experiment we performed to determine whether transactions in intellectual property (IP) are subject to the valuation anomalies commonly referred to as “endowment effects”. Traditional conceptions of the value of IP rely on assumptions about human rationality derived from classical economics. The law assumes that when people make decisions about buying, selling, and licensing IP they do so with fixed, context-independent preferences. Over the past several decades, this rational actor model of classical economics has come under attack by behavioral data showing that people do not always make strictly rational decisions ...


Welfare As Happiness (With J. Bronsteen & J. Masur), Christopher J. Buccafusco 2010 Chicago-Kent College of Law

Welfare As Happiness (With J. Bronsteen & J. Masur), Christopher J. Buccafusco

Christopher J. Buccafusco

Perhaps the most important goal of law and policy is improving people’s lives. But what constitutes improvement? What is quality of life, and how can it be measured? In previous articles, we have used insights from the new field of hedonic psychology to analyze central questions in civil and criminal justice, and we now apply those insights to a broader inquiry: how can the law make life better? The leading accounts of human welfare in law, economics, and philosophy are preference-satisfaction - getting what one wants - and objective list approaches - possessing an enumerated set of capabilities. This Article argues against ...


Retribution And The Experience Of Punishment, Christopher J. Buccafusco, J. Bronsteen, J. Masur 2010 Chicago-Kent College of Law

Retribution And The Experience Of Punishment, Christopher J. Buccafusco, J. Bronsteen, J. Masur

Christopher J. Buccafusco

In a prior article, we argued that punishment theorists need to take into account the counterintuitive findings from hedonic psychology about how offenders typically experience punishment. Punishment generally involves the imposition of negative experience. The reason that greater fines and prison sentences constitute more severe punishments than lesser ones is, in large part, that they are assumed to impose greater negative experience. Hedonic adaptation reduces that difference in negative experience, thereby undermining efforts to achieve proportionality in punishment. Anyone who values punishing more serious crimes more severely than less serious crimes by an appropriate amount - as virtually everyone does - must ...


Foreword: Why "The Child Witness" Now?, Jules Epstein 2010 Widener Law School, Delaware

Foreword: Why "The Child Witness" Now?, Jules Epstein

Jules Epstein

No abstract provided.


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