Tell Us A Story, But Don't Make It A Good One: Resolving The Confusion Regarding Emotional Stories And Federal Rule Of Evidence 403, 2014 Barry University
Tell Us A Story, But Don't Make It A Good One: Resolving The Confusion Regarding Emotional Stories And Federal Rule Of Evidence 403, Cathren Page
Cathren Page
Abstract: Tell Us a Story, But Don’t Make It A Good One: Resolving the Confusion Regarding Emotional Stories and Federal Rule of Evidence 403 by Cathren Koehlert-Page Courts need to reword their opinions regarding Rule 403 to address the tension between the advice to tell an emotionally evocative story at trial and the notion that evidence can be excluded if it is too emotional. In the murder mystery Mystic River, Dave Boyle is kidnapped in the beginning. The audience feels empathy for Dave who as an adult becomes one of the main suspects in the murder of his friend Jimmy’s …
How To Avoid The Death Of Your Case By Two Billion Paper Cuts: Encouraging Arbitration As An Alternative Way To Resolve Costly Discovery Disputes, 2014 Pepperdine University
How To Avoid The Death Of Your Case By Two Billion Paper Cuts: Encouraging Arbitration As An Alternative Way To Resolve Costly Discovery Disputes, Tzipora Goodfriend-Gelernter
Pepperdine Dispute Resolution Law Journal
This article analyzes the costly effect of electronic information on discovery practice and advocates for the arbitration of discovery disputes. Part II discusses the background of electronic discovery, the evolution of our reliance on ESI (electronically stored information) as part of our modern day discovery practice, and the benefits and detriments of electronic discovery. Part III discusses the effects of our reliance on electronic discovery and the implications of those effects on litigating parties. It examines how the increasingly computer-based world of discovery has increased the cost of litigation disputes significantly and proposes using the patent arbitration model as a …
Toward A Child-Centered Approach To Evaluating Claims Of Alienation In High-Conflict Custody Disputes, 2014 University of Michigan Law School
Toward A Child-Centered Approach To Evaluating Claims Of Alienation In High-Conflict Custody Disputes, Allison M. Nichols
Michigan Law Review
Theories of parental alienation abound in high-conflict custody cases. The image of one parent brainwashing a child against the other parent fits with what we think we know about family dynamics during divorce. The concept of a diagnosable “Parental Alienation Syndrome” (“PAS”) developed as an attempt to explain this phenomenon, but it has been widely discredited by mental health professionals and thus fails the standard for evidentiary admissibility. Nevertheless, PAS and related theories continue to influence the decisions of family courts, and even in jurisdictions that explicitly reject such theories, judges still face the daunting task of resolving these volatile …
Seeking Consistency For Prior Consistent Statements: Amending Federal Rule Of Evidence 801(D)(1)(B), 2014 University of Oklahoma College of Law
Seeking Consistency For Prior Consistent Statements: Amending Federal Rule Of Evidence 801(D)(1)(B), Liesa L. Richter
Liesa L. Richter
The Advisory Committee for the Federal Rules of Evidence was hard at work in 2013 trying to bring resolution to a mystery that has plagued Rule 801(d)(1)(B) since its enactment thirty-eight years ago. Scholars, judges, and litigants have long pondered why the drafters of Rule 801(d)(1)(B) carved out a hearsay exemption for prior consistent statements admitted to repair impeaching attacks on witness motivations, but failed to extend the same treatment to other similarly situated prior consistencies admitted to repair other types of impeaching attacks. In May 2013, the Advisory Committee proposed an amendment to Rule 801(d)(1)(B) in an effort to …
33. Disclosing Adult Wrongdoing: Maltreated And Non-Maltreated Children’S Expectations And Preferences., 2014 Florida International University, Miami
33. Disclosing Adult Wrongdoing: Maltreated And Non-Maltreated Children’S Expectations And Preferences., Lindsay C. Malloy, Jodi A. Quas, Thomas D. Lyon, Elizabeth C. Ahern
Thomas D. Lyon
Redesigning The Science Court, 2014 University of Maryland Francis King Carey School of Law
Redesigning The Science Court, Justin Sevier
Maryland Law Review
No abstract provided.
Understanding And Contextualizing Precedents In E-Discovery: The Illusion Of Stare Decisis And Best Practices To Avoid Reliance On Outdated Guidance, 2014 University of Richmond
Understanding And Contextualizing Precedents In E-Discovery: The Illusion Of Stare Decisis And Best Practices To Avoid Reliance On Outdated Guidance, Jonathan M. Redgrave, Keltie Hays Peay, Mathea K.E. Bulander
Richmond Journal of Law & Technology
But as precedents survive like the clavicle in the cat, long after the use they once served is at an end, and the reason for them has been forgotten, the result of following them must often be failure and confusion from the merely logical point of view.
"Testilying" In Family Court, 2014 Pacific McGeorge School of Law
"Testilying" In Family Court, John E.B. Myers
McGeorge School of Law Scholarly Articles
No abstract provided.
The Expanding Use Of Genetic And Psychological Evidence: Finding Coherence In The Criminal Law?, 2014 Pacific McGeorge School of Law
The Expanding Use Of Genetic And Psychological Evidence: Finding Coherence In The Criminal Law?, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
Proving Toxic Harm: Getting Past Slice And Dice Tactics, 2014 Hobson & Bradley
Proving Toxic Harm: Getting Past Slice And Dice Tactics, Andrew S. Lipton
McGeorge Law Review
No abstract provided.
Chapter 623: Giving The Wrongfully Convicted A Better Chance At Review, 2014 Pacific McGeorge School of Law
Chapter 623: Giving The Wrongfully Convicted A Better Chance At Review, Natasha Machado
McGeorge Law Review
No abstract provided.
“Testilying” In Family Court, 2014 Pacific McGeorge School of Law
“Testilying” In Family Court, John E.B. Myers
McGeorge Law Review
No abstract provided.
Sweet Caroline: The Backslide From Federal Rule Of Evidence 613(B) To The Rule In Queen Caroline's Case, 2014 University of Memphis Cecil C. Humphreys School of Law
Sweet Caroline: The Backslide From Federal Rule Of Evidence 613(B) To The Rule In Queen Caroline's Case, Katharine T. Schaffzin
University of Michigan Journal of Law Reform
Since 1975, Rule 613(b) of the Federal Rules of Evidence has governed the admission of extrinsic evidence of a prior inconsistent statement in federal court. Rule 613(b) requires the proponent of the prior inconsistent statement to provide the declarant an opportunity to explain or deny it. There is no requirement that the proponent provide that opportunity at any particular time or in any particular sequence. Rule 613 reflected a change from the common law that had fallen out of fashion in the federal courts. That common law rule, known as the Rule in Queen Caroline’s Case, required the proponent of …
Cipa Creep: The Classified Information Procedures Act And Its Drift Into Civil National Security Litigation, 2014 Columbia Law School
Cipa Creep: The Classified Information Procedures Act And Its Drift Into Civil National Security Litigation, Ian Macdougall
National Security Law Program
This Note documents an incipient trend in the courts and Congress, which I call "CIPA creep," and investigates its implications for civil national security litigation. CIPA – the Classified Information Procedures Act – governs the use of classified information in federal criminal cases. No comparable statute exists in the civil context, where the judge-made state secrets privilege determines whether litigants may use sensitive government information. The prevailing scholarly and popular accounts hold that this privilege, in the tense post-9/11 security environment, transformed from a narrow evidentiary rule into a non-justiciability doctrine that cedes to executive branch officials the power to …
Evidence Of Lies And Rules Of Evidence: The Admissibility Of Fmri-Based Expert Opinion Of Witness Truthfulness, 2014 Campbell University School of Law
Evidence Of Lies And Rules Of Evidence: The Admissibility Of Fmri-Based Expert Opinion Of Witness Truthfulness, William A. Woodruff
Scholarly Works
No abstract provided.
Trial By Google: Judicial Notice In The Information Age, 2014 American University Washington College of Law
Trial By Google: Judicial Notice In The Information Age, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
This Article presents a theory of judicial notice for the information age. It argues that the ease of accessing factual data on the Internet allows judges and litigants to expand the use of judicial notice in ways that raise significant concerns about admissibility, reliability, and fair process. State and federal courts are already applying the surprisingly pliant judicial notice rules to bring websites ranging from Google Maps to Wikipedia into the courtroom, and these decisions will only increase in frequency in coming years. This rapidly emerging judicial phenomenon is notable for its ad hoc and conclusory nature – attributes that …
A Primer On The Use Of Dangerous Trial Exhibits, 2014 Nova Southeastern University - Shepard Broad College of Law
A Primer On The Use Of Dangerous Trial Exhibits, Robert M. Jarvis
Faculty Scholarship
It sometimes is necessary at trial to introduce a dangerous exhibit-such as a bomb, gun, or knife-to bolster a client's story, discredit an opposing witness, or give the jury a clearer picture of the underlying events. Doing so, however, requires care and planning. Not only do many courts have specific rules regarding how such exhibits are to be noticed, handled, and displayed, but there are also numerous practical and tactical considerations that must be weighed. In this Article, the author presents the first comprehensive discussion regarding dangerous trial exhibits and offers suggestions for their successful use.
Lost In Translation: Statistical Inference In Court, 2014 Wayne State University
Lost In Translation: Statistical Inference In Court, Erica Beecher-Monas
Law Faculty Research Publications
No abstract provided.
A Canada Evidence Code Should Replace The Canada Evidence Act, 2014 Law Society of Upper Canada
A Canada Evidence Code Should Replace The Canada Evidence Act, Ken Chasse Mr.
Ken Chasse Mr.
The need for codification of the law of evidence in Canada, and the failed effort to enact an Evidence Code. A detailed description of the national consultation process and its results is provided.
Forensic Science(S) In The Courtroom: Symposium, 2014 Widener Law School, Delaware
Forensic Science(S) In The Courtroom: Symposium, Joseph R. Slights, Jules Epstein, Lisa M. Schwind, Gerard Spadaccini, Anjali A. Ranadive
Jules Epstein
No abstract provided.