Model Draft Of A Rule 502(D) Order,
2013
Fordham Law School
Model Draft Of A Rule 502(D) Order, Symposium Participants
Fordham Law Review
No abstract provided.
Evidence Rule 502: The Solution To The Privilege-Protection Puzzle In The Digital Era,
2013
Fordham Law School
Evidence Rule 502: The Solution To The Privilege-Protection Puzzle In The Digital Era, John M. Barkett
Fordham Law Review
No abstract provided.
Enter The Order, Protect The Privilege: Considerations For Courts Entering Protective Orders Under Federal Rule Of Evidence 502(D),
2013
Fordham Law School
Enter The Order, Protect The Privilege: Considerations For Courts Entering Protective Orders Under Federal Rule Of Evidence 502(D), Edwin M. Buffmire
Fordham Law Review
No abstract provided.
The Rulemakers’ Laments,
2013
Fordham Law School
Is It Safe? The Need For State Ethical Rules To Keep Pace With Technological Advances,
2013
Fordham Law School
Is It Safe? The Need For State Ethical Rules To Keep Pace With Technological Advances, Ann M. Murphy
Fordham Law Review
No abstract provided.
Making Horses Drink: Conceptual Change Theory And Federal Rule Of Evidence 502,
2013
University of Oklahoma College of Law
Making Horses Drink: Conceptual Change Theory And Federal Rule Of Evidence 502, Liesa L. Richter
Fordham Law Review
No abstract provided.
The 2012 Amendments To Singapore's Evidence Act: More Questions Than Answers As Regards Expert Opionion Evidence?,
2013
Singapore Management University
The 2012 Amendments To Singapore's Evidence Act: More Questions Than Answers As Regards Expert Opionion Evidence?, Siyuan Chen
Research Collection Yong Pung How School Of Law
Singapore amended the expert opinion evidence provisions in its Evidence Act (EA) in 2012. The criteria for admissibility have been broadened, but the courts are now also expressly given the discretion to exclude relevant expert opinion evidence if it is ‘in the interests of justice’. This article explains why the 2012 amendments have raised more questions than answered them. First, Parliament did not appear to have properly appreciated the distinction—as conceptualised by the EA—between legal and logical relevance and relevance and admissibility. Second, it did not appear to have appreciated the distinction between general and specific relevance. Third, the introduction …
Panel Discussion: Reinvigorating Rule 502,
2013
University of Oklahoma College of Law
Panel Discussion: Reinvigorating Rule 502, Liesa L. Richter
Liesa L. Richter
No abstract provided.
Making Horses Drink: Conceptual Change Theory And Federal Rule Of Evidence 502,
2013
University of Oklahoma College of Law
Making Horses Drink: Conceptual Change Theory And Federal Rule Of Evidence 502, Liesa L. Richter
Liesa L. Richter
No abstract provided.
Crawford, Confrontation And Mental States,
2013
Case Western Reserve University School of Law
Crawford, Confrontation And Mental States, Kevin C. Mcmunigal
Kevin C. McMunigal
This essay seeks to explain and help remedy the confusion generated by Crawford v. Washington, the landmark Supreme Court confrontation clause case. Many have taken the Crawford line of cases, the most recent of which came down this past June, to task for lack of clarity and coherence. My thesis is that the primary source of the Crawford cases’ ambiguity is their poor handling of four key mental state questions. I argue that clearer treatment of these is the way out of the current morass. I use criminal law’s treatment of mental state as a foil against which to compare …
Comments On Maryland V. King In 'U.S. Supreme Court To Hear Arguments Over Md. Dna Case: Justices' Decision Will Have National Implications On Future Crime-Fighting Procedures',
2013
University of Baltimore School of Law
Comments On Maryland V. King In 'U.S. Supreme Court To Hear Arguments Over Md. Dna Case: Justices' Decision Will Have National Implications On Future Crime-Fighting Procedures', Colin Starger
All Faculty Scholarship
No abstract provided.
Defying Dna: Rethinking The Role Of The Jury In An Age Of Scientific Proof Of Innocence,
2013
Berkeley Law
Defying Dna: Rethinking The Role Of The Jury In An Age Of Scientific Proof Of Innocence, Andrea L. Roth
Andrea L Roth
In 1946, public outrage erupted after a jury ordered Charlie Chaplin to support a child who, according to apparently definitive blood tests, was not his. Half a century later, juries have again defied apparently definitive evidence of innocence, finding criminal defendants guilty based on a confession or eyewitness notwithstanding exculpatory DNA test results. One might expect judges in such cases to direct an acquittal, on grounds that the evidence is legally insufficient because no rational juror could find guilt beyond a reasonable doubt. Yet few if any do. Instead, courts defer to juries when they form an actual belief in …
Cipa V. State Secrets: How A Few Mistakes Confused Two Important National Security Privileges,
2013
SelectedWorks
Cipa V. State Secrets: How A Few Mistakes Confused Two Important National Security Privileges, Elisa Poteat
Elisa Poteat
No abstract provided.
Amending For Justice’S Sake: Codified Disclosure Rule Needed To Provide Guidance To Prosecutor’S Duty To Disclose,
2013
University of Florida Levin College of Law
Amending For Justice’S Sake: Codified Disclosure Rule Needed To Provide Guidance To Prosecutor’S Duty To Disclose, Nathan A. Frazier
Florida Law Review
"I wouldn’t wish what I am going through on anyone," Senator Ted Stevens commented after losing his seat in the United States Senate on November 18, 2008. Senator Stevens lost the race largely because a criminal conviction damaged his reputation. After Senator Stevens endured months of contentious litigation, the jury convicted the longest serving Republican senator in United States history on seven felony counts of ethics violations. Six months later, the presiding judge, the Honorable Emmet Sullivan, vacated the conviction at the request of Attorney General Eric Holder because of blatant failures to disclose exculpatory evidence. Senator Stevens brings a …
The White Interest In School Integration,
2013
Loyola University New Orleans College of Law
The White Interest In School Integration, Robert A. Garda Jr.
Florida Law Review
Discussions concerning desegregation, affirmative action, and voluntary integration focus primarily, if not exclusively, on whether such policies harm or benefit minorities. Scant attention is paid to the benefits whites receive in multiracial schools, despite white interests underpinning more than thirty years of Supreme Court integration jurisprudence. In this Article, I explore the academic and social benefits whites receive in multiracial schools, and I do so from a white parent’s perspective. The Article begins by describing the interest-convergence theory and how white interests explain the course and content of the Supreme Court’s desegregation and affirmative action jurisprudence. Multiracial schools will not …
Comment On The Proposed Amendment To Evidence Rule 801(D)(1)(B),
2013
University of Oklahoma College of Law
Comment On The Proposed Amendment To Evidence Rule 801(D)(1)(B), Liesa L. Richter
Liesa L. Richter
No abstract provided.
Drug Use And The Exclusionary Manque,
2013
Pepperdine University
Drug Use And The Exclusionary Manque, Jerome A. Busch
Pepperdine Law Review
No abstract provided.
United States V. Salvucci: The Problematic Absence Of Automatic Standing,
2013
Pepperdine University
United States V. Salvucci: The Problematic Absence Of Automatic Standing, William C. Bollard
Pepperdine Law Review
The United States Supreme Court recently abolished the automatic standing rule in United States v. Salvucci. The author analyzes the difficulties created for the criminal defendant charged with a possessory crime. In particular, this note focuses on the inequitable position the defendant is placed in when his suppression hearing testimony is used as a tool to impeach subsequent testimony offered at trial. The author continues by pointing out that the "prosecutorial self-contradiction," sought to be abolished in Salvucci, remains a part of our present judicial system. In conclusion, the author offers several considerations that will necessarily be an integral part …
New York V. Belton: The Scope Of Warrantless Searches Extended,
2013
Pepperdine University
New York V. Belton: The Scope Of Warrantless Searches Extended, Glenn D. Forcucci
Pepperdine Law Review
The United States Supreme Court, in New York v. Belton, expanded the area in which a policeman may search after he has made a lawful custodial arrest. In so ruling, the Supreme Court dramatically departed from its previous holding in Chimel v. California. While Chimel limited the area of the search to the area "within the immediate control of the arrestee," Belton allowed a search outside of that established boundary, as the Supreme Court allowed the search to include the passenger compartment of an automobile which the arrestee had not occupied.
Admissibility Of Illegally Seized Evidence In Civil Cases: Could This Be The Path Out Of The Labyrinth Of The Exclusionary Rule?,
2013
Pepperdine University
Admissibility Of Illegally Seized Evidence In Civil Cases: Could This Be The Path Out Of The Labyrinth Of The Exclusionary Rule?, Richard J. Hanscom
Pepperdine Law Review
The use of the exclusionary rule in criminal cases has been the subject of extensive debate since its inception. Although most efforts to modify the rule have been deemed unworkable, the author proposes a modification that is both workable and sensible. Modification would be accomplished by legislation which admits the results of illegal searches by law enforcement officers who acted in good faith, and, at the same time, provide fixed monetary sanctions against the governmental agencies whose officers conducted the search. The author proposes a good faith balancing test to determine evidence admissibility and administrative type proceedings to determine monetary …
