Relative Doubt: Familial Searches Of Dna Databases, 2010 New York University School of Law
Relative Doubt: Familial Searches Of Dna Databases, Erin Murphy
Michigan Law Review
The continued growth of forensic DNA databases has brought about greater interest in a search method known as "familial" or "kinship" matching. Whereas a typical database search seeks the source of a crime-scene stain by making an exact match between a known person and the DNA sample, familial searching instead looks for partial matches in order to find potential relatives of the source. The use of a familial DNA search to identify the alleged "Grim Sleeper" killer in California brought national attention to the method, which has many proponents. In contrast, this Article argues against the practice of familial searching ...
New Pleading, New Discovery, 2010 William & Mary School of Law
New Pleading, New Discovery, Scott Dodson
Michigan Law Review
Pleading in federal court has a new narrative. The old narrative was one of notice, with the goal of broad access to the civil justice system. New Pleading, after the landmark Supreme Court cases of Twombly and Iqbal, is focused on factual sufficiency, with the purpose of screening out meritless cases that otherwise might impose discovery costs on defendants. The problem with New Pleading is that factual insufficiency often is a poor proxy for meritlessness. Some plaintifs lack sufficient factual knowledge of the elements of their claims not because the claims lack merit but because the information they need is ...
Lessons From The Financial Crisis, 2009 University of Tennessee
Lessons From The Financial Crisis, Maurice Stucke
Maurice E Stucke
What lessons can we learn from the financial crisis concerning the issues of systemic risk, firms too big to fail, and the income inequality in the United States today?
In light of the public anger over the financial crisis and bailouts to firms deemed too big to fail, this Essay first addresses the issue of systemic risk posed by mergers generally and those in the financial services industries specifically. The federal government heard concerns in the 1990s about mega-mergers in the financial industry. The Department of Justice, for example, heard concerns that the Citibank-Travelers merger would create an institution too ...
When A Monopolist Deceives, 2009 University of Tennessee
When A Monopolist Deceives, Maurice Stucke
Maurice E Stucke
This essay uses one context - a monopolist’s deceptive advertising or product disparagement - to illustrate how competition authorities and courts should evaluate a monopolist’s deception under the federal antitrust laws. Competition authorities should target a monopolist’s anticompetitive deception, which courts should treat as a prima facie violation of the Sherman Act without requiring a full-blown rule of reason analysis or an arbitrary, multi-factor standard.
Panelist, Developments In Criminal Procedure, 2009 Boston College Law School
Panelist, Developments In Criminal Procedure, R. Michael Cassidy
R. Michael Cassidy
No abstract provided.
Antitrust 2025, 2009 University of Tennessee
Antitrust 2025, Maurice Stucke
Maurice E Stucke
Antitrust policy in the United States has roughly twenty to thirty year cycles. So if past cycles are reliable indicators of future ones, we are at (or approaching) a new antitrust policy cycle, with 2025 being the approximate midpoint.
Any new policy cycle will be defined by three fundamental questions: a. What is competition? b. What are the goals of competition law? c. What should be the legal standards to promote these goals?
Rather than predict the state of antitrust policy in 2025 (such as more or less cartel enforcement), this Essay maps two scenarios based on these three fundamental ...
Orwellian Ramifications: The Contraband Exception To The Fourth Amendment, 2009 Washington and Lee University School of Law
Orwellian Ramifications: The Contraband Exception To The Fourth Amendment, Timothy Macdonnell
Timothy C. MacDonnell
Lawyers And Fundamental Moral Responsibility, 2009 Boston College Law School
Lawyers And Fundamental Moral Responsibility, R. Michael Cassidy, Daniel Coquillette, Judith Mcmorrow
R. Michael Cassidy
The materials in this book are organized around specific problems designed to encourage and focus class discussion. There are two other inherent organizing principles of the materials in this book. First, the philosophical materials are in the rough order in which the ideas themselves evolved in the history of philosophy. The materials have been revised since the book first was published in 1995 to address some of the burning ethical problems of our day, including terrorism, national security, and abuse of government power. The Second Edition also is reorganized to assist students to better appreciate philosophical theories underpinning discourse about ...
Hearings, 2009 Northwestern University
Hearings, Mark Spottswood
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 ...
Will History Be Servitude?: The Nas Report On Forensic Science And The Rule Of The Judiciary, 2009 Duquesne University School of Law
Will History Be Servitude?: The Nas Report On Forensic Science And The Rule Of The Judiciary, Jane Moriarty
Jane Campbell Moriarty
For several decades, the prosecution and its witnesses have maintained that despite little research and virtually no standards, they can match a fingerprint, handwriting, bullet and bullet cartridge, hair, dental imprint, footprint, tire track, or even a lip print to its unique source (collectively, “individualization evidence”). Not only can they match it, they claim, they can do so often without any error rate. In the last few decades, with the help of lawyers and academics, litigants have challenged the underlying reliability of individualization evidence. Scholars in various disciplines have written about the startling state of individualization evidence, including its lack ...
My Doctor Made Me Crazy: Can A Medical Malpractice Plaintiff Allege Psychological Damages Without Making Credibility The Issue?, 2009 Thomas M Cooley Law School
My Doctor Made Me Crazy: Can A Medical Malpractice Plaintiff Allege Psychological Damages Without Making Credibility The Issue?, Brendan T. Beery
Brendan T Beery
This article explores the issue of psychological damages and challenges the pervasive notion among defense lawyers in medical malpractice cases that medical and psychological evidence obtained in discovery can be used to embarrass a medical malpractice plaintiff in front of a jury.
Procedural Adequacy, 2009 University of Georgia School of Law
Procedural Adequacy, Elizabeth Chamblee Burch
Elizabeth Chamblee Burch
This short piece responds to Jay Tidmarsh’s article, Rethinking Adequacy of Representation, 87 Texas Law Review 1137 (2009). I explore Professor Tidmarsh’s proposed “do no harm” approach to adequate representation in class actions from a procedural legitimacy perspective. I begin by considering the assumption underlying his alternative, namely that in any given class action both attorneys and class representatives tend to act as self-interested homo economicus and we must therefore tailor the adequacy requirement to curb self-interest only in so far as it makes class members worse off than they would be with individual litigation. Adopting the “do ...
Régimen De Prisión Preventiva En América Latina: La Pena Anticipada, La Lógica Cautelar Y La Contrarreforma / Pre-Trial Detention Regime In Latin America: The Pre-Trial Punishment, Flight Risk And The Counter Reform, 2009 Universidad Diego Portales
Régimen De Prisión Preventiva En América Latina: La Pena Anticipada, La Lógica Cautelar Y La Contrarreforma / Pre-Trial Detention Regime In Latin America: The Pre-Trial Punishment, Flight Risk And The Counter Reform, Claudio Fuentes Maureira
Claudio Fuentes Maureira
One of the main reasons that justified the criminal procedure reform in Latin America was the possibility to overcome and changed different practices that were very problematic. One of these complex situations was the excessive use of pre-trial detention in the context of criminal investigations; in particular, the abuse of this institution had a dangerous outcome when it comes to the protection of the human rights of the detainees.
From the mid 90’s onwards, most of the Latin American countries started a reform of their criminal institutions and proceedings. A considerable portion of the legal framework was heavily modified ...
Evidentiary Issues In The New York City Housing Court, 2009 Columbia, Fordham & NYU Law Schools
Evidentiary Issues In The New York City Housing Court, Gerald Lebovits
Hon. Gerald Lebovits
Introductory Note For The International Criminal Court.Pdf, 2009 American University Washington College of Law
Introductory Note For The International Criminal Court.Pdf, Susana L. Sacouto
Susana L. SáCouto
Introduction To Panel On Gender Crimes At The International Level Proceedings Of The Third International Humanitarian Law Dialogs.Pdf, 2009 American University Washington College of Law