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Articles 1 - 30 of 41
Full-Text Articles in Law
The Proper Role Of After-Acquired Evidence In Employment Discrimination Litigation, Rebecca White, Robert D. Brussack
The Proper Role Of After-Acquired Evidence In Employment Discrimination Litigation, Rebecca White, Robert D. Brussack
Scholarly Works
A new defense to employment discrimination claims has gained acceptance in the lower courts. Employers who allegedly have discriminated against their employees because of race, sex or age are winning judgments on the basis of after-acquired evidence of employee misconduct. The evidence is “after-acquired” in the sense that the misconduct was unknown to the employer at the time the alleged discrimination occurred but was acquired later, often through the use of discovery devices in the employee's discrimination action. Lower courts have accepted the proposition that if the employer would have discharged the plaintiff on the basis of the after-acquired evidence, …
United States V. Salerno: An Examination Of Rule 804(B)(1), Judith M. Mercier
United States V. Salerno: An Examination Of Rule 804(B)(1), Judith M. Mercier
University of Miami Law Review
No abstract provided.
Inadequate Interpreting Services In Courts And The Rules Of Admissibility Of Testimony On Extrajudicial Interpretations, Beth G. Lindie
Inadequate Interpreting Services In Courts And The Rules Of Admissibility Of Testimony On Extrajudicial Interpretations, Beth G. Lindie
University of Miami Law Review
No abstract provided.
Admitting Confessions Of Codefendants: Has Lee V. Illinois Created An Additional Hearsay Exception?, Christine Noworyta
Admitting Confessions Of Codefendants: Has Lee V. Illinois Created An Additional Hearsay Exception?, Christine Noworyta
University of Miami Law Review
No abstract provided.
The Meaning Of "Bad Faith" Under The Exceptions To The Hearsay Rule, Peter F. Valori
The Meaning Of "Bad Faith" Under The Exceptions To The Hearsay Rule, Peter F. Valori
University of Miami Law Review
No abstract provided.
Just The Facts, Ma'am: Lying And The Omission Of Exculpatory Evidence In Police Reports,, Stanley Z. Fisher
Just The Facts, Ma'am: Lying And The Omission Of Exculpatory Evidence In Police Reports,, Stanley Z. Fisher
Faculty Scholarship
George Jones's ordeal was the product of, and in turn sheds light upon, police practices of investigating crimes and writing reports. Written police reports of criminal incidents and arrests give details such as the time, place, and nature of criminal conduct; the names and addresses of victims and witnesses; physical characteristics of the perpetrator(s) or arrestee(s); weapons used; property taken, recovered, or seized from the arrestee; and injuries to persons and property. Through their reports, the police "have fundamental control over the construction of [the] 'facts' for a case, and all other actors (the prosecutor, the judge, the defense lawyer) …
Psychiatric Evidence Of Sexual Assault Victims: The Need For Fundamental Change In The Determination Of Relevance, Sadie Bond
Dalhousie Law Journal
What follows is a discussion of the use of evidence of the complainant's psychiatric history in sexual assault trials. I will argue that the introduction of this evidence is sought mainly for the purpose of discrediting the complainant's testimony, as part of an "attack the victim" strategy. The admissibility of this evidence as relevant is the product of unfounded myths and sex-biased, if not misogynist, views about women. This evidence is rarely, if ever, relevant and its minimal probative value is, in most cases, far outweighed by its potential for exacerbating or perpetuating sex bias in the sexual assault trial. …
White V. Illinois And The "Hearsay Clause" Of The Sixth Amendment, Hansel M. Harlan
White V. Illinois And The "Hearsay Clause" Of The Sixth Amendment, Hansel M. Harlan
Louisiana Law Review
No abstract provided.
Louisiana Code Of Evidence Article 703: Is It A Hidden Exception To The Hearsay Rule?, Laura Owen Wingate
Louisiana Code Of Evidence Article 703: Is It A Hidden Exception To The Hearsay Rule?, Laura Owen Wingate
Louisiana Law Review
No abstract provided.
Procedural Choices In Regulatory Science, Sheila Jasanoff
Procedural Choices In Regulatory Science, Sheila Jasanoff
RISK: Health, Safety & Environment (1990-2002)
This paper compares four approaches to using science in regulatory decision making - one very similar to the Science Court proposal. Professor Jasanoff argues generally that that proposal would be less useful than procedures more sensitive to the distinctive characteristics of regulatory science.
Comparing Similarly Situated People In Disparate Treatment Cases, David G. Karro
Comparing Similarly Situated People In Disparate Treatment Cases, David G. Karro
David G. Karro
I wrote this in 1993 for paralegals and new attorneys who were having trouble understanding the concept of comparing similarly situated people in order to prove motive. Many lawyers and paralegals approach the topic mechanically, without any real conception of what makes a comparison of the treatment of people probative, or not probative, of intentional discrimination. Although fifteen years old as of the time of this writing (2008), I believe the approach remains valid and still has significant pedagogical value for newcomer to the area. The citations are also useful for lawyers under who need a quick way of getting …
The Trial Judge As Gatekeeper For Scientific Evidence: Will Ohio Rule Of Evidence 102 Frustrate The Ohio Courts' Role Under Daubert V. Merrell Dow?, Chris Mcneil
Christopher B. McNeil, J.D., Ph.D.
No abstract provided.
“Junk Science”: The Criminal Cases, Paul C. Giannelli
“Junk Science”: The Criminal Cases, Paul C. Giannelli
Faculty Publications
No abstract provided.
Against The Tyranny Of Paraphrase: Talking Back To Texts , Elizabeth Fajans, Mary R. Falk
Against The Tyranny Of Paraphrase: Talking Back To Texts , Elizabeth Fajans, Mary R. Falk
Cornell Law Review
No abstract provided.
Myself Alone: Individualizing Justice Through Psychological Character Evidence, Andrew E. Taslitz
Myself Alone: Individualizing Justice Through Psychological Character Evidence, Andrew E. Taslitz
Maryland Law Review
No abstract provided.
Employee Misconduct And The Affirmative Defense Of After-Acquired Evidence, Gian Brown
Employee Misconduct And The Affirmative Defense Of After-Acquired Evidence, Gian Brown
Fordham Law Review
No abstract provided.
Much Ado About Nothing - The Supreme Court Still Fails To Solve The General Acceptance Problem Regarding Expert Testimony And Scientific Evidence , Joseph B. Spero
Much Ado About Nothing - The Supreme Court Still Fails To Solve The General Acceptance Problem Regarding Expert Testimony And Scientific Evidence , Joseph B. Spero
Journal of Law and Health
This paper will discuss and analyze the problem of scientific evidence and expert testimony from Frye v. United States to the new grounds for admissibility established by the Supreme Court of the United States in Daubert v. Merrell Dow Pharmaceuticals, Inc. This note will specifically focus on some of the changes made by the courts to the common law rule and follow its transformation to a more liberal standard within the federal court system. The paper will conclude that the courts have not really changed their position on the admissibility of scientific evidence and that their current criteria still are …
Remaking Confrontation Clause And Hearsay Doctrine Under The Challenge Of Child Sexual Abuse Prosecutions, Robert P. Mosteller
Remaking Confrontation Clause And Hearsay Doctrine Under The Challenge Of Child Sexual Abuse Prosecutions, Robert P. Mosteller
Faculty Publications
No abstract provided.
Admissibility Of Expert Testimony On Child Sexual Abuse Accommodation Syndrome In Kentucky, Michele Meyer Mccarthy
Admissibility Of Expert Testimony On Child Sexual Abuse Accommodation Syndrome In Kentucky, Michele Meyer Mccarthy
Kentucky Law Journal
No abstract provided.
Rape Trauma Syndrome & Child Sexual Abuse Syndrome, Paul C. Giannelli
Rape Trauma Syndrome & Child Sexual Abuse Syndrome, Paul C. Giannelli
Faculty Publications
No abstract provided.
Two Sherman Act Section 1 Dilemmas: Parallel Pricing, The Oligopoly Problem, And Contemporary Economic Theory, Jonathan Baker
Two Sherman Act Section 1 Dilemmas: Parallel Pricing, The Oligopoly Problem, And Contemporary Economic Theory, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross
Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Deposing Expert Witnesses In Environmental Litigation, James B. Burns
Deposing Expert Witnesses In Environmental Litigation, James B. Burns
Villanova Environmental Law Journal
No abstract provided.