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Evidence

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2005

Institution
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Articles 31 - 40 of 40

Full-Text Articles in Law

Groh V. Ramirez: Strengthening The Fourth Amendment Particularity Requirement, Weakening Qualified Immunity, C. Brandon Rash Jan 2005

Groh V. Ramirez: Strengthening The Fourth Amendment Particularity Requirement, Weakening Qualified Immunity, C. Brandon Rash

University of Richmond Law Review

No abstract provided.


An Evidentiary Paradox: Defending The Character Evidence Prohibition By Upholding A Non-Character Theory Of Logical Relevance, The Doctrine Of Chances, Edward J. Imwinkelried Jan 2005

An Evidentiary Paradox: Defending The Character Evidence Prohibition By Upholding A Non-Character Theory Of Logical Relevance, The Doctrine Of Chances, Edward J. Imwinkelried

University of Richmond Law Review

No abstract provided.


Spoliation Of Evidence: Why This Evidentiary Concept Should Not Be Transformed Into Separate Causes Of Action, Jason B. Hendren Jan 2005

Spoliation Of Evidence: Why This Evidentiary Concept Should Not Be Transformed Into Separate Causes Of Action, Jason B. Hendren

University of Arkansas at Little Rock Law Review

No abstract provided.


Is Poetry A War Crime? Reckoning For Radovan Karadzic The Poet-Warrior, Jay Surdukowski Jan 2005

Is Poetry A War Crime? Reckoning For Radovan Karadzic The Poet-Warrior, Jay Surdukowski

Michigan Journal of International Law

This Note will suggest that the Office of the Prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY) can use Karadzic's texts and affectations to warrior poetry in the pretrial brief and in admitted evidence, if and when Karadzic ultimately appears for trial. The violent nationalism of radio broadcasts, political journals, speeches, interviews, and manifestos have been fair game for the Office of the Prosecutor to make their cases in the last decade in both the Yugoslavia and Rwanda Tribunals. Why should poetry, perhaps the most powerful maker of myth and in the Yugoslavia context, a great mover …


An Importer's Election: Whether To Invoke Attorney Advice In Defense Or To Preserve Privilege, 39 J. Marshall L. Rev. 17 (2005), Patricia M. Mccarthy Jan 2005

An Importer's Election: Whether To Invoke Attorney Advice In Defense Or To Preserve Privilege, 39 J. Marshall L. Rev. 17 (2005), Patricia M. Mccarthy

UIC Law Review

No abstract provided.


Outdated Form Of Evidentiary Law: A Survey Of Dead Man's Statutes And A Proposal For Change, Ed Wallis Jan 2005

Outdated Form Of Evidentiary Law: A Survey Of Dead Man's Statutes And A Proposal For Change, Ed Wallis

Cleveland State Law Review

In order to understand why Dead Man's statutes should be amended by state legislatures, it is important to look at the historical context of Dead Man's statutes and how they have been handled, interpreted and applied in different states. Consequently, Part II of this paper presents an historical outline of Dead Man's statutes; Part III surveys nine states that currently have a common law Dead Man's statute; Part IV analyzes the weaknesses behind the Dead Man's statute; Part V presents three separate alternatives that states should consider adopting in lieu of their current Dead Man's statutes. Finally, part VI concludes …


Removing The Roadblocks To Successful Domestic Violence Prosecutions: Prosecutorial Use Of Expert Testimony On The Battered Woman Syndrome In Ohio, Matthew P. Hawes Jan 2005

Removing The Roadblocks To Successful Domestic Violence Prosecutions: Prosecutorial Use Of Expert Testimony On The Battered Woman Syndrome In Ohio, Matthew P. Hawes

Cleveland State Law Review

This note contends that Ohio should join the modern trend and allow expert testimony on the battered woman syndrome in a limited form in domestic violence prosecutions. Part II of this note explores the syndrome and its origins. Part III provides background on the evidentiary uses of the syndrome in Ohio. It discusses the emergence of the battered woman syndrome in Ohio courts, and then examines the unsuccessful initial attempts by prosecutors in Ohio to use expert testimony on the syndrome.Part IV looks at how several jurisdictions outside of Ohio have addressed this issue. Part V presents the argument that …


A Jurisprudence Of Doubt: Missouri V. Seibert, United States V. Patane, And The Supreme Court's Continued Confusion About The Constitutional Status Of Miranda, Johnathan L. Rogers Jan 2005

A Jurisprudence Of Doubt: Missouri V. Seibert, United States V. Patane, And The Supreme Court's Continued Confusion About The Constitutional Status Of Miranda, Johnathan L. Rogers

Oklahoma Law Review

No abstract provided.


Testimonial Or Nontestimonial? The Admissibility Of Forensic Evidence After Crawford V. Washington, John M. Spires Jan 2005

Testimonial Or Nontestimonial? The Admissibility Of Forensic Evidence After Crawford V. Washington, John M. Spires

Kentucky Law Journal

No abstract provided.


Apology Within A Moral Dialectic: A Reply To Professor Robbennolt, Lee Taft Jan 2005

Apology Within A Moral Dialectic: A Reply To Professor Robbennolt, Lee Taft

Michigan Law Review

Over the last several years, much has been written about the role of apology in facilitating the resolution of legal disputes. Within this body of work a debate has developed among legal scholars, practitioners, and legislators. Under traditional rules of evidence an apology which acknowledged fault would enter evidence as an admission against interest. Now there is a movement to legislatively "protect" apologies from the effects of the traditional rule in order to facilitate apology without evidentiary encumbrance. Scholars who have argued in favor of the relaxation of the traditional rule have largely relied on anecdotal evidence to support their …