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Full-Text Articles in Law
Brain Scans As Evidence: Truths, Proofs, Lies, And Lessons, Owen D. Jones, Francis X. Shen
Brain Scans As Evidence: Truths, Proofs, Lies, And Lessons, Owen D. Jones, Francis X. Shen
Owen Jones
This contribution to the Brain Sciences in the Courtroom Symposium identifies and discusses issues important to admissibility determinations when courts confront brain-scan evidence. Through the vehicle of the landmark 2010 federal criminal trial U.S. v. Semrau (which considered, for the first time, the admissibility of brain scans for lie detection purposes) this article highlights critical evidentiary issues involving: 1) experimental design; 2) ecological and external validity; 3) subject compliance with researcher instructions; 4) false positives; and 5) drawing inferences about individuals from group data. The article’s lessons are broadly applicable to the new wave of neurolaw cases now being seen …
Bill Cosby, The Lustful Disposition Exception, And The Doctrine Of Chances, Wesley Oliver
Bill Cosby, The Lustful Disposition Exception, And The Doctrine Of Chances, Wesley Oliver
Wesley M Oliver
Every Juror Wants A Story: Narrative Relevance, Third Party Guilt And The Right To Present A Defense, John H. Blume, Sheri L. Johnson, Emily C. Paavola
Every Juror Wants A Story: Narrative Relevance, Third Party Guilt And The Right To Present A Defense, John H. Blume, Sheri L. Johnson, Emily C. Paavola
Sheri Lynn Johnson
On occasion, criminal defendants hope to convince a jury that the state has not met its burden of proving them guilty beyond a reasonable doubt by offering evidence that someone else (a third party) committed the crime. Currently, state and federal courts assess the admissibility of evidence of third-party guilt using a variety of standards. In general, however, there are two basic approaches. Many state courts require a defendant to proffer evidence of some sort of direct link or connection between a specific third-party and the crime. A second group of state courts, as well as federal courts, admit evidence …
Every Juror Wants A Story: Narrative Relevance, Third Party Guilt And The Right To Present A Defense, John H. Blume, Sheri L. Johnson, Emily C. Paavola
Every Juror Wants A Story: Narrative Relevance, Third Party Guilt And The Right To Present A Defense, John H. Blume, Sheri L. Johnson, Emily C. Paavola
John H. Blume
On occasion, criminal defendants hope to convince a jury that the state has not met its burden of proving them guilty beyond a reasonable doubt by offering evidence that someone else (a third party) committed the crime. Currently, state and federal courts assess the admissibility of evidence of third-party guilt using a variety of standards. In general, however, there are two basic approaches. Many state courts require a defendant to proffer evidence of some sort of direct link or connection between a specific third-party and the crime. A second group of state courts, as well as federal courts, admit evidence …
Beyond Resqnet: Clarifying The Standard For The Use Of Patent Settlements, Tejas N. Narechania, Jackson Taylor Kirklin
Beyond Resqnet: Clarifying The Standard For The Use Of Patent Settlements, Tejas N. Narechania, Jackson Taylor Kirklin
Tejas N. Narechania
Schultz V. Akzo Nobel Paints: “The Rest Of The Story” Reveals Limited Impact Of Expert Testimony Decision, Richard O. Faulk
Schultz V. Akzo Nobel Paints: “The Rest Of The Story” Reveals Limited Impact Of Expert Testimony Decision, Richard O. Faulk
Richard Faulk
Certainly, a number of lawyers from both sides of the bar believe that the Schultz decision is important. A review of the record in Schultz, however, reveals a relatively easy explanation for the decision—one that undermines its value as precedent. To understand why this is so, we must go back to the district court’s decision to grant Akzo Nobel’s motion for summary judgment and, with apologies to Paul Harvey, appreciate the “rest of the story.”
Analysis Of Videotape Evidence In Police Misconduct Cases, Martin A. Schwartz, Jessica Silbey, Jack Ryan, Gail Donoghue
Analysis Of Videotape Evidence In Police Misconduct Cases, Martin A. Schwartz, Jessica Silbey, Jack Ryan, Gail Donoghue
Martin A. Schwartz
No abstract provided.
Uprooting The Cell-Plant: Comparing United States And Canadian Constitutional Approaches To Surreptitious Interrogations In The Detention Context, Amar Khoday
Dr. Amar Khoday
No abstract provided.
An Unsettling Development: The Use Of Settlement Related Evidence For Damages Determinations In Patent Litigation, Tejas N. Narechania, J. Taylor Kirklin
An Unsettling Development: The Use Of Settlement Related Evidence For Damages Determinations In Patent Litigation, Tejas N. Narechania, J. Taylor Kirklin
Tejas N. Narechania
Wild Dreamers: Meditation On The Admissibility Of Dream Talk, Louise Harmon
Wild Dreamers: Meditation On The Admissibility Of Dream Talk, Louise Harmon
Louise Harmon
No abstract provided.
Testing The Admissibility Of Trademark Surveys After Daubert, Artemio Rivera
Testing The Admissibility Of Trademark Surveys After Daubert, Artemio Rivera
Artemio Rivera
To be admissible, a survey must apply the principles of survey research to the target population in a reliable manner, and base its results upon sufficient interviews and responses. These requirements make clear that the existence of flaws in a survey is not simply a matter of weight to be resolved by the fact finder, but an issue of admissibility that must be determined by the courts as part of their gate keeping duties.