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Articles 1 - 30 of 51
Full-Text Articles in Law
Evidence, Marc T. Treadwell
Evidence, Marc T. Treadwell
Mercer Law Review
The survey period saw a number of cases raising significant evidentiary issues. For example, lawyers engaged in civil litigation should be aware of decisions addressing the admissibility of collateral source payments and offers to pay medical bills in tort actions. Also, the court of appeals struggled with the question of whether the forfeiture of a bond posted in response to a traffic citation is admissible in a subsequent civil action as an admission of liability. With regard to criminal law, decisions rendered during the survey period suggest that at least some members of the supreme court will be taking a …
Novel Scientific Evidence After Reese V. Stroh: The Washington Supreme Court's Love Affair With Frye, Robert D. Leinbach
Novel Scientific Evidence After Reese V. Stroh: The Washington Supreme Court's Love Affair With Frye, Robert D. Leinbach
Washington Law Review
In Reese v. Stroh, the Washington Supreme Court upheld the use of the Frye test as a threshold inquiry in civil cases involving novel scientific evidence. By affirming the decision of the court of appeals, but not its reasoning, the Washington Supreme Court side-stepped the court of appeals's argument for adoption of the Daubert standard in civil cases analyzing ER 702. This Note examines the decision in Reese v. Stroh and concludes that the Washington Supreme Court failed to determine clearly the proper analysis of ER 702 in cases involving novel scientific evidence. It further agrees with Justice Johnson's …
Preventing The Discovery Of Plaintiff Genetic Profiles By Defendants Seeking To Limit Damages In Personal Injury Litigation, Mark A. Rothstein
Preventing The Discovery Of Plaintiff Genetic Profiles By Defendants Seeking To Limit Damages In Personal Injury Litigation, Mark A. Rothstein
Indiana Law Journal
No abstract provided.
Should "Clean Hands" Protect The Government Against § 2515 Suppression Under Title Iii Of The Omnibus Crime Control And Safe Streets Act Of 1968?, Francis Marion Hamilton, Iii
Should "Clean Hands" Protect The Government Against § 2515 Suppression Under Title Iii Of The Omnibus Crime Control And Safe Streets Act Of 1968?, Francis Marion Hamilton, Iii
Washington and Lee Law Review
No abstract provided.
Lex, Lies & Videotape, Greg Jones
Lex, Lies & Videotape, Greg Jones
University of Arkansas at Little Rock Law Review
No abstract provided.
Text, Texts, Or Ad Hoc Determinations: Interpretation Of The Federal Rules Of Evidence, Randolph N. Jonakait
Text, Texts, Or Ad Hoc Determinations: Interpretation Of The Federal Rules Of Evidence, Randolph N. Jonakait
Indiana Law Journal
No abstract provided.
"Lies, Damned Lies, And Statistics"? Psychological Syndrome Evidence In The Courtroom After Daubert, Krista L. Duncan
"Lies, Damned Lies, And Statistics"? Psychological Syndrome Evidence In The Courtroom After Daubert, Krista L. Duncan
Indiana Law Journal
No abstract provided.
Washington's Expansion Of The "Plan" Exception After State V. Lough, Jeannie Mayre Mar
Washington's Expansion Of The "Plan" Exception After State V. Lough, Jeannie Mayre Mar
Washington Law Review
In State v. Lough, the Washington Supreme Court ignored strong case law limiting the admission of an accused's prior misconduct under the plan exception to evidence rule 404(b) and upheld the admission of unproved wrongs against the accused. The plan exception to Washington Rule of Evidence 404(b) prohibits using misconduct evidence to show propensity, but admits such evidence if used to establish a defendant's overall design or plan to commit the charged offense. This Note analyzes the Washington Supreme Court decision to uphold admission of a defendant's uncharged misconduct under the plan exception. Moreover, this Note argues that the …
Arizona V. Evans: Carving Out Another Good-Faith Exception To The Exclusionary Rule, Sara Gilbert
Arizona V. Evans: Carving Out Another Good-Faith Exception To The Exclusionary Rule, Sara Gilbert
Mercer Law Review
In Arizona v. Evans, the United States Supreme Court considered whether the exclusionary rule requires suppression of evidence seized incident to an arrest, when the arrest resulted from inaccurate computer data created by court personnel. In January 1991, police arrested Isaac Evans during a routine traffic stop because the patrol car's computer indicated he was the subject of an outstanding misdemeanor warrant. While being handcuffed, Evans dropped a marijuana cigarette. A subsequent search of the vehicle revealed a bag of marijuana hidden under the passenger seat, and Evans was charged with possession. Upon notifying the justice court of the …
The Proposed Amendment To Federal Rule Of Evidence 407: A Subsequent Remedial Measure That Does Not Fix The Problem , Thais L. Richardson
The Proposed Amendment To Federal Rule Of Evidence 407: A Subsequent Remedial Measure That Does Not Fix The Problem , Thais L. Richardson
American University Law Review
No abstract provided.
Accomplices' Confessions And The Confrontation Clause, Welsh S. White
Accomplices' Confessions And The Confrontation Clause, Welsh S. White
William & Mary Bill of Rights Journal
The admissibility of an accomplice's confession against a criminal defendant has long been a subject of concern in Anglo-American law. The Supreme Court has held that accomplices' confessions to the police are presumptively unreliable under the Confrontation Clause, without clearly expressing what facts would lend to the reliability of such statements. However, Professor White argues that in Williamson v. United States, the Court adopted an empirical framework that will make such confessions more likely to be admissible against an accused.
In this Article, Professor White first explores the traditional skepticism towards accomplices' confessions and explains the nature of the current …
Evidence, Marc T. Treadwell
Evidence, Marc T. Treadwell
Mercer Law Review
The publication of this, article marks the tenth time the Mercer Law Review has honored the author by asking him to survey Eleventh Circuit evidence decisions. While some may argue the Review has returned to the same well entirely too many times, ten years of analyzing Eleventh Circuit evidence decisions cannot help but to give some perspective and, perhaps, even some insight into the court's decisions. In this regard, there can be no doubt that the Eleventh Circuit has dramatically reduced its level of scrutiny of evidentiary issues. In the late 1980s, it could be fairly said that the court …
The Repressed Memory Phenomenon: Are Recovered Memories Scientifically Valid Evidence Under Daubert, Cynthia V. Mcalister
The Repressed Memory Phenomenon: Are Recovered Memories Scientifically Valid Evidence Under Daubert, Cynthia V. Mcalister
North Carolina Central Law Review
No abstract provided.
Experts, Judges, And Commentators: The Underlying Debate About An Expert's Underlying Data, Ronald L. Carlson
Experts, Judges, And Commentators: The Underlying Debate About An Expert's Underlying Data, Ronald L. Carlson
Mercer Law Review
Debate concerning the limits of judicial power over expert witnesses remains active and in its early stages. Commentators charting the course of judicial opinions observe that some of the modem regulatory proposals have yet to enlist official adoption. Part of the problem may relate to recognition of questions. Courts will adjudicate critical issues only when they are made aware of them. The burden of calling attention to an expert's flawed bases falls squarely on trial lawyers who must make astute and incisive objections.
In this formative period of legal development important decisions will be made. The future direction of courtroom …
Developing A Coherent Theory Of The Structure Of Federal Rule Of Evidence 703, Edward J. Imwinkelried
Developing A Coherent Theory Of The Structure Of Federal Rule Of Evidence 703, Edward J. Imwinkelried
Mercer Law Review
Some commentators have suggested that the American judicial hearing is becoming trial by expert. As recently as 1974, the Jury Verdict Reporter for Cook County, Illinois, listed only 188 regularly testifying experts? Today, there are more than 3,100-a 1,540 percent increase. In the late 1980s, the Cook County state courts averaged one expert per trial. In some areas, the trend is even more pronounced. In the early 1990s, the Rand Corporation released a study of the use of experts in trials in California courts of general jurisdiction. Expert witnesses appeared in eighty-six percent of the trials studied, an average of …
The Allure Of The Illogic: A Coherent Solution For Rule 703 Requires More Than Redefining "Facts Or Data", Paul R. Rice
The Allure Of The Illogic: A Coherent Solution For Rule 703 Requires More Than Redefining "Facts Or Data", Paul R. Rice
Mercer Law Review
In his article entitled Developing A Coherent Theory of the Structure of Federal Rule of Evidence 703, Professor Imwinkelried proposes a theory for the interpretation of Rule 703. He argues that a restrictive interpretation of the terms "facts or data" in Rule 703 would resolve the conflicts that have plagued that Rule. Professor Imwinkelried's proposal would exclude research data and other background facts from the definition of "facts or data." By his interpretation, when an expert is testifying to an opinion based on facts that have not been proven at the trial the expert witness may only rely on …
Currency Contamination And Drug-Sniffing Canines: Should Any Evidentiary Value Be Attached To A Dog's Alert On Cash?, Andy G. Rickman
Currency Contamination And Drug-Sniffing Canines: Should Any Evidentiary Value Be Attached To A Dog's Alert On Cash?, Andy G. Rickman
Kentucky Law Journal
No abstract provided.
Lessons For The United States: A Greek Cypriot Model For Domestic Violence Law, Joan L. Neisser
Lessons For The United States: A Greek Cypriot Model For Domestic Violence Law, Joan L. Neisser
Michigan Journal of Gender & Law
The purpose of this Article is twofold: to view the problem of domestic violence victims not wishing to testify against their abusers through the lenses of different feminist perspectives; and to use the Greek Cypriot experience as a model to test the value of these theories when developing legal policies addressing this issue.
The Four Greatest Myths About Summary Judgment, James Joseph Duane
The Four Greatest Myths About Summary Judgment, James Joseph Duane
Washington and Lee Law Review
No abstract provided.
The Big Chill: Third-Party Documents And The Reporter's Privilege, Bradley S. Miller
The Big Chill: Third-Party Documents And The Reporter's Privilege, Bradley S. Miller
University of Michigan Journal of Law Reform
In the wake of Philip Morris' multi-billion dollar libel suit against ABC, a Virginia court has sanctioned a new method of discovery that promises to have an unsettling impact on the reporter's privilege to protect confidential sources. In Philip Morris Cos. v. American Broadcasting Cos., the tobacco giant moved to compel disclosure of the identity of a former R.J. Reynolds manager who suggested on ABC's Day One news program that tobacco companies add nicotine to the cigarettes they manufacture. At the same time, Philip Morris issued subpoenas for the expense records of two ABC employees who wrote and produced …
Rule 801(D)(1): Prior Statement By Witness
The Clipper Chip Proposal: Deciphering The Unfounded Fears That Are Wrongfully Derailing Its Implementation, 29 J. Marshall L. Rev. 475 (1996), Howard S. Dakoff
The Clipper Chip Proposal: Deciphering The Unfounded Fears That Are Wrongfully Derailing Its Implementation, 29 J. Marshall L. Rev. 475 (1996), Howard S. Dakoff
UIC Law Review
No abstract provided.
A "Delicate And Difficult Task": Balancing The Competing Interests Of Federal Rule Of Evidence 612, The Work Product Doctrine, And The Attorney-Client Privilege, Daisy Hurst Floyd
A "Delicate And Difficult Task": Balancing The Competing Interests Of Federal Rule Of Evidence 612, The Work Product Doctrine, And The Attorney-Client Privilege, Daisy Hurst Floyd
Buffalo Law Review
No abstract provided.
Arizona V. Evans: Narrowing The Scope Of The Exclusionary Rule, Laura A. Giantris
Arizona V. Evans: Narrowing The Scope Of The Exclusionary Rule, Laura A. Giantris
Maryland Law Review
No abstract provided.
Rule 405: Methods Of Proving Character
Rule 408: Compromise And Offers To Compromise
Rule 412: Sex Offense Cases; Relevance Of Alleged Victim's Past Sexual Behavior Or Alleged Sexual Disposition
Touro Law Review
No abstract provided.