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Evidence

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1996

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Articles 31 - 60 of 84

Full-Text Articles in Law

The Big Chill: Third-Party Documents And The Reporter's Privilege, Bradley S. Miller Jan 1996

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 …


Testilying: Police Perjury And What To Do About It, Christopher Slobogin Jan 1996

Testilying: Police Perjury And What To Do About It, Christopher Slobogin

Vanderbilt Law School Faculty Publications

Police, like people generally, lie in all sorts of contexts for all sorts of reasons. This article has focused on police lying designed to convict individuals the police think are guilty. Strong measures are needed to reduce the powerful incentives to practice such testilying and the reluctance of prosecutors and judges to do anything about it. Among them might be the adoption of rewards for truth telling, the redefinition of probable cause, and the elimination of the exclusionary rule and its insidious effect on the resolve of legal actors to implement the commands of the Constitution. Ultimately, however, the various …


Making The Law Safe For Science: A Proposed Rule For The Admission Of Expert Testimony, David L. Faigman Jan 1996

Making The Law Safe For Science: A Proposed Rule For The Admission Of Expert Testimony, David L. Faigman

Faculty Scholarship

No abstract provided.


The Syndromic Lawyer Syndrome: A Psychological Theory Of Evidentiary Munificence, David L. Faigman Jan 1996

The Syndromic Lawyer Syndrome: A Psychological Theory Of Evidentiary Munificence, David L. Faigman

Faculty Scholarship

No abstract provided.


Misconceptions And Reevaluation–Polygraph Admissibility After Rock And Daubert, James R. Mccall Jan 1996

Misconceptions And Reevaluation–Polygraph Admissibility After Rock And Daubert, James R. Mccall

Faculty Scholarship

No abstract provided.


Character Evidence Issues In The O.J. Simpson Case–Or, Rationales Of The Character Evidence Ban, With Illustrations From The Simpson Case, Roger C. Park Jan 1996

Character Evidence Issues In The O.J. Simpson Case–Or, Rationales Of The Character Evidence Ban, With Illustrations From The Simpson Case, Roger C. Park

Faculty Scholarship

No abstract provided.


Experts, Judges, And Commentators: The Underlying Debate About An Expert's Underlying Data, Ronald L. Carlson Jan 1996

Experts, Judges, And Commentators: The Underlying Debate About An Expert's Underlying Data, Ronald L. Carlson

Scholarly Works

Debate concerning the limits of judicial power over expert witnesses remains active and in its early states. Commentators charting the course of judicial opinions observe that some of the modern 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 …


Rule 607: Who May Impeach Jan 1996

Rule 607: Who May Impeach

Touro Law Review

No abstract provided.


Rule 801(D)(1): Prior Statement By Witness Jan 1996

Rule 801(D)(1): Prior Statement By Witness

Touro Law Review

No abstract provided.


The Clipper Chip Proposal: Deciphering The Unfounded Fears That Are Wrongfully Derailing Its Implementation, 29 J. Marshall L. Rev. 475 (1996), Howard S. Dakoff Jan 1996

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 Jan 1996

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 Jan 1996

Arizona V. Evans: Narrowing The Scope Of The Exclusionary Rule, Laura A. Giantris

Maryland Law Review

No abstract provided.


Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller Jan 1996

Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller

Publications

No abstract provided.


That's My Story And I'M Stickin' To It: The Jury As Fifth Business In The Trial Of O.J. Simpson And Other Matters, Marianne Wesson Jan 1996

That's My Story And I'M Stickin' To It: The Jury As Fifth Business In The Trial Of O.J. Simpson And Other Matters, Marianne Wesson

Publications

No abstract provided.


Assessing Evidence, Richard D. Friedman Jan 1996

Assessing Evidence, Richard D. Friedman

Reviews

David A. Schum's Evidential Foundations of Probabilistic Reasoning, 2 C.G.G. Aitken's Statistics and the Evaluation of Evidence for Forensic Scientists,3 and Bernard Robertson and G.A. Vignaux's Interpreting Evidence: Evaluating Forensic Science in the Courtroom4 all have something to tell us about how to use and evaluate evidence. Although the books are addressed to different primary audiences5 and their authors come from a variety of disciplines and from distant points of the English-speaking world,6 all three help draw the connection between underlying theory and presentation in the courtroom. Though Schum uses numerous examples from litigation and discusses the legal literature of …


Rule 405: Methods Of Proving Character Jan 1996

Rule 405: Methods Of Proving Character

Touro Law Review

No abstract provided.


Rule 408: Compromise And Offers To Compromise Jan 1996

Rule 408: Compromise And Offers To Compromise

Touro Law Review

No abstract provided.


Rule 412: Sex Offense Cases; Relevance Of Alleged Victim's Past Sexual Behavior Or Alleged Sexual Disposition Jan 1996

Rule 412: Sex Offense Cases; Relevance Of Alleged Victim's Past Sexual Behavior Or Alleged Sexual Disposition

Touro Law Review

No abstract provided.


Rule 601: General Rule Of Competency Jan 1996

Rule 601: General Rule Of Competency

Touro Law Review

No abstract provided.


Rule 702: Testimony By Experts Jan 1996

Rule 702: Testimony By Experts

Touro Law Review

No abstract provided.


Rule 704: Opinion On Ultimate Issue Jan 1996

Rule 704: Opinion On Ultimate Issue

Touro Law Review

No abstract provided.


Rule 803(3): Then Existing Mental, Emotional, Or Physical Condition Jan 1996

Rule 803(3): Then Existing Mental, Emotional, Or Physical Condition

Touro Law Review

No abstract provided.


Rule 803(4): Statements For Purposes Of Medical Diagnosis Or Treatment Jan 1996

Rule 803(4): Statements For Purposes Of Medical Diagnosis Or Treatment

Touro Law Review

No abstract provided.


Rule 803(18): Learned Treatises Jan 1996

Rule 803(18): Learned Treatises

Touro Law Review

No abstract provided.


Rule 804(B)(1): Former Testimony Jan 1996

Rule 804(B)(1): Former Testimony

Touro Law Review

No abstract provided.


Rule 901: Requirement Of Authentication Or Identification Jan 1996

Rule 901: Requirement Of Authentication Or Identification

Touro Law Review

No abstract provided.


Rule 1001: The "Original Document" Rule Jan 1996

Rule 1001: The "Original Document" Rule

Touro Law Review

No abstract provided.


Admissibility Of Dna Evidence Jan 1996

Admissibility Of Dna Evidence

Touro Law Review

No abstract provided.


What About The Children? Are Family Lawyers The Same (Ethically) As Criminal Lawyers? A Morality Play, Robert H. Aronson Jan 1996

What About The Children? Are Family Lawyers The Same (Ethically) As Criminal Lawyers? A Morality Play, Robert H. Aronson

Articles

A fictional account of a lawyer, representing a woman in a divorce case, who learns from her client that her live-in boyfriend has hit her and her five-year-old daughter. Is her ethical duty to protect the child greater than her responsibility to maintain the attorney-client privilege. She discusses the matter with two evidence professors in search of a solution.


Daubert And The Quest For Value-Free "Scientific Knowledge" In The Courtroom, Alexander Morgan Capron Jan 1996

Daubert And The Quest For Value-Free "Scientific Knowledge" In The Courtroom, Alexander Morgan Capron

University of Richmond Law Review

In a world that grows more technologically complex every day and in which scientific research continually expands both our understanding of, and our questions about, the operation of the natural and man-made world, it is hardly surprising that science should show up with increasing frequency in our court-rooms. Science itself is sometimes at issue, for example, in proceedings on allegations of scientific misconduct or in disputes over the ownership or patentability of technologies. But more frequently, science enters in aid of resolving a case in which a complex question of causation is at issue. To establish or rebut causation, each …