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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
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
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
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
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
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
Faculty Scholarship
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
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 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.
Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller
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
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
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
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.
Rule 601: General Rule Of Competency
Rule 702: Testimony By Experts
Rule 704: Opinion On Ultimate Issue
Rule 803(3): Then Existing Mental, Emotional, Or Physical Condition
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
Rule 803(4): Statements For Purposes Of Medical Diagnosis Or Treatment
Touro Law Review
No abstract provided.
Rule 803(18): Learned Treatises
Rule 804(B)(1): Former Testimony
Rule 901: Requirement Of Authentication Or Identification
Rule 901: Requirement Of Authentication Or Identification
Touro Law Review
No abstract provided.
Rule 1001: The "Original Document" Rule
What About The Children? Are Family Lawyers The Same (Ethically) As Criminal Lawyers? A Morality Play, Robert H. Aronson
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
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 …