Law Commons^™

Patient-Psychotherapist Privilege: Acces To Clinical Records In The Tangled Web Of Repressed Memory Litigation, Elizabeth F. Loftus, John R. Paddock, Thomas F. Guernsey

University of Richmond Law Review

The 1990s promise to be an era of mental health litigation whose outcomes that some predict will dwarf the settlements awarded recently in lawsuits over sexual improprieties between psychotherapists and their patients. One expert estimates that over 17,000 claims will be filed in the next decade, with litigation costs in excess of $250 million. These new cases emerged as therapy patients began to accuse fathers and mothers, uncles and grandfathers, former neighbors and teachers, psychotherapists and countless others of sexually abusing them years ago.

State V. Riker, Battered Women Under Duress: The Concept The Washington Supreme Court Could Not Grasp, Ann-Marie Montgomery

Seattle University Law Review

Although some people have the option of going to the police after receiving threats on their lives, this was not the case for Deborah Riker: Deborah is a battered woman. Since age nine, Deborah suffered repeated torture and abuse at the hands of men who were in her life. In 1987, Deborah met Rupert Burke, a man who abused both women and drugs. When Burke threatened both Deborah and her sister, Deborah did what he told her to do: she soldhim cocaine. As a result, Deborah was charged with delivery and possession of cocaine. Deborah's case presented the classic defense …

When The Constable Blunders: A Comparison Of The Law Of Police Interrogation In Canada And The United States, Robert Harvie, Hamar Foster

Seattle University Law Review

This Article explores the Supreme Court of Canada's use of the Charter of Rights and Freedoms in limiting police interrogations and compares its case decisions with cases from the Supreme Court of the United States. Part II of this Article examines the purposes and policies underlying sections 10(b), 7, and 24(2) of the Charter. Part III then examines the application of sections 10(b) and 7 in situations where (1) suspects are interrogated by uniformed police officers or other persons known to be in authority, and (2) suspects are interrogated surreptitiously by persons not known to be in authority. In both …

Chain Of Custody, Paul C. Giannelli

Faculty Publications

No abstract provided.

Therapists' Liability To The Falsely Accused For Inducing Illusory Memories Of Childhood Sexual Abuse - Current Remedies And A Proposed Statute, Joel Jay Finer

Journal of Law and Health

While sexual abuse of children has always been a real and horrific phenomenon (a fact unrecognized until relatively recently), the issue this Article will explore is whether, and under what circumstances, a person wrongly accused has, or should have, one or more causes of action against a therapist for culpably inducing the pseudomemory. To refine and make more rational legal actions by persons falsely accused of childhood sexual molestation (arguably justified under existing legal doctrine), this Article will propose specific legislation authorizing a lawsuit under codified circumstances and conditions.

Evidence: Taylor V. State--Oklahoma Abandons The Frye Test And Forces Its State Court Judges To Enter The Twilight Zone, Paige Queen

Oklahoma Law Review

No abstract provided.

State Of The Art In Montana Products Liability Law, Carl W. Tobias

Law Faculty Publications

The United States District Court for the District of Montana recently certified an important question of products liability law to the Montana Supreme Court. United States Senior District Judge Paul J. Hatfield certified the following question:

In a strict products liability case for injuries caused by an inherently unsafe product, is the manufacturer conclusively presumed to know the dangers inherent in his product, or is stateof- the-art evidence admissible to establish whether the manufacturer knew or through the exercise of reasonable human foresight should have known of the danger?

Because the issue of the admissibility of state-of-the-art evidence in a …

A Comparison And Analysis Of The Federal Rules Of Evidence And New York Evidentiary Law, The Editors

Touro Law Review

No abstract provided.

Rule 407: Subsequent Remedial Measures

Touro Law Review

No abstract provided.

Rule 701: Opinion Testimony By Lay Witnesses

Touro Law Review

No abstract provided.

Rule 803(1): Present Sense Impression

Touro Law Review

No abstract provided.

Rule 803(8)(C): Public Records And Reports

Touro Law Review

No abstract provided.

Branding The Sexual Predator: Constitutional Ramifications Of Federal Rules Of Evidence 413 Through 415, Margaret C. Livnah

Cleveland State Law Review

This Note seeks to address both the potential constitutional consequences of the newly passed Federal Rules of Evidence 413 and 414 and the problems that these revisions were designed to remedy. Section II will introduce the history of the passage of these controversial revisions as primarily a political process and one which bypassed the standard rules of practice. Section III will address the procedural violations and the troubling inconsistency of the new rules with the federal courts' interpretation of the other Federal Rules of Evidence. Section IV of this Note will address the substantive constitutional issues presented by these amendments, …

"Other Accident" Evidence In Product Liability Actions: Highly Probative Or An Accident Waiting To Happen?, Robert A. Sachs

Oklahoma Law Review

No abstract provided.

The Paradox Of The Fresh Complaint Rule, Kathryn M. Stanchi

Scholarly Works

This Article explores the paradox of the fresh complaint rule, evaluates the proposed solutions, and suggests a modified rule as an interim solution. Part II of this Article explores the fresh complaint rule, from its historical roots in the English common law to its evolution in the United States, with special attention to the rationale for the rule, the requirement of freshness, and the standards for the rule's application. Parts III and IV examine the paradox raised by the need for and effectiveness of the rule and its concurrent harmful effects. Part V describes proposed solutions to the paradox and …

The After-Acquired Evidence Rule: The Best Of All Possible Worlds?, Sharona Hoffman

Faculty Publications

No abstract provided.

The Effect Of Expert Testimony On Juror Decision Making In Eyewitness Identification Cases, Pamela J. Sullivan

Theses : Honours

The provision of expert testimony for the defence has been demonstrated to sensitise jurors to the variables that may reduce the reliability of an eyewitness identification (Cutler, Dexter, & Penrod, 1989). However, research examining the variables that reduce identification reliability has revealed conflicting findings (Yuille & Cutshall, 1986). Given this disparity in psychological opinion, a situation may arise where opposing expert testimony for the prosecution and the defence is delivered within the same criminal trial This thesis examined the effect of each form of expert testimony about eyewitness identification issues on the decision of the individual juror. The decision making …

Discovering Who We Are: An English Perspective On The Simpson Trial, William T. Pizzi

Publications

No abstract provided.

Substance And Form In Scientific Evidence: What Daubert Didn't Do, Samuel R. Gross

Book Chapters

On its face, Daubert v. Merrell Dow Pharmaceuticals was about as easy a case as the Supreme Court gets. The plaintiff claimed that their birth defect were caused by the anti-nausea drug Bendectin, which their mothers had used during their gestation. In response to a motion for summary judgment by the defendant, the plaintiff presented affidavits of eight expert witnesses who offered their opinion - based on a variety of studies- that Bendectin was indeed the culprit. The federal district court that heard the motion granted summary judgment to the defendant, and the Ninth Circuit affirmed. Both lower court held …

Substance And Form In Scientific Evidence: What Daubert Didn't Do, Samuel R. Gross

Book Chapters

On its face, Daubert v. Merrell Dow Pharmaceuticals was about as easy a case as the Supreme Court gets. The plaintiffs claimed that their birth defects were caused by the anti-nausea drug Bendectin, which their mothers had used during their gestation. In response to a motion for summary judgment by the defendant, the plaintiffs presented affidavits of eight expert witnesses who offered their opinions - based on a variety of studies - that Bendectin was indeed the culprit. The federal district court that heard the motion granted summary judgment to the defendant, and the Ninth Circuit affirmed. Both lower courts …

Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus

Faculty Publications

No abstract provided.

Admissibility Of Investigatory Reports In § 1983 Civil Rights Actions - A User's Manual, Martin A. Schwartz

Scholarly Works

No abstract provided.

The Risks Of Death: Why Erroneous Convictions Are Common In Capital Cases (Symposium: The New York Death Penalty In Context), Samuel R. Gross

Articles

As the Supreme Court has said, time and again, death is different: It is "different in kind from any other punishment imposed under our system of criminal justice;"1 it "differs more from life imprisonment than a 100-year sentence differs from one of only a year or two;"' 2 and so forth. Traditionally, this observation has justified special procedural protections for capital defendants. Justice Harlan put it nicely nearly forty years ago: "I do not concede that whatever process is 'due' an offender faced with a fine or a prison sentence necessarily satisfies the requirements of the Constitution in a capital …

2. Medical Evidence Of Physical Abuse In Infants And Young Children., Thomas D. Lyon, Elizabeth E. Gilles, Lary Cory

Thomas D. Lyon