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Evidence

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2013

Fordham Law School

Articles 1 - 8 of 8

Full-Text Articles in Law

Panel Discussion: Reinvigorating Rule 502, Panel Discussion Mar 2013

Panel Discussion: Reinvigorating Rule 502, Panel Discussion

Fordham Law Review

No abstract provided.


Model Draft Of A Rule 502(D) Order, Symposium Participants Mar 2013

Model Draft Of A Rule 502(D) Order, Symposium Participants

Fordham Law Review

No abstract provided.


Evidence Rule 502: The Solution To The Privilege-Protection Puzzle In The Digital Era, John M. Barkett Mar 2013

Evidence Rule 502: The Solution To The Privilege-Protection Puzzle In The Digital Era, John M. Barkett

Fordham Law Review

No abstract provided.


Enter The Order, Protect The Privilege: Considerations For Courts Entering Protective Orders Under Federal Rule Of Evidence 502(D), Edwin M. Buffmire Mar 2013

Enter The Order, Protect The Privilege: Considerations For Courts Entering Protective Orders Under Federal Rule Of Evidence 502(D), Edwin M. Buffmire

Fordham Law Review

No abstract provided.


The Rulemakers’ Laments, Richard Marcus Mar 2013

The Rulemakers’ Laments, Richard Marcus

Fordham Law Review

No abstract provided.


Is It Safe? The Need For State Ethical Rules To Keep Pace With Technological Advances, Ann M. Murphy Mar 2013

Is It Safe? The Need For State Ethical Rules To Keep Pace With Technological Advances, Ann M. Murphy

Fordham Law Review

No abstract provided.


Making Horses Drink: Conceptual Change Theory And Federal Rule Of Evidence 502, Liesa L. Richter Mar 2013

Making Horses Drink: Conceptual Change Theory And Federal Rule Of Evidence 502, Liesa L. Richter

Fordham Law Review

No abstract provided.


Shields, Swords, And Fulfilling The Exclusionary Rule's Deterrent Function, James L. Kainen Jan 2013

Shields, Swords, And Fulfilling The Exclusionary Rule's Deterrent Function, James L. Kainen

Faculty Scholarship

When the exclusionary rule prevents the prosecution from using evidence necessary to bring a case to trial, the rule deters illegality while raising no issue about how it might interfere with usual factfinding processes. However, when a case proceeds to trial although a court has suppressed some prosecution evidence, courts need to decide the extent to which the defendant may benefit from the absence of the proof without opening the door to its admission. The exclusion of any relevant evidence raises similar questions, and courts often say the exclusionary rule is a shield from suppressed evidence, but not a sword …