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Articles 1 - 30 of 74
Full-Text Articles in Law
Authenticating Social Media Evidence In Chinese Criminal Procedure Law -- A Comparative Study, Yage Huang
Authenticating Social Media Evidence In Chinese Criminal Procedure Law -- A Comparative Study, Yage Huang
Maurer Theses and Dissertations
Authentication requires the proponent to provide sufficient proof that the proposed social media evidence is, indeed, what it is claimed to be. The rapid proliferation of social media evidence has posed significant challenges for its authentication. This dissertation explores the authentication challenges for social media evidence in a comprehensive manner.
This research employs a qualitative research methodology, including theoretical and analytical methods, to examine the theoretical approaches, statutory provisions, and recent judicial rulings related to the authentication of social media evidence within the legal frameworks of China and the United States. Through a comparative analysis, this study reveals significant commonalities …
The Modern Energizer Bunny - Hopping Into The Nuclear Energy Revolution: The Tenth Circuit's Analysis In New Mexico Ex Rel. Balderas V. U.S. Nuclear Regulatory Commission, Jack A. Mansur
Villanova Environmental Law Journal
No abstract provided.
Gatekeeping & Class Certification: The Eleventh Circuit’S Stringent Approach To Admitting Expert Evidence In Support Of Class Certification, Pravin Patel, Mark Pinkert, Patrick Lyons
Gatekeeping & Class Certification: The Eleventh Circuit’S Stringent Approach To Admitting Expert Evidence In Support Of Class Certification, Pravin Patel, Mark Pinkert, Patrick Lyons
University of Miami Law Review
Federal Rule of Civil Procedure 23 is silent on whether evidence offered in support of a motion for class certification must be admissible under the Federal Rules of Evidence. The Supreme Court has not addressed this issue, and there is currently no authoritative framework for incorporating all or some of the federal evidentiary rules into the class certification process. Resultantly, circuit courts are split on this question and have coalesced among several different approaches. The Eleventh Circuit follows a rigorous evidentiary standard in which evidence offered in support of class certification generally must be admissible under the Federal Rules of …
Computationally Assessing Suspicion, Wesley M. Oliver, Morgan A. Gray, Jaromir Savelka, Kevin D. Ashley
Computationally Assessing Suspicion, Wesley M. Oliver, Morgan A. Gray, Jaromir Savelka, Kevin D. Ashley
University of Cincinnati Law Review
Law enforcement officers performing drug interdiction on interstate highways have to decide nearly every day whether there is reasonable suspicion to detain motorists until a trained dog can sniff for the presence of drugs. The officers’ assessments are often wrong, however, and lead to unnecessary detentions of innocent persons and the suppression of drugs found on guilty ones. We propose a computational method of evaluating suspicion in these encounters and offer experimental results from early efforts demonstrating its feasibility. With the assistance of large language and predictive machine learning models, it appears that judges, advocates, and even police officers could …
Judges Should Be Discerning Consensus, Not Evaluating Scientific Expertise, David S. Caudill, Harry Collins, Robert Evans
Judges Should Be Discerning Consensus, Not Evaluating Scientific Expertise, David S. Caudill, Harry Collins, Robert Evans
University of Cincinnati Law Review
One of the most constructive critiques of the Daubert admissibility regime is Professor Edward Cheng’s recent proposal for a new Consensus Rule in the Federal Rules of Evidence. Rejecting the notion that judges and juries have the capacity to evaluate scientific expertise, Cheng’s proposal would eliminate Daubert hearings—and judicial gatekeeping concerning expert testimony—and require judges and juries, in their verdicts, to follow consensus in the relevant scientific community. Significantly, Cheng argues that judges and juries would have an easier time identifying consensus than they have in deciding between experts who disagree.
We find Cheng’s emphasis on consensus compelling, and …
Cyanoacrylate Deposition Onto Sebum With Pretreatment Of Amine, Isaac Baltz
Cyanoacrylate Deposition Onto Sebum With Pretreatment Of Amine, Isaac Baltz
Chemistry & Biochemistry Undergraduate Honors Theses
Super glue, or ethyl cyanoacrylate, fuming is commonly used in forensic science to develop latent fingerprints on nonporous surfaces[7]. Fingerprints are primarily made up of the oily substance secreted by sebaceous glands better known as sebum. Previously it has been shown that exposure of fingerprints to diisopropylamine dramatically increases the deposition of cyanoacrylate polymers on the fingerprints[1]. However, the heterogeneity of any series of real fingerprints made it difficult to quantitatively assess this effect. This heterogeneity includes not just the amount of sebum but the presence of unknown amounts of proteins, amino acids, and other potential nucleophiles which catalyze the …
I’Ll Huff, And I’Ll Puff, And I’Ll Blow Your Parol Evidence Down: The Eleventh Circuit Explains Why The Plain Text Of An Insurance Policy Wins In The Face Of Contractual Ambiguity, Chloe E. Bonds
Mercer Law Review
Imagine that a small business in sunny, central Florida is evaluating its insurance policy. The business notices that the policy includes seemingly unnecessary coverage for losses caused by landslides. Before the end of the current year, the business contacts its insurance agency and successfully negotiates to remove the existing landslide coverage from next year’s policy. Following the negotiations, the agent issues an updated insurance binder reflecting the change. Although the insurance agency is aware that the business no longer wants landslide coverage, the principal policy issued after negotiations conspicuously does not include any language regarding the coverage or exclusion of …
Eliminating Rule 609 To Provide A Fair Opportunity To Defend Against Criminal Charges: A Proposal To The Advisory Committee On The Federal Rules Of Evidence, Jeffrey Bellin
Faculty Publications
Federal Rule of Evidence 609 authorizes the admission of prior convictions to impeach criminal defendants who testify. And in this important and uniquely damaging application, the [r]ule’s logic fails, distorting American trials and depriving defendants of a fair opportunity to defend against the charges. The Advisory Committee [on Evidence Rules (the “Advisory Committee”)] should propose the elimination of Rule 609 and prohibit cross-examination with specific instances of a criminal defendant’s past conduct when those instances are unrelated to the defendant’s testimony and unconnected to the case.
This short essay begins by setting out the proposed rule change alongside a proposed …
Evidence, W. Randall Bassett
Evidence, W. Randall Bassett
Mercer Law Review
In its 2023 term, the United States Court of Appeals for the Eleventh Circuit focused heavily on the role and admissibility of expert testimony under Rules 702–704 of the Federal Rules of Evidence. For example, in two opinions, the court considered the role of an expert’s qualifications and experience in supporting the admissibility of the expert’s opinions. In another case, they analyzed the scope of an expert’s ability to opine on an ultimate issue in a criminal case. The court also considered the role of lay witness opinion testimony compared to that of a retained expert and the admissibility of …
The Inadequacy Of Constitutional And Evidentiary Protections In Screening False Confessions: How Risk Factors Provide Potential For Reform, Nicole Tackabery
The Inadequacy Of Constitutional And Evidentiary Protections In Screening False Confessions: How Risk Factors Provide Potential For Reform, Nicole Tackabery
UC Irvine Law Review
The admission of a criminal defendant’s confession into evidence is almost always fatal to a defendant’s case. And this is no surprise: common sense advises that a confession is particularly incriminating and definitive in establishing a defendant’s guilt. But while a confession’s persuasiveness is not inherently problematic, its unique ability to convey guilt poses a problem when a confession happens to be false. This problem is wrongful conviction. In fact, false confessions are one of the leading causes of wrongful conviction, and individuals who are at risk due to their age, intellectual disability, and/or mental health are especially susceptible.
While …
Symposium On Scholars’ Suggestions For Amendments, And Issues Raised By Artificial Intelligence
Symposium On Scholars’ Suggestions For Amendments, And Issues Raised By Artificial Intelligence
Fordham Law Review
CHAIR SCHILTZ: As those of you who have been in the rules work for a while know, rules work is cyclical. During the time I’ve been Chair of the Advisory Committee on Evidence Rules, we’ve had two packages of amendments that have gone through. The first package will take effect on December 1, 2024, and that’s the package that is led by the amendment to Rule 702 on expert testimony. And then we have another package that was just approved by the Judicial Conference and sent to the U.S. Supreme Court, and that package is led by the new rule …
Deepfakes Reach The Advisory Committee On Evidence Rules, Daniel J. Capra
Deepfakes Reach The Advisory Committee On Evidence Rules, Daniel J. Capra
Fordham Law Review
A number of articles have been written in the last couple of years about the evidentiary challenges posed by “deepfakes”—inauthentic videos and audios generated by artificial intelligence (AI) in such a way as to appear to be genuine. You are probably aware of some of the widely distributed examples, such as: (1) Pope Francis wearing a Balenciaga jacket; (2) Jordan Peele’s video showing President Barack Obama speaking and saying things that President Obama never said; (3) Nancy Pelosi speaking while appearing to be intoxicated; and (4) Robert DeNiro’s de-aging in The Irishman.
The evidentiary risk posed by deepfakes is …
Impeaching With An Alleged Prior False Accusation, Erin Murphy
Impeaching With An Alleged Prior False Accusation, Erin Murphy
Fordham Law Review
The Court’s categorical recognition of bias as a constitutionally protected, and therefore rape-shield recognized, exception to the general bar on evidence of sexual history has led to questions about whether other forms of impeachment might also evade rape shield restrictions. In particular, courts have grappled with the admissibility of impeachment by evidence of a prior false accusation (PFA).
The current treatment of PFAs is inconsistent and controversial for several reasons. First, as explained further in Part I, there is a lack of clear guidance in the rules about how such evidence should be treated. Second, of course, there are the …
Prosecutorial Storytelling Through Intrinsic Evidence, Brian Chen
Prosecutorial Storytelling Through Intrinsic Evidence, Brian Chen
Pepperdine Law Review
Crimes make for compelling stories. So juries make for an eager audience. Jurors want to—indeed, expect to—learn what the defendant did, how they did it, and why they deserve punishment. Capable prosecutors know how to deliver. Trial narratives empower jurors to link discrete pieces of evidence and infer facts from circumstantial proof. Only then can they render a verdict consistent with their sense of justice. Federal courts thus afford wide leeway for prosecutors to present their case as they please, with the evidence at their disposal. The Federal Rules of Evidence delineates the scope of that discretion. Under Rule 404(b), …
Preview — State V. Wood. First Impressions On Accountability And Cell-Site Location Information, Sarah K. Yarlott
Preview — State V. Wood. First Impressions On Accountability And Cell-Site Location Information, Sarah K. Yarlott
Public Land & Resources Law Review
No abstract provided.
Machines Like Me: A Proposal On The Admissibility Of Artificially Intelligent Expert Testimony, Andrew W. Jurs, Scott Devito
Machines Like Me: A Proposal On The Admissibility Of Artificially Intelligent Expert Testimony, Andrew W. Jurs, Scott Devito
Pepperdine Law Review
With the rapidly expanding sophistication of artificial intelligence systems, their reliability, and cost-effectiveness for solving problems, the current trend of admitting testimony based on artificially intelligent (AI) systems is only likely to grow. In that context, it is imperative for us to ask what rules of evidence judges today should use relating to such evidence. To answer that question, we provide an in-depth review of expert systems, machine learning systems, and neural networks. Based on that analysis, we contend that evidence from only certain types of AI systems meet the requirements for admissibility, while other systems do not. The break …
"Hired Guns": Establishing The Scope Of The Proper Cross-Examination And Argument Relating To Expert Witness' Compensation In Criminal Trials, Michael C. Kovac
"Hired Guns": Establishing The Scope Of The Proper Cross-Examination And Argument Relating To Expert Witness' Compensation In Criminal Trials, Michael C. Kovac
Georgia Criminal Law Review
The outcomes of criminal cases can turn on the credibility of the parties’ expert witnesses. The compensation such experts receive in exchange for their work on cases can undermine their credibility, as it provides the experts with a financial incentive that might bias them in favor of the parties who retain them. While concerns with such bias have existed for decades, courts have been inconsistent in the defining the permissible scope of cross-examination and argument on the issue. Some courts have unduly curtailed such cross-examination and argument. Courts have also been inconsistent in their views of whether calling such expert …
All Eyez On Rap & Hip-Hop: Analyzing How Black Expression Is Criminalized And The Language Of The Rap Act Of 2022, Maia Young
Washington Journal of Law, Technology & Arts
The Black existence, in the United States of America, has always been regarded as a conditional right. Conventionally, Blackness must always be nonviolent and non-disruptive to safely exist. Because of this, Blackness cannot be confined to restraints and disrupts these conventions with acts of joy and creative expression. Black creativity is both unconventional and sacred. Black creative expression documents, preserves, and unifies cultural lived experiences, from a first-hand lens of those oppressed. Creative and artistic expression celebrates the myriad of stories that are a part of the collective Black experience. Yet, Black creative expression is now being weaponized by prosecutors …
What's Said In The Booth Never Stays In The Booth: A Comparative Analysis Of The Use Of Rap Lyrics In American And English Criminal Trials, Yekaterina Shrayber
What's Said In The Booth Never Stays In The Booth: A Comparative Analysis Of The Use Of Rap Lyrics In American And English Criminal Trials, Yekaterina Shrayber
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Transparency In Forensic Exams, Dorothy Sims, Chris Dove, Richard Frederick
Transparency In Forensic Exams, Dorothy Sims, Chris Dove, Richard Frederick
Nevada Law Journal
No abstract provided.
The Precarious Art Of Classifying Facts, Allison Orr Larsen
The Precarious Art Of Classifying Facts, Allison Orr Larsen
Faculty Publications
In their terrific new article, Fact Stripping, Joseph Blocher and Brandon Garrett bring formidable expertise from their respective fields to tackle the inscrutable puzzle of appellate fact review.
[...]
In this short reply I will add to Blocher and Garrett’s illuminating work by exploring a foundational confusion their article exposes. I will first explain why classifying facts as either suitable for trial or not is a very fraught endeavor; I will then argue that this difficulty allows for significant manipulation and the risk of unprincipled application. Finally, I will nod to prior work and forecast future work where I …
Neuropsychological Malingering Determination: The Illusion Of Scientific Lie Detection, Chunlin Leonhard, Christoph Leonhard
Neuropsychological Malingering Determination: The Illusion Of Scientific Lie Detection, Chunlin Leonhard, Christoph Leonhard
Georgia Law Review
Humans believe that other humans lie, especially when stakes are high. Stakes can be very high in a courtroom, from substantial amounts of monetary damages in civil litigation to liberty or life in criminal cases. One of the most frequently disputed issues in U.S. courts is whether litigants are malingering when they allege physical or mental conditions for which they are seeking damages or which would allow them to avoid criminal punishment. Understandably, creating a scientific method to detect lies is very appealing to all persons engaged in lie detection. Neuropsychologists claim that they can use neuropsychological assessment tests (Malingering …
Anything You Say (Or Like, Repost, And Quote) Can Be Used Against You, Alexandra Heyl
Anything You Say (Or Like, Repost, And Quote) Can Be Used Against You, Alexandra Heyl
Catholic University Law Review
Social media allows users to exchange thoughts and ideas without saying a single word. Whether a user “likes” “reposts” or “quotes” third-party content, a user publicly interacts with content authored by someone else with the click of a button. Is this online activity more akin to a user making a statement, adopting a third-party’s statement, or not making a statement at all? Does it matter? Only certain statements can be used against you at trial. Federal Rule of Evidence (“Federal Rule”) 802(a) provides that “hearsay” is an out-of-court statement offered for the truth of the matter asserted. According to Federal …
The New People V. Collins: How Can Probabilistic Evidence Be Properly Admitted?, David Crump
The New People V. Collins: How Can Probabilistic Evidence Be Properly Admitted?, David Crump
Maine Law Review
The California Supreme Court’s decision in People v. Collins is a staple in Evidence casebooks. An innovative assistant district attorney in the trial court had presented a mathematician who applied probabilities to questions about the perpetrators’ characteristics. The state supreme court disapproved the injection of an equation featuring what mathematicians call the “product rule.” The opinion contains thank-goodness-we-escaped-that-disaster reasoning and condemnation of this use of mathematics with probabilities. But the court’s analysis probably would be different if the case were decided today, as the “new” People v. Collins. Therefore, this Article considers what the author calls the new People v. …
Stakeholder Capitalism’S Greatest Challenge: Reshaping A Public Consensus To Govern A Global Economy, Leo E. Strine Jr., Michael Klain
Stakeholder Capitalism’S Greatest Challenge: Reshaping A Public Consensus To Govern A Global Economy, Leo E. Strine Jr., Michael Klain
Seattle University Law Review
The Berle XIV: Developing a 21st Century Corporate Governance Model Conference asks whether there is a viable 21st Century Stakeholder Governance model. In our conference keynote article, we argue that to answer that question yes requires restoring—to use Berle’s term—a “public consensus” throughout the global economy in favor of the balanced model of New Deal capitalism, within which corporations could operate in a way good for all their stakeholders and society, that Berle himself supported.
The world now faces problems caused in large part by the enormous international power of corporations and the institutional investors who dominate their governance. These …
A Different Approach To Agency Theory And Implications For Esg, Jonathan Bonham, Amoray Riggs-Cragun
A Different Approach To Agency Theory And Implications For Esg, Jonathan Bonham, Amoray Riggs-Cragun
Seattle University Law Review
In conventional agency theory, the agent is modeled as exerting unobservable “effort” that influences the distribution over outcomes the principal cares about. Recent papers instead allow the agent to choose the entire distribution, an assumption that better describes the extensive and flexible control that CEOs have over firm outcomes. Under this assumption, the optimal contract rewards the agent directly for outcomes the principal cares about, rather than for what those outcomes reveal about the agent’s effort. This article briefly summarizes this new agency model and discusses its implications for contracting on ESG activities.
The Esg Information System, Stavros Gadinis, Amelia Miazad
The Esg Information System, Stavros Gadinis, Amelia Miazad
Seattle University Law Review
The mounting focus on ESG has forced internal corporate decision-making into the spotlight. Investors are eager to support companies in innovative “green” technologies and scrutinize companies’ transition plans. Activists are targeting boards whose decisions appear too timid or insufficiently explained. Consumers and employees are incorporating companies sustainability credentials in their purchasing and employment decisions. These actors are asking companies for better information, higher quality reports, and granular data. In response, companies are producing lengthy sustainability reports, adopting ambitious purpose statements, and touting their sustainability credentials. Understandably, concerns about greenwashing and accountability abound, and policymakers are preparing for action.
In this …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
The Sec, The Supreme Court, And The Administrative State, Paul G. Mahoney
The Sec, The Supreme Court, And The Administrative State, Paul G. Mahoney
Seattle University Law Review
Pritchard and Thompson have given those of us who study the SEC and the securities laws much food for thought. Their methodological focus is on the internal dynamics of the Court’s deliberations, on which they have done detailed and valuable work. The Court did not, however, operate in a vacuum. Intellectual trends in economics and law over the past century can also help us understand the SEC’s fortunes in the federal courts and make predictions about its future.