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Full-Text Articles in Law
Cross-Examination Content And The "Power Of Not", Patrick C. Brayer
Cross-Examination Content And The "Power Of Not", Patrick C. Brayer
Faculty Works
One of the challenges in constructing an impactful cross-examination (cross) is creating content. Many trial attorneys can effectively identify issues in the discovery process but fail to communicate to the fact finder the power of the facts as they relate to the case. Depositions can be artfully conducted and interrogatories expertly administered, but if the presenter of the evidence is unable to translate basic facts into vivid images and stories, then once-dominant discovery revelations can often be reduced to tepid references. After years of preparing one case, many trial attorneys are so hardened to the basic facts that they fail …
Tell Us A Story But Don’T Make It A Good One: Embracing The Tension Regarding Emotional Stories And The Federal Rule Of Evidence 403, Cathren Koehlert-Page
Tell Us A Story But Don’T Make It A Good One: Embracing The Tension Regarding Emotional Stories And The Federal Rule Of Evidence 403, Cathren Koehlert-Page
Faculty Scholarship
No abstract provided.
Ringers Revisited, Richard H. Underwood
Ringers Revisited, Richard H. Underwood
Law Faculty Scholarly Articles
In this short essay, Professor Underwood addresses an important development in the law dealing with eyewitness testimony and the New Jersey case of State v. Henderson. He gets at the subject by looking back to a 1950s television play starring fellow Kentucky resident, William Shatner. However, in this particular instance, William Shatner would not change the world.
Following The Rules: Exclusion Of Witness, Sequestration, And No-Consultation Orders, Richard H. Underwood
Following The Rules: Exclusion Of Witness, Sequestration, And No-Consultation Orders, Richard H. Underwood
Law Faculty Scholarly Articles
In this Article, Professor Underwood discusses the varying application of Rule 615 of the Federal Rules of Evidence, which provides for the exclusion of witnesses. He explains that varying application of Rule 615 and state evidence rules following Rule 615's language creates misunderstandings at trial. Thus, it is important to know not only the federal and local rules but also the "way things are done" in a particular court.
Making Stuff Up, Richard H. Underwood
Making Stuff Up, Richard H. Underwood
Law Faculty Scholarly Articles
Beginning with an article in this Journal almost thirty years ago, Professor Underwood continues to research and write about legal ethics and litigation. In this Commentary, he offers a witty look at several cases where, in his opinion, the judge allowed improper arguments to the jury.
A Resident Of Evidenceland Defends His Turf, Richard D. Friedman
A Resident Of Evidenceland Defends His Turf, Richard D. Friedman
Articles
A few years ago, I wrote an essay welcoming Judge Richard Posner down from a star to Evidenceland, the sometimes obscure province occupied by evidence scholars.1 Although I criticized one of the points of his article on the economics of evidence law, I expressed the hope that he would remain in Evidenceland for an extended stay.2 I should have known that if he did so he would tell us long-term inhabitants what we have been doing wrong.
Evaluating Scientific And Forensic Evidence, Richard H. Underwood
Evaluating Scientific And Forensic Evidence, Richard H. Underwood
Law Faculty Scholarly Articles
Professor Underwood offers a critique of the present state of scientific and forensic evidence. In the context of discussing four challenges to the field, the author arms the practitioner with strategies and tactics for making effective use of scientific and forensic testimony.
The Limits Of Cross-Examination, Richard H. Underwood
The Limits Of Cross-Examination, Richard H. Underwood
Law Faculty Scholarly Articles
In this article, the author compiles the history and methodology of cross-examination from ancient Greece to the modern era. The reality and ethics of cross-examination are explored through anecdotes and detailed histories.
The In/Into Controversy: Lubet Misses The Point, J. Alexander Tanford
The In/Into Controversy: Lubet Misses The Point, J. Alexander Tanford
Articles by Maurer Faculty
No abstract provided.
"X-Spurt" Witnesses, Richard H. Underwood
"X-Spurt" Witnesses, Richard H. Underwood
Law Faculty Scholarly Articles
In this article the author pulls together a history of expert witnesses in common law systems. Various issues are explored regarding expert witness testimony, including: the historical underpinnings of the practice, how Daubert controls that issue in modern times, rules of evidence, psychological science, and professional ethics.