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Articles 1 - 14 of 14
Full-Text Articles in Law
64. Effects Of The Putative Confession Instruction On Perceptions Of Children’S True And False Statements, Jennifer Gongola, Nicholas Scurich, Thomas D. Lyon
64. Effects Of The Putative Confession Instruction On Perceptions Of Children’S True And False Statements, Jennifer Gongola, Nicholas Scurich, Thomas D. Lyon
Thomas D. Lyon
Much Uncertainty About Uncertain Tax Positions, Robert D. Probasco
Much Uncertainty About Uncertain Tax Positions, Robert D. Probasco
Robert Probasco
The Internal Revenue Service (IRS) announced in January 2010 a new initiative to require certain businesses to report “uncertain tax positions” on a new schedule filed with their annual tax returns. Draft schedules and instructions issued in April 2010 clarified some of the mechanical aspects of the new requirement but left many open issues and questions. The IRS proposal built on requirements by the Financial Accounting Standards Board (FASB) in FASB Interpretation No. 48, Accounting for Uncertainty in Income Taxes (“FIN 48”). The standard requires companies, in their financial statements, to reserve some of the benefits from any position taken …
Limited Admissibility And Its Limitations, Lisa Dufraimont
Limited Admissibility And Its Limitations, Lisa Dufraimont
Lisa Dufraimont
Among the challenges facing juries and judges in adjudicating cases is the obligation to use evidence for limited purposes. Evidence inadmissible for one purpose is frequently admissible for other purposes, a situation known as "limited admissibility". Where limited admissibility arises in jury trials, courts generally deliver limiting instructions outlining the inferences that can legitimately be drawn from the evidence and identifying prohibited lines of reasoning to be avoided. Limiting instructions represent an expedient solution to limited-admissibility problems, but they create obvious problems of their own. A thoughtful observer might suspect-as psychological studies confirm-that limiting instructions are likely to fail in …
Realizing The Potential Of The Principled Approach To Evidence, Lisa Dufraimont
Realizing The Potential Of The Principled Approach To Evidence, Lisa Dufraimont
Lisa Dufraimont
Ron Delisle's concern that lawyers and judges be constantly mindful of the purposes and policies underlying the rules of evidence led him to become one of the pioneers of the principled approach to evidence. This paper seeks to evaluate the extent to which the efforts of Canadian courts to incorporate principles into evidence law have alleviated the problem of the complexity of the traditional rules. Evidentiary rules are complex because they are dense or technical. Evidentiary principles are more capable of flexible and contextual application than evidentiary rules, but principles too are complex in the sense that they are less …
63. Children’S Conversational Memory Regarding A Minor Transgression And A Subsequent Interview., Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon
63. Children’S Conversational Memory Regarding A Minor Transgression And A Subsequent Interview., Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon
Thomas D. Lyon
62. The Effects Of Implicit Encouragement And The Putative Confession On Children’S Memory Reports., Kyndra C. Cleveland, Jodi A. Quas, Thomas D. Lyon
62. The Effects Of Implicit Encouragement And The Putative Confession On Children’S Memory Reports., Kyndra C. Cleveland, Jodi A. Quas, Thomas D. Lyon
Thomas D. Lyon
Self Incrimination And Cryptographic Keys, Gregory S. Sergienko
Self Incrimination And Cryptographic Keys, Gregory S. Sergienko
Greg Sergienko
Modern cryptography can make it virtually impossible to decipher documents without the cryptographic key thus making the availability of the contents of those documents depend on the availability of the key. This article examines the Fourth and Fifth Amendments' protection against the compulsory production of the key and the scope of the Fifth Amendment immunity against compelled production. After analyzing these questions using prevailing Fourth and Fifth Amendment jurisprudence, I shall describe the advantages of a privacy-based approach in practical and constitutional terms. [excerpt]
The Grand Jury: A Shield Of A Different Sort, R. Michael Cassidy, Julian A. Cook Iii
The Grand Jury: A Shield Of A Different Sort, R. Michael Cassidy, Julian A. Cook Iii
R. Michael Cassidy
According to the Washington Post, 991 people were shot to death by police officers in the United States during calendar year 2015, and 957 people were fatally shot in 2016. A disproportionate percentage of the citizens killed in these police-civilian encounters were black. Events in Ferguson, Missouri; Chicago, Illinois; Charlotte, North Carolina; Baton Rouge, Louisiana; and Staten Island, New York - to name but a few affected cities - have now exposed deep distrust between communities of color and law enforcement. Greater transparency is necessary to begin to heal this culture of distrust and to inform the debate going forward …
Deceptively Simple: Framing, Intuition And Judicial Gatekeeping Of Forensic Feature-Comparison Methods Evidence, Jane Campbell Moriarty
Deceptively Simple: Framing, Intuition And Judicial Gatekeeping Of Forensic Feature-Comparison Methods Evidence, Jane Campbell Moriarty
Jane Campbell Moriarty
Using Prior Consistent Statements To Rehabilitate Credibility Or To Prove Substantive Assertions Before And After The 2014 Amendment Of Federal Rule Of Evidence 801(D)(1)(B), Floralynn Einesman
Using Prior Consistent Statements To Rehabilitate Credibility Or To Prove Substantive Assertions Before And After The 2014 Amendment Of Federal Rule Of Evidence 801(D)(1)(B), Floralynn Einesman
Floralynn Einesman
The Federal Rules of Evidence (FRE) expanded the non-hearsay category of admissible prior consistent statements with FRE 801(d)(1)(B)(ii) to include any statements counsel uses to rehabilitate a declarant’s credibility after that credibility has been attacked. FREV 801(d)(1)(B)(i) and (ii) require that a declarant testify and be subjected to cross-examination about the prior consistent statement. Under these rules, the time at which the declarant made the consistent statement and her reason for making it are critical.
When the declarant does not testify, however, under FRE 806 opposing counsel may still attack the declarant’s credibility. Under these circumstances, it is often challenging …
Hall V. Florida: The Supreme Court’S Guidance In Implementing Atkins, James W. Ellis
Hall V. Florida: The Supreme Court’S Guidance In Implementing Atkins, James W. Ellis
James W. Ellis
No abstract provided.
Character Assassination: Amending Federal Rule Of Evidence 404(B) To Protect Criminal Defendants, Liesa L. Richter
Character Assassination: Amending Federal Rule Of Evidence 404(B) To Protect Criminal Defendants, Liesa L. Richter
Liesa L. Richter
Goldilocks And The Rule 803 Hearsay Exceptions, Liesa L. Richter
Goldilocks And The Rule 803 Hearsay Exceptions, Liesa L. Richter
Liesa L. Richter
Adopted Statements In The Digital Age: Hearsay Responses To Social Media "Likes", Daniel R. Tilly
Adopted Statements In The Digital Age: Hearsay Responses To Social Media "Likes", Daniel R. Tilly
Daniel R. Tilly