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- Evidence (7)
- Admissibility (3)
- Hearsay (3)
- Manson v. Brathwaite (3)
- Misidentification (3)
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- Credibility (2)
- Eyewitness identification (2)
- Federal Rule of Evidence 201 (2)
- Impeachment (2)
- Probative value (2)
- Reliability (2)
- Scientific evidence (2)
- Witness (2)
- Admission of Battered Woman Syndrome evidence; admission of Rape Trauma Syndrome evidence; Daubert standard; inadequacy of Battered Woman Syndrome methodology; scientific reliability of Battered Woman Syndrome; courts as gatekeepers of reliable scientific evidence; four factors of Daubert; social sciences; State v. Saldana; State v. Black; scientific reliability of Rape Trauma Syndrome; defense-oriented social science evidence; Black Rage; Black Rage defenses; (1)
- Admission of evidence (1)
- And life without parole for homicide defenders; de facto life sentencing. (1)
- Appeal (1)
- Arkansas (1)
- Arkansas Rule of Evidence 803(25); child hearsay exception; child not competent to testify; Confrontation Clause; (1)
- Arkansas law (1)
- Attorney work-product (1)
- Attorney-client privilege (1)
- Balance (1)
- Best evidence rule (1)
- CODIS (1)
- Certainty (1)
- Character evidence (1)
- Character for truthfulness (1)
- Child witness (1)
- Civil procedure (1)
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Articles 1 - 30 of 40
Full-Text Articles in Law
Continuing Evolution Of Juvenile Sentencing Laws, Misty Wilson Borkowski
Continuing Evolution Of Juvenile Sentencing Laws, Misty Wilson Borkowski
University of Arkansas at Little Rock Law Review
No abstract provided.
Goat Testicles, Scientific Evidence, And Consequences: Stopping A Killing Spree With Nothing But Evidence Law, William Gordon Childs
Goat Testicles, Scientific Evidence, And Consequences: Stopping A Killing Spree With Nothing But Evidence Law, William Gordon Childs
University of Arkansas at Little Rock Law Review
No abstract provided.
Juror Assessment Of Certainty About Firearms Identification Evidence, Sarah L. Cooper, Paraic Scanlon
Juror Assessment Of Certainty About Firearms Identification Evidence, Sarah L. Cooper, Paraic Scanlon
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Law—When The Pillow Talks: Arkansas's Rape Shield Statute Bars Dna Evidence Excluding The Defendant As The Source Of Semen. Thacker V. State, 2015 Ark. 406, 474 S.W.3d 65., Lacon Marie Smith
University of Arkansas at Little Rock Law Review
No abstract provided.
Is Limited Remand Required If The District Court Admitted Or Excluded Evidence Without A Daubert Analysis?, Robert B. Gilbreath
Is Limited Remand Required If The District Court Admitted Or Excluded Evidence Without A Daubert Analysis?, Robert B. Gilbreath
The Journal of Appellate Practice and Process
No abstract provided.
The Promises And Pitfalls Of State Eyewitness Identification Reforms, Nicholas A. Kahn-Fogel
The Promises And Pitfalls Of State Eyewitness Identification Reforms, Nicholas A. Kahn-Fogel
Faculty Scholarship
This article provides a comprehensive analysis of state-based eyewitness identification reforms, including legislative directives, evidentiary rules, and judicial interpretations of state constitutions as providing greater protection against the use of unreliable eyewitness evidence than the United State Supreme Court offered in its 1977 decision in Manson v. Brathwaite. While previous scholarship has included thorough consideration of a single state's eyewitness law, state-by-state analysis of a sub-issue in eyewitness law, and brief general surveys of state approaches to eyewitness reform, this article adds to the current body of scholarship with an in-depth evaluation of eyewitness identification law in states that have …
Supplementing The Record In The Federal Courts Of Appeals: What If The Evidence You Need Is Not In The Record?, George C. Harris, Xiang Li
Supplementing The Record In The Federal Courts Of Appeals: What If The Evidence You Need Is Not In The Record?, George C. Harris, Xiang Li
The Journal of Appellate Practice and Process
No abstract provided.
Challenging Judicial Notice Of Facts On The Internet Under Federal Rule Of Evidence 201, Coleen M. Barger
Challenging Judicial Notice Of Facts On The Internet Under Federal Rule Of Evidence 201, Coleen M. Barger
Faculty Scholarship
No abstract provided.
Manson And Its Progeny: An Empirical Analysis Of American Eyewitness Law, Nicholas A. Kahn-Fogel
Manson And Its Progeny: An Empirical Analysis Of American Eyewitness Law, Nicholas A. Kahn-Fogel
Faculty Scholarship
Since the Supreme Court established the current constitutional framework for determining the admissibility of eyewitness identification evidence in Manson v. Brathwaite in 1977, scientists and scholars who have evaluated the opinion have uniformly criticized it as insufficient to deter police from using flawed identification procedures and inconsistent with scientific evidence of the best ways to assess the reliability of evidence tainted by such procedures. Until now, however, the work of these scientists and scholars has been based primarily on simulation experiments and on a selective assortment of easily criticized judicial decisions applying Manson. This study provides the first systematic analysis …
Constitutional Law—It Wasn’T Me! Zinger V. State And Arkansas’S Unconstitutional Approach To Third-Party Exculpatory Evidence. Zinger V. State, 313 Ark. 70, 852 S.W.2d 320 (1993)., Bourgon B. Reynolds
Constitutional Law—It Wasn’T Me! Zinger V. State And Arkansas’S Unconstitutional Approach To Third-Party Exculpatory Evidence. Zinger V. State, 313 Ark. 70, 852 S.W.2d 320 (1993)., Bourgon B. Reynolds
University of Arkansas at Little Rock Law Review
No abstract provided.
Evidence - Privilege Law - How Arkansas's New Rule Of Evidence Codifies "Selective Waiver" Of The Attorney-Client Privilege And Work-Product Protection And An Argument For A More Moderate Approach, Jonathan D. Mcfadden
Evidence - Privilege Law - How Arkansas's New Rule Of Evidence Codifies "Selective Waiver" Of The Attorney-Client Privilege And Work-Product Protection And An Argument For A More Moderate Approach, Jonathan D. Mcfadden
University of Arkansas at Little Rock Law Review
No abstract provided.
Unscrambling The Confusion: Applying The Correct Standard Of Review For Rape-Shield Evidentiary Rulings, Robert E. Steinbuch
Unscrambling The Confusion: Applying The Correct Standard Of Review For Rape-Shield Evidentiary Rulings, Robert E. Steinbuch
Faculty Scholarship
No abstract provided.
Beyond Manson And Lukolongo: A Critique Of American And Zambian Eyewitness Law With Recommendations For Reform In The Developing World, Nicholas A. Kahn-Fogel
Beyond Manson And Lukolongo: A Critique Of American And Zambian Eyewitness Law With Recommendations For Reform In The Developing World, Nicholas A. Kahn-Fogel
Faculty Scholarship
This article is a comparative analysis of U.S. and Zambian eyewitness law. I analyze the two countries' approaches to eyewitness law in the context of the longstanding debate on whether rules or standards best effectuate underlying social values. With regard to the United States, I conclude that either a rule or a standard for admission of eyewitness evidence could provide effective protection of defendants' due process rights while also promoting the societal interest in admitting reliable proof of guilt. I then conduct the first comprehensive analysis of Zambian eyewitness cases and conclude that Zambian eyewitness law is, in some ways, …
Constitutional Law—The Fourth Amendment Challenge To Dna Sampling Of Arrestees Pursuant To The Justice For All Act Of 2004: A Proposed Modification To The Traditional Fourth Amendment Test Of Reasonableness, Kimberly A. Polanco
University of Arkansas at Little Rock Law Review
No abstract provided.
Evidence—Sixth Amendment And The Confrontation Clause—Testimonial Trumps Reliable: The United States Supreme Court Reconsiders Its Approach To The Confrontation Clause. Crawford V. Washington, 541 U.S. 36 (2004)., Kristen Sluyter
University of Arkansas at Little Rock Law Review
No abstract provided.
Spoliation Of Evidence: Why This Evidentiary Concept Should Not Be Transformed Into Separate Causes Of Action, Jason B. Hendren
Spoliation Of Evidence: Why This Evidentiary Concept Should Not Be Transformed Into Separate Causes Of Action, Jason B. Hendren
University of Arkansas at Little Rock Law Review
No abstract provided.
Document Destruction After Arthur Andersen: Is It Still Housekeeping Or Is It A Crime, Steven Lubet
Document Destruction After Arthur Andersen: Is It Still Housekeeping Or Is It A Crime, Steven Lubet
The Journal of Appellate Practice and Process
No abstract provided.
Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner
Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner
University of Arkansas at Little Rock Law Review
No abstract provided.
Tort Law—Spoliators Beware, But Fear Not An Independent Civil Suit. Goff V. Harold Ives Trucking Co., 342 Ark. 143, 27 S.W.3d 387 (2000)., Margaret A. Egan
Tort Law—Spoliators Beware, But Fear Not An Independent Civil Suit. Goff V. Harold Ives Trucking Co., 342 Ark. 143, 27 S.W.3d 387 (2000)., Margaret A. Egan
University of Arkansas at Little Rock Law Review
No abstract provided.
The Gender Gap: Revealing Inequities In Admission Of Social Science Evidence In Criminal Cases, Janet C. Hoeffel
The Gender Gap: Revealing Inequities In Admission Of Social Science Evidence In Criminal Cases, Janet C. Hoeffel
University of Arkansas at Little Rock Law Review
No abstract provided.
Employer Liability For Sexual Harassment - Normative, Descriptive, And Doctrinal Interactions: A Reply To Professors Beiner And Bisom-Rapp, Linda Hamilton Krieger
Employer Liability For Sexual Harassment - Normative, Descriptive, And Doctrinal Interactions: A Reply To Professors Beiner And Bisom-Rapp, Linda Hamilton Krieger
University of Arkansas at Little Rock Law Review
No abstract provided.
Fixing Watches With Sledgehammers: The Questionable Embrace Of Employee Sexual Harassment Training By The Legal Profession, Susan Bisom-Rapp
Fixing Watches With Sledgehammers: The Questionable Embrace Of Employee Sexual Harassment Training By The Legal Profession, Susan Bisom-Rapp
University of Arkansas at Little Rock Law Review
No abstract provided.
Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner
Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner
Faculty Scholarship
No abstract provided.
Newly Available, Not Newly Discovered, Penny J. White
Newly Available, Not Newly Discovered, Penny J. White
The Journal of Appellate Practice and Process
Advances in science have made it possible to discover new evidence. This newly discovered evidence is not always admissible as evidence. This essay suggests methods by which appellate courts may approach a balance between the rigid application of limitation periods in serious criminal cases and admitting evidence that proves innocence.
The Response To Brecheen V. Reynolds: Oklahoma’S System For Evaluating Extra-Record Constitutional Claims In Death Penalty Cased, Jeremy B. Lowrey
The Response To Brecheen V. Reynolds: Oklahoma’S System For Evaluating Extra-Record Constitutional Claims In Death Penalty Cased, Jeremy B. Lowrey
The Journal of Appellate Practice and Process
This article attempts to define the “abuse of discretion” standard of review. The article begins by distinguishing the three types of appellate review. It then focuses on review of discretion. Articles written by Professors Maurice Rosenburg, Robert C. Post, and Judge Henery J. Friendly are next analyzed in order to further evaluate judicial discretionary decisionmaking. Caselaw is next used to discuss how courts have attempted to define and apply the abuse of discretion standard. Primary cases considered include Chevron U.S.A. v. Natural Resources Defense Council, Pierce v. Underwood, Cooter & Gell v. Hartmarx Corp., and Koon v. United States. Finally, …
The Law And The Brain: Judging Scientific Evidence Of Intent, Erica Beecher-Monas, Edgar Garcia-Rill
The Law And The Brain: Judging Scientific Evidence Of Intent, Erica Beecher-Monas, Edgar Garcia-Rill
The Journal of Appellate Practice and Process
This essay addresses the issue of judges deciding what scientific evidence is admissible. The primary focus is the admissibility of expert mental state testimony in criminal cases. The issue is addressed by answering two questions: 1) how does science work and 2) how does the brain work?
The Antiquated "Slight Evidence Rule" In Federal Conspiracy Cases, Brent E. Newton
The Antiquated "Slight Evidence Rule" In Federal Conspiracy Cases, Brent E. Newton
The Journal of Appellate Practice and Process
This article addresses the risk of wrongful convictions in federal conspiracy cases. The article points out how conspiracy cases rely heavily on circumstantial evidence and the slight evidence rule. The risk of over assigning liability to parties with minor involvement is also discussed.
Evidence And Ethics—Letting The Client Rest In Peace: Attorney-Client Privilege Survives The Death Of The Client. Swidler & Berlin V. United States, 118 S. Ct. 2081 (1998)., Julie Peters Zamacona
Evidence And Ethics—Letting The Client Rest In Peace: Attorney-Client Privilege Survives The Death Of The Client. Swidler & Berlin V. United States, 118 S. Ct. 2081 (1998)., Julie Peters Zamacona
University of Arkansas at Little Rock Law Review
No abstract provided.
Evidence—Scientific Evidence: Standard Of Review Raises Questions Of Fit. General Electric Co. V. Joiner, 118 S. Ct. 512 (1997)., Russell D. Marlin
Evidence—Scientific Evidence: Standard Of Review Raises Questions Of Fit. General Electric Co. V. Joiner, 118 S. Ct. 512 (1997)., Russell D. Marlin
University of Arkansas at Little Rock Law Review
No abstract provided.
Lex, Lies & Videotape, Greg Jones
Lex, Lies & Videotape, Greg Jones
University of Arkansas at Little Rock Law Review
No abstract provided.