Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Touro University Jacob D. Fuchsberg Law Center (14)
- Campbell University School of Law (3)
- Maurer School of Law: Indiana University (3)
- University of Richmond (2)
- University of Washington School of Law (2)
-
- Vanderbilt University Law School (2)
- Villanova University Charles Widger School of Law (2)
- William & Mary Law School (2)
- American University Washington College of Law (1)
- Brigham Young University Law School (1)
- Cleveland State University (1)
- Fordham Law School (1)
- Mercer University School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Kentucky (1)
- University of Michigan Law School (1)
- University of the District of Columbia School of Law (1)
- West Virginia University (1)
- Keyword
-
- Federal (11)
- New York (11)
- Evidence (9)
- Admissible (7)
- Defendant (6)
-
- Evidence law (6)
- Hearsay (6)
- Federal Rules of Evidence (5)
- Testimony (5)
- Witness (5)
- Confrontation clause (4)
- Evidentiary (4)
- Admissibility (3)
- Codification (3)
- Courts (3)
- Daubert (3)
- Frye (3)
- Inadmissible (3)
- Jury (3)
- Supreme Court (3)
- Symposium (3)
- Trial judge (3)
- Admission (2)
- Barry Scheck (2)
- Codify (2)
- Common law (2)
- Comparing (2)
- Confrontation Clause (2)
- Crime (2)
- Criminal (2)
- Publication
-
- Touro Law Review (14)
- Campbell Law Review (3)
- Indiana Law Journal (3)
- University of Richmond Law Review (2)
- Villanova Law Review (2)
-
- Washington Law Review (2)
- William & Mary Law Review (2)
- American University Law Review (1)
- BYU Law Review (1)
- Cleveland State Law Review (1)
- Fordham Urban Law Journal (1)
- Kentucky Law Journal (1)
- Mercer Law Review (1)
- Michigan Law Review (1)
- University of Arkansas at Little Rock Law Review (1)
- University of the District of Columbia Law Review (1)
- Vanderbilt Journal of Transnational Law (1)
- Vanderbilt Law Review (1)
- West Virginia Law Review (1)
Articles 1 - 30 of 40
Full-Text Articles in Law
Response: Exaggerated And Misleading Reports Of The Death Of Conditional Relevance, Peter Tillers
Response: Exaggerated And Misleading Reports Of The Death Of Conditional Relevance, Peter Tillers
Michigan Law Review
In 1980 the late Professor Vaughn C. Ball of the University of Georgia published an article called The Myth of Conditional Relevancy. Ball's article is widely admired. One well-known evidence scholar, Ronald J. Allen, liked Ball's article so much that he borrowed its title word for word. Although the extent of Allen's enthusiasm for Ball's analysis may be unmatched, a good number of students of evidence - including this writer - have said that Ball's analysis of conditional relevance is both original and important. Richard Friedman, by contrast, cannot be counted as one of Ball's more ardent admirers. Although Friedman …
Evidence, Marc T. Treadwell
Evidence, Marc T. Treadwell
Mercer Law Review
Previous survey articles have discussed the need for precise objections to preserve an issue for appeal. Sometimes, however, even the most precise objection may not be sufficient. In Garner v. Victory Express, Inc., plaintiff objected to defendant's counsel's comment during closing argument on the lack of any evidence indicating that defendant was unsafe or careless. Apparently, defense counsel was referring to the absence of evidence of prior negligence on the part of defendant's driver. The trial court overruled this objection. Plaintiff argued that because he was precluded from proving defendant's negligence by his prior driving record or from proving …
Evidence—New Federal Standard For Admission Of Scientific Evidence. Daubert V. Merrell Dow Pharmaceuticals, Inc., 113 S. Ct. 2786 (1993)., Ed Koon
University of Arkansas at Little Rock Law Review
No abstract provided.
Factors For Reasonable Suspicion: When Black And Poor Means Stopped And Frisked, David A. Harris
Factors For Reasonable Suspicion: When Black And Poor Means Stopped And Frisked, David A. Harris
Indiana Law Journal
No abstract provided.
Cart V. Marcum: The Discovery Rule As An Exception To The Statute Of Limitations In West Virginia, James R. Leach
Cart V. Marcum: The Discovery Rule As An Exception To The Statute Of Limitations In West Virginia, James R. Leach
West Virginia Law Review
No abstract provided.
Experts, Liars, And Guns For Hire: A Different Perspective On The Qualification Of Technical Expert Witnesses, Christopher P. Murphy
Experts, Liars, And Guns For Hire: A Different Perspective On The Qualification Of Technical Expert Witnesses, Christopher P. Murphy
Indiana Law Journal
No abstract provided.
The Admissibility Of Dna Evidence In Washington After State V. Cauthron, Elizabeth A. Allen
The Admissibility Of Dna Evidence In Washington After State V. Cauthron, Elizabeth A. Allen
Washington Law Review
In State v. Cauthron, the Washington Supreme Court issued its first opinion concerning forensic DNA evidence. The court clearly held that the principles underlying DNA evidence and the restricted fragment length polymorphism (RFLP) method of DNA typing are generally accepted in the scientific community and are therefore admissible under the Frye test. The court refused to find that the trial court had properly admitted DNA evidence, however, because testimony that the suspect's DNA "matched" the perpetrator's was not supported by probability statistics. This Note demonstrates that the court was unclear in its discussion of when probability statistics meet the Frye …
Out Of The Twilight Zone: The Implications Of Daubert V. Merrill Dow Pharmaceuticals, Inc., Diana K. Sheiness
Out Of The Twilight Zone: The Implications Of Daubert V. Merrill Dow Pharmaceuticals, Inc., Diana K. Sheiness
Washington Law Review
In Daubert v. Merrell Dow Pharmaceuticals, Inc., the United States Supreme Court held that the Federal Rules of Evidence had not implicitly incorporated the general acceptance, or Frye, test for scientific evidence. Instead, the Court interpreted Rule 702 to mean that judges should admit challenged scientific testimony only after determining that its underlying method or theory is scientifically valid. This Note argues that the essence of the Daubert decision is that judges must ascertain whether or not the studies underlying proffered testimony have been performed in accordance with sound scientific principles. The Note analyzes several cases to illustrate appropriate and …
Stretching The "Terry" Doctrine To The Search For Evidence Of Crime: Canine Sniffs, State Constitutions, And The Reasonable Suspicion Standard, Kenneth L. Pollack
Stretching The "Terry" Doctrine To The Search For Evidence Of Crime: Canine Sniffs, State Constitutions, And The Reasonable Suspicion Standard, Kenneth L. Pollack
Vanderbilt Law Review
The Fourth Amendment, protects an individual's interest in freedom from unreasonable government intrusions into personal privacy. When a court finds an investigative technique to be a search within the Amendment's meaning, it effectively concludes that Fourth Amendment protection should apply. If the government activity constitutes a search, that activity must be reasonable. If the activity does not amount to a search, however, the government enjoys virtual freedom to conduct that activity as unreasonably as it pleases. For pure investigatory searches, the United States Supreme Court has found that the probable cause requirement strikes the proper balance in defining reasonableness. Unlike …
Mihas V. United States, Jennifer Fox
Mihas V. United States, Jennifer Fox
University of the District of Columbia Law Review
No abstract provided.
Are You My Mother? The Scientific And Legal Validity Of Conventional Blood Testing And Dna Fingerprinting To Establish Proof Of Parentage In Immigration Cases, Alan R. Davis
BYU Law Review
No abstract provided.
Using Impartial Experts In Valuations: A Forum-Specific Approach, Andrew Macgregor Smith
Using Impartial Experts In Valuations: A Forum-Specific Approach, Andrew Macgregor Smith
William & Mary Law Review
No abstract provided.
Dna Fingerprinting: The Virginia Approach, James P. O'Brien Jr.
Dna Fingerprinting: The Virginia Approach, James P. O'Brien Jr.
William & Mary Law Review
No abstract provided.
The Admission Of Hearsay Evidence Where Defedant Misconduct Causes The Unavailability Of A Prosecution Witness, Paul T. Markland
The Admission Of Hearsay Evidence Where Defedant Misconduct Causes The Unavailability Of A Prosecution Witness, Paul T. Markland
American University Law Review
No abstract provided.
Confrontation And Hearsay: New Wine In An Old Bottle, The Honorable Anthony M. Brannon
Confrontation And Hearsay: New Wine In An Old Bottle, The Honorable Anthony M. Brannon
Campbell Law Review
No abstract provided.
Expert Testimony Regarding The Speed Of A Vehicle: The Status Of North Carolina Law And The State Of The Art, Lawrence F. Mazer, Charles R. Manning, Richard T. Edwards, Michael A. Sutton
Expert Testimony Regarding The Speed Of A Vehicle: The Status Of North Carolina Law And The State Of The Art, Lawrence F. Mazer, Charles R. Manning, Richard T. Edwards, Michael A. Sutton
Campbell Law Review
No abstract provided.
The Admissibility Of Prior Acquittal Evidence - Has North Carolina Adopted The "Minority View?" - The Effect Of State V. Scott, Matthew S. Sullivan
The Admissibility Of Prior Acquittal Evidence - Has North Carolina Adopted The "Minority View?" - The Effect Of State V. Scott, Matthew S. Sullivan
Campbell Law Review
This Note will examine the court's decision in State v. Scott. First, the Note will address the facts of the case. Second, it will set out the background on how courts decide whether evidence of this nature should be admitted, mainly focusing on Rules 403 and 404(b) of the North Carolina Rules of Evidence. Next, the Note will analyze how the court arrived at this "bright-line" rule as well as the effect it will have in future cases. Finally, the Note will conclude that even though North Carolina adopted the "minority rule", this approach is proper under the concept …
Right To Counsel: People V. West
The Title Vii Pretext Question: Resolved In Light Of St. Mary's Honor Center V. Hicks, Robert J. Smith
The Title Vii Pretext Question: Resolved In Light Of St. Mary's Honor Center V. Hicks, Robert J. Smith
Indiana Law Journal
No abstract provided.
Foreword Evidence Symposium: A Comparative Study Of Federal And New York Evidence Practice, Honorable Frank X. Altimari
Foreword Evidence Symposium: A Comparative Study Of Federal And New York Evidence Practice, Honorable Frank X. Altimari
Touro Law Review
No abstract provided.
The Limits Of Double Jeopardy: A Course Into The Dark, Anne Bowen Poulin
The Limits Of Double Jeopardy: A Course Into The Dark, Anne Bowen Poulin
Villanova Law Review
No abstract provided.
The Dangers Of "General Observations" On Expert Scientific Testimony: A Comment On Daubert V. Merrell Dow Pharmaceuticals, Inc., Robert F. Blomquist
The Dangers Of "General Observations" On Expert Scientific Testimony: A Comment On Daubert V. Merrell Dow Pharmaceuticals, Inc., Robert F. Blomquist
Kentucky Law Journal
No abstract provided.
Symposium Comparing New York And Federal Evidence Law: Introduction, Honorable George C. Pratt
Symposium Comparing New York And Federal Evidence Law: Introduction, Honorable George C. Pratt
Touro Law Review
No abstract provided.
Hearsay, The New York And Federal Rules Of Evidence: What's The Difference?, Richard T. Farrell
Hearsay, The New York And Federal Rules Of Evidence: What's The Difference?, Richard T. Farrell
Touro Law Review
No abstract provided.
Expert Testimony, Barry C. Scheck
Trances, Trials, And Tribulations, Gary M. Shaw
Trances, Trials, And Tribulations, Gary M. Shaw
Touro Law Review
No abstract provided.
The Supreme Court Rules On Statements Against Interest, Michael M. Martin
The Supreme Court Rules On Statements Against Interest, Michael M. Martin
Touro Law Review
No abstract provided.
Employees' Admissions In New York: Time For A Change, David J. Wallman
Employees' Admissions In New York: Time For A Change, David J. Wallman
Touro Law Review
No abstract provided.
Federal Rule Of Evidence 407: Should It Apply To Products Liability?, Patricia A. Brass
Federal Rule Of Evidence 407: Should It Apply To Products Liability?, Patricia A. Brass
Touro Law Review
No abstract provided.