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Articles 1 - 30 of 67
Full-Text Articles in Law
Canudo On Evidence: Laws Of New York, Gary Shaw
Trances, Trials, And Tribulations; Symposium Comparing New York And Federal Evidence Law, Gary Shaw
Trances, Trials, And Tribulations; Symposium Comparing New York And Federal Evidence Law, Gary Shaw
Gary M. Shaw
A transcript of the author’s remarks at a 1994 symposium comparing New York and Federal Laws regarding hypnosis and witness testimony.
Judges, Repulsive Evidence And The Ability To Respond, Thomas L. Shaffer
Judges, Repulsive Evidence And The Ability To Respond, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
Bullets, Bad Florins, And Old Boots: A Report Of The Indiana Trial Judges Seminar On The Judge's Control Over Demonstrative Evidence, Thomas Shaffer
Bullets, Bad Florins, And Old Boots: A Report Of The Indiana Trial Judges Seminar On The Judge's Control Over Demonstrative Evidence, Thomas Shaffer
Thomas L. Shaffer
No abstract provided.
12. Interviewing Victims And Suspected Victims Who Are Reluctant To Talk., Irit Irit Hershkowitz, Michael E. Lamb, Thomas D. Lyon
12. Interviewing Victims And Suspected Victims Who Are Reluctant To Talk., Irit Irit Hershkowitz, Michael E. Lamb, Thomas D. Lyon
Thomas D. Lyon
The Trial Court’S Gatekeeper Role Under Frye, Daubert And Kumho: A Special Look At Children's Cases, John Eric Smithburn
The Trial Court’S Gatekeeper Role Under Frye, Daubert And Kumho: A Special Look At Children's Cases, John Eric Smithburn
J. Eric Smithburn
No abstract provided.
Developments In Massachusetts Evidence Law: You Be The Judge, R. Michael Cassidy
Developments In Massachusetts Evidence Law: You Be The Judge, R. Michael Cassidy
R. Michael Cassidy
The New Rules For Admissibility Of Expert Testimony: Part Ii, Robert Sanger
The New Rules For Admissibility Of Expert Testimony: Part Ii, Robert Sanger
Robert M. Sanger
As described in the last Criminal Justice column for the Santa Barbara Lawyer magazine, the California Supreme Court’s opinion in Sargon Enterprises v. University of Southern California, 55 Cal. 4th 747, 149 Cal. Rptr. 3d 614 (2012) made it clear that California is now, (and perhaps unsuspectingly has been for some time), a Daubert jurisdiction. This requires the trial court be the “gatekeeper” and make a determination as to the admissibility of scientific or expert testimony and to determine the limits of any testimony, if it is introduced. The Court held that there are essentially three criteria: The first criterion …
32. Eliciting Maltreated And Non-Maltreated Children’S Transgression Disclosures: Narrative Practice Rapport Building And A Putative Confession., Thomas D. Lyon, Lindsay Wandrey, Elizabeth C. Ahern, Robyn Licht, Megan P.Y. Sim, Jodi A. Quas
32. Eliciting Maltreated And Non-Maltreated Children’S Transgression Disclosures: Narrative Practice Rapport Building And A Putative Confession., Thomas D. Lyon, Lindsay Wandrey, Elizabeth C. Ahern, Robyn Licht, Megan P.Y. Sim, Jodi A. Quas
Thomas D. Lyon
Drafting New York Civil-Litigation Documents: Part Xxviii—Disclosure Motions Continued, Gerald Lebovits
Drafting New York Civil-Litigation Documents: Part Xxviii—Disclosure Motions Continued, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
Accounting For Federalism In State Courts - Exclusion Of Evidence Obtained Lawfully By Federal Agents, Robert M. Bloom, Hillary J. Massey
Accounting For Federalism In State Courts - Exclusion Of Evidence Obtained Lawfully By Federal Agents, Robert M. Bloom, Hillary J. Massey
Robert Bloom
After the terrorist attacks on September 11th, Congress greatly enhanced federal law enforcement powers through enactment of the U.S.A. Patriot Act. The Supreme Court also has provided more leeway to federal officers in the past few decades, for example by limiting the scope of the exclusionary rule. At the same time, many states have interpreted their constitutions to provide greater individual protections to their citizens than provided by the federal constitution. This phenomenon has sometimes created a wide disparity between the investigatory techniques available to federal versus state law enforcement officers. As a result, state courts sometimes must decide whether …
Jailhouse Informants, Robert M. Bloom
Inevitable Discovery: An Exception Beyond The Fruits, Robert Bloom
Inevitable Discovery: An Exception Beyond The Fruits, Robert Bloom
Robert Bloom
No abstract provided.
The New Rules For Admissibility Of Expert Testimony: Part I, Robert Sanger
The New Rules For Admissibility Of Expert Testimony: Part I, Robert Sanger
Robert M. Sanger
In a previous series of articles for this magazine, I took the position that California really was a Daubert jurisdiction in the sense that Kelly and Frye and thenexisting case law required that the court be the “gatekeeper” and make a determination as to: 1) whether a science (or area of expertise) was a science (or area of expertise); 2) whether the witness was a scientist (or expert); 3) whether the data was reliable; and then, and only then, 4) what a true scientist (or expert) could say based on the science and based on the reliable data. In the …
Evidence: Use Of Prior Consistent And Inconsistent Statements Under Massachusetts Law, R. Michael Cassidy
Evidence: Use Of Prior Consistent And Inconsistent Statements Under Massachusetts Law, R. Michael Cassidy
R. Michael Cassidy
No abstract provided.
31. How Attorneys Question Children About The Dynamics Of Sexual Abuse And Disclosure In Criminal Trials., Stacia N. Stolzenberg, Thomas D. Lyon
31. How Attorneys Question Children About The Dynamics Of Sexual Abuse And Disclosure In Criminal Trials., Stacia N. Stolzenberg, Thomas D. Lyon
Thomas D. Lyon
Schultz V. Akzo Nobel Paints: “The Rest Of The Story” Reveals Limited Impact Of Expert Testimony Decision, Richard O. Faulk
Schultz V. Akzo Nobel Paints: “The Rest Of The Story” Reveals Limited Impact Of Expert Testimony Decision, Richard O. Faulk
Richard Faulk
Certainly, a number of lawyers from both sides of the bar believe that the Schultz decision is important. A review of the record in Schultz, however, reveals a relatively easy explanation for the decision—one that undermines its value as precedent. To understand why this is so, we must go back to the district court’s decision to grant Akzo Nobel’s motion for summary judgment and, with apologies to Paul Harvey, appreciate the “rest of the story.”
Treating Physicians As Expert Witnesses In Compensation Systems: The Public Health Connection, Brian C. Murchison
Treating Physicians As Expert Witnesses In Compensation Systems: The Public Health Connection, Brian C. Murchison
Brian C. Murchison
Not available.
Crawford & Its Progeny In Texas & The Nation's Other State Supreme Courts, Dannye Holley
Crawford & Its Progeny In Texas & The Nation's Other State Supreme Courts, Dannye Holley
Dannye Holley
CRAWFORD & ITS PROGENY IN TEXAS & THE
NATION’S OTHER STATE SUPREME COURTS
This article is designed to track three major conceptual themes. First, the elusive pursuit of scholarship which engages both the practicing bar and academics. Second, how our federalism is shaped by the interaction of the “Supreme Courts”. Finally, identifying metrics upon which to base a principled assessment of whether a United States Supreme Court decision is a “watershed” decision.
The article documents that Crawford and its progeny have created a powerful convergence of the interests of academics and the practicing bar. It does so by making reference …
30. Facilitating Maltreated Children's Use Of Emotional Language., Elizabeth C. Ahern, Thomas D. Lyon
30. Facilitating Maltreated Children's Use Of Emotional Language., Elizabeth C. Ahern, Thomas D. Lyon
Thomas D. Lyon
Medical Malpractice, The Affordable Care Act And State Provider Shield Laws: More Myth Than Necessity?, Mary Ann Chirba, Alice Noble
Medical Malpractice, The Affordable Care Act And State Provider Shield Laws: More Myth Than Necessity?, Mary Ann Chirba, Alice Noble
Mary Ann Chirba
Given the ambitions and reach of the Affordable Care Act, confusion about its intended and inadvertent impact is inevitable. Since its enactment in 2010, the ACA has raised legitimate and less grounded concerns among various stakeholders ranging from individuals and employers facing coverage mandates to States deciding whether and how to implement the Act’s Medicaid expansions. One item has received far less attention even though it weighs heavily on any provider engaged in the clinical practice of medicine: the ACA’s impact on medical malpractice liability. The Act does little to address medical malpractice head on. Nevertheless, physicians and other providers, …
Evaluating Oral Histories: The Evidentiary Standard In Cases Involving The Repatriation Of Pre-Historic Human Remains, Sylvia St. Clair
Evaluating Oral Histories: The Evidentiary Standard In Cases Involving The Repatriation Of Pre-Historic Human Remains, Sylvia St. Clair
Sylvia B. St. Clair
Ms. St. Clair explores the use of oral histories to prove cultural affiliation and examines how the laws of evidence must be adapted in order to accommodate this type of evidence. In cases involving the repatriation of Native American human remains, proving cultural affiliation becomes especially problematic when traditional evidence is scarce and tribal claimants rely on oral histories to prove affiliation. This type of evidence is subject to heavy skepticism, consistently challenged by science and technological advances, and examination of the court’s treatment of cases over the last decade has left confusion on the applicable standard. In face of …
Understanding The Law Of Evidence Through The Lens Of Signal-To-Noise, Alex Stein
Understanding The Law Of Evidence Through The Lens Of Signal-To-Noise, Alex Stein
Alex Stein
No abstract provided.
The Admissibility Of Bayesian Likelihood Ratios, Robert Sanger
The Admissibility Of Bayesian Likelihood Ratios, Robert Sanger
Robert M. Sanger
As someone once said, “there are lies, damned lies and statistics.” Anyone who has tried a case where statistics are presented to the jury knows how powerful statistics can be. Jurors are generally not versed in statistics and are vulnerable to being misled. Ironically, judges may not be much better at identifying valid statistical analyses as opposed to bogus ones.
In this Criminal Justice column we will look at statistical analysis and its place in the courtroom. We will look at a recent decision of the British Courts and the implications for that type of thinking on American jurisprudence. To …
29. Young Children’S Understanding That Promising Guarantees Performance: The Effects Of Age And Maltreatment., Thomas D. Lyon, Angela D. Evans
29. Young Children’S Understanding That Promising Guarantees Performance: The Effects Of Age And Maltreatment., Thomas D. Lyon, Angela D. Evans
Thomas D. Lyon
16. Child Witnesses And Imagination: Lying, Hypothetical Reasoning, And Referential Ambiguity., Thomas D. Lyon
16. Child Witnesses And Imagination: Lying, Hypothetical Reasoning, And Referential Ambiguity., Thomas D. Lyon
Thomas D. Lyon
"Introduction" (Chapter 1) Of Stories About Science In Law: Literary And Historical Images Of Acquired Expertise (Ashgate 2011), David S. Caudill
"Introduction" (Chapter 1) Of Stories About Science In Law: Literary And Historical Images Of Acquired Expertise (Ashgate 2011), David S. Caudill
David S Caudill
This is the introductory chapter of Stories About Science in Law: Literary and Historical Images of Acquired Expertise (Ashgate, 2011), explaining that the book presents examples of how literary accounts can provide a supplement to our understanding of science in law. Challenging the view that law and science are completely different, I focus on stories that explore the relationship between law and science, and identify cultural images of science that prevail in legal contexts. In contrast to other studies on the transfer and construction of expertise in legal settings, the book considers the intersection of three interdisciplinary projects-- law and …
Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?, David S. Caudill
Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?, David S. Caudill
David S Caudill
My focus is on an apparent trend at the intersection of the fields of evidentiary standards for expert admissibility and professional responsibility, namely the eagerness to place more ethical responsibilities on lawyers to vet their proffered expertise to ensure its reliability. My reservations about this trend are not only based on its troubling implications for the lawyer’s duty as a zealous advocate, which already has obvious limitations (because of lawyers’ conflicting duties to the court), but are also based on the problematic aspects of many reliability determinations. To expect attorneys - and this is what the proponents of a duty …
Book Review: Carl Cranor, Toxic Torts: Science, Law, And The Possibility Of Justice, David Caudill
Book Review: Carl Cranor, Toxic Torts: Science, Law, And The Possibility Of Justice, David Caudill
David S Caudill
Carl F. Cranor’s Toxic Torts: Science, Law, and the Possibility of Justice is a sustained, comprehensive argument that the Daubert gatekeeping regime has tilted the playing field against injured plaintiffs in toxic tort litigation. More generally, Cranor joins those who argue that the Daubert regime has not fared well in practice. Complex scientific evidence is not handled well in trials because scientific methods, data, and inferential reasoning are not well understood by gatekeeping judges. Cranor’s goal is to help solve this problem by offering a detailed description of the patterns of reasoning, evidence collection, and inference in nonlegal scientific settings. …
Junk Philosophy Of Science?: The Paradox Of Expertise And Interdisciplinarity In Federal Courts, David S. Caudill, Richard E. Redding
Junk Philosophy Of Science?: The Paradox Of Expertise And Interdisciplinarity In Federal Courts, David S. Caudill, Richard E. Redding
David S Caudill
No abstract provided.