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Articles 1 - 15 of 15
Full-Text Articles in Law
The Myth Of Conditional Relevancy, Vaughn C. Ball
The Myth Of Conditional Relevancy, Vaughn C. Ball
Scholarly Works
[This article is intended to supersede and replace an article with the same title published by the Arizona State Law Journal. That article, in its printed form, was disapproved by me prior to publication, and did not correctly state my views on the subject.] It is the thesis of this article, which may as well be stated first as last, that: (1) the received learning of the doctrine of conditional relevancy is erroneous, being based from the start on an incorrect analysis of relevancy; (2) the doctrine is inconsistent with the definitions of relevancy adopted in the Model Code, the …
State Medical Malpractice Screening Panels In Federal Diversity Actions, Vincent C. Alexander
State Medical Malpractice Screening Panels In Federal Diversity Actions, Vincent C. Alexander
Faculty Publications
During the early 1970's, a medical malpractice crisis was perceived in the United States. An increasing number of costly and time-consuming lawsuits alleging medical malpractice against doctors, hospitals, and other health care providers caused malpractice insurers to raise premiums substantially, which in turn threatened to curtail the availability of adequate health care at reasonable cost. State legislatures responded to the crisis with a variety of substantive and procedural measures intended to reduce the number of litigated claims and the size of jury awards. One of the principal steps taken in a majority of states was the creation of extrajudicial panels …
Mathematical Models And Legal Realities: Some Comments On The Poisson Model Of Jury Behavior, David H. Kaye
Mathematical Models And Legal Realities: Some Comments On The Poisson Model Of Jury Behavior, David H. Kaye
Journal Articles
While a mathematical model cannot reflect all the elements of reality, modeling involves drastic simplifications, and those expounding the mathematical model would recognize the complexity of the elements. This article illuminates this cause with a mathematical model that seems to be in vogue, developed by the renowned mathematician Simeon Poisson. It reviews the Poisson model in order to enucleate its many assumptions. It also explains why these assumptions may introduce serious errors into the probabilities calculated according to the model. It also indicates one reason that even a relatively error free model would have limited usefulness in resolving the constitutional …
The Ohio Rules Of Evidence: Part I, Paul C. Giannelli
The Ohio Rules Of Evidence: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Law Office Search: An Emerging Problem And Some Suggested Solutions, Lackland H. Bloom Jr.
The Law Office Search: An Emerging Problem And Some Suggested Solutions, Lackland H. Bloom Jr.
Faculty Journal Articles and Book Chapters
A law office search threatens the attorney-client relationship by jeopardizing values protected by the fourth, fifth, and sixth amendments. After reviewing recent developments that underlie the sudden emergence of the law office search, Professor Bloom examines the nature of this threat and suggests that the values of the attorney-client relationship can be reconciled with the needs of law enforcement by requiring the police to use a subpoena rather than a search warrant when seeking documentary evidence from an attorney. Professor Bloom considers whether this "subpoena preference rule" either is required by the fourth amendment or can be implemented by nonconstitutional …
Rape Victim Shield Laws And The Sixth Amendment, J. Alexander Tanford, Anthony J. Bocchino
Rape Victim Shield Laws And The Sixth Amendment, J. Alexander Tanford, Anthony J. Bocchino
Articles by Maurer Faculty
No abstract provided.
The Privilege Against Self-Incrimination In Civil Commitment Proceedings, Marianne Wesson
The Privilege Against Self-Incrimination In Civil Commitment Proceedings, Marianne Wesson
Publications
No abstract provided.
New York Proposed Code Of Evidence: Article V, The Symposium: The New York Proposed Code Of Evidence, Michael M. Martin
New York Proposed Code Of Evidence: Article V, The Symposium: The New York Proposed Code Of Evidence, Michael M. Martin
Faculty Scholarship
Article V of the New York Proposed Code of Evidence sets forth the rules of evidentiary privilege. Unlike other articles of the Proposed Code, it differs significantly from its federal counterpart. Article V of the Federal Rules of Evidence consists of only rule 501, which provides that, unless otherwise required by the constitution or federal statute, privileges in federal courts are governed by "the principles of the common law as they may be interpreted... in the light of reason and experience." Rule 501 further provides, however, that questions of privilege in civil cases as to which state law supplies the …
United States Of America V. Herman Raddatz, Preview Of United States Supreme Court Cases, Leroy Pernell
United States Of America V. Herman Raddatz, Preview Of United States Supreme Court Cases, Leroy Pernell
Journal Publications
No abstract provided.
Investigative Stops In High Crime Areas, Richard A. Gonzales
Investigative Stops In High Crime Areas, Richard A. Gonzales
Faculty Scholarship
This article questions what constitutes reasonable suspicion of criminal activity particularly within high crime area. Some of the referenced cases:
- People v. Cantor, 36 N.Y.2d 106, 365 N.Y.S.2d 509, 324 N.E.2d 872 (1975)
- U.S. v. Magda, 409 F.Supp. 734,740 (S.D. N.Y. 1976)
- Terry v. Ohio, 392 U.S. 1 ( 1968)
- Sibron v. New York, 392 U.S. 40 ( 1968)
- U.S. v. Brignoni-Ponce, 422 U.S. 873 (1975)
- U.S. v. Flores, 462 F. Supp. 702 (E.D. NS. 1978)
- U.S. v. Oates, 560 F.2d 45, 49 (2d Cir. 1977)
- U.S. v. Constantine, 567 F.2d 266 ( 4th Cir. 1977)
- People v. Bower, 24 …
Due Process Versus Data Processing: An Analysis Of Computerized Criminal History Information Systems, Donald Doernberg, Donald H. Zeigler
Due Process Versus Data Processing: An Analysis Of Computerized Criminal History Information Systems, Donald Doernberg, Donald H. Zeigler
Articles & Chapters
This article, based on a comprehensive empirical study of New York's computerized criminal history information system and on national surveys of similar systems, concludes that current regulations governing the dispersion of criminal history information are grossly inadequate. Although information drawn from computerized criminal history files is often inaccurate, incomplete, ambiguous or inappropriate, criminal justice officials and judges routinely use such information in making decisions affecting defendants' liberty. This practice is unconstitutional, and the article suggests ways to regulate criminal history information systems that would protect a defendant's right not to be deprived of liberty without due process of law.
Scientific Evidence - Part Ii, Paul C. Giannelli
Scientific Evidence - Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
Scientific Evidence - Part I, Paul C. Giannelli
Scientific Evidence - Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
Franks V. Delaware: A Proposed Interpretation And Application, Peter A. Alces
Franks V. Delaware: A Proposed Interpretation And Application, Peter A. Alces
Faculty Publications
No abstract provided.
The Adversary Model Is Bent, William T. Pizzi, Phillip S. Figa, Kenneth E. Barnhill, Jr.
The Adversary Model Is Bent, William T. Pizzi, Phillip S. Figa, Kenneth E. Barnhill, Jr.
Publications
No abstract provided.