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Articles 31 - 60 of 63
Full-Text Articles in Law
The Business Records Exception To The Hearsay Rule - New Is Not Necessarily Better, Sidney Kwestel
The Business Records Exception To The Hearsay Rule - New Is Not Necessarily Better, Sidney Kwestel
Scholarly Works
No abstract provided.
Etchings On Glass: Reflections On The Science Of Proof, Louise Harmon
Etchings On Glass: Reflections On The Science Of Proof, Louise Harmon
Scholarly Works
No abstract provided.
Impeachment: Evidence Amendments, Paul C. Giannelli
Impeachment: Evidence Amendments, Paul C. Giannelli
Faculty Publications
No abstract provided.
Lilly V. Virginia: A Chance To Reconceptualize The Confrontation Right, Richard D. Friedman
Lilly V. Virginia: A Chance To Reconceptualize The Confrontation Right, Richard D. Friedman
Articles
In Lilly v. Virginia, the Supreme Court once again has the opportunity to grapple with the meaning of the Confrontation Clause of the Sixth Amendmel).t. The basic facts of Lilly are simple, for they present the ageold problem of accomplice confessions. Three men, Gary Barker and Ben and Mark Lilly, went on a crime spree, during which one of them shot to death a young man they had robbed and kidnaped. Ben Lilly was charged with being the triggerman, and Barker testified to that effect at Ben's trial. Mark did not testify. But Mark had made a statement to the …
Narrative Relevance, Imagined Juries, And A Supreme Court Inspired Agenda For Jury Research, Richard O. Lempert
Narrative Relevance, Imagined Juries, And A Supreme Court Inspired Agenda For Jury Research, Richard O. Lempert
Articles
This paper has its roots in Old Chief v. United States, a case the Supreme Court of the United States decided in 1997. I will begin by describing this case; then comment on its implications for the Supreme Court's conception of the jury, and conclude by examining the agenda one may draw from it for empirical jury research. Old Chief arose when Johnny Lynn Old Chief was charged not only with assault with a dangerous weapon and using a firearm in the commission of a crime of violence, but also with violating a law that precludes convicted felons from possessing …
Would A Market-Based Test Clarify Entrapment?, Roger C. Park
Would A Market-Based Test Clarify Entrapment?, Roger C. Park
Faculty Scholarship
No abstract provided.
Iola And Daubert, Leon D. Lazer
Iola And Daubert (Symposium: The Supreme Court And Local Government Law: The 1997-98 Term), Leon D. Lazer
Iola And Daubert (Symposium: The Supreme Court And Local Government Law: The 1997-98 Term), Leon D. Lazer
Scholarly Works
No abstract provided.
Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer
Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer
Faculty Publications
No abstract provided.
The Extension Of The Bruton Rule At The Expense Of Judicial Efficiency In Gray V. Maryland, Richard F. Dzubin
The Extension Of The Bruton Rule At The Expense Of Judicial Efficiency In Gray V. Maryland, Richard F. Dzubin
University of Richmond Law Review
"An argument broke out between [Kevin] and Stacey in the 500 block of Louden Avenue. Stacey got smacked and then ran into Wildwood Parkway. Me, [Kevin], and a few other guys ran after Stacey .... We beat Stacey up."
On Generalizations I: A Preliminary Exploration, Terence J. Anderson
On Generalizations I: A Preliminary Exploration, Terence J. Anderson
Articles
No abstract provided.
Agostini V. Felton: Shifting The Evidentiary Burden In Establishment Clause Challenges Back To The Plaintiff, Brian Saccenti
Agostini V. Felton: Shifting The Evidentiary Burden In Establishment Clause Challenges Back To The Plaintiff, Brian Saccenti
Maryland Law Review
No abstract provided.
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.
Inevitable Discovery In Washington State And The Unreasonable "Reasonableness" Requirement, David Seaver
Inevitable Discovery In Washington State And The Unreasonable "Reasonableness" Requirement, David Seaver
Seattle University Law Review
This Comment will examine the substantial differences between Division One's current version of inevitable discovery and that adopted by the U.S. Supreme Court in Nix, which is still the only version affirmatively accepted by the Washington Supreme Court. Having distinguished the differences, this Comment ultimately suggests an amalgamation of the most desirable parts of each version of the inevitable discovery exception. The author proposes that the "reasonableness" element demanded by Division One is duplicative and unnecessarily burdensome on the prosecution. The version proposed by this Comment recognizes the potential benefits to the search for truth and to the societal …
Apology Excepted: Incorporating A Feminist Analysis Into Evidence Policy Where You Would Least Expect It, Aviva A. Orenstein
Apology Excepted: Incorporating A Feminist Analysis Into Evidence Policy Where You Would Least Expect It, Aviva A. Orenstein
Articles by Maurer Faculty
No abstract provided.
Balancing The Scales After Evidence Is Spoiled: Does Pennsylvania's Approach Sufficiently Protect The Injured Party, Cecilia Hallinan
Balancing The Scales After Evidence Is Spoiled: Does Pennsylvania's Approach Sufficiently Protect The Injured Party, Cecilia Hallinan
Villanova Law Review
No abstract provided.
Confessions, Search And Seizure And The Rehnquist Court, Yale Kamisar
Confessions, Search And Seizure And The Rehnquist Court, Yale Kamisar
Articles
About the time William Rehnquist ascended to the Chief Justiceship of the United States, two events occurred that increased the likelihood that Miranda would enjoy a long life. In Moran v. Burbine,' a 6-3 majority held that a confession preceded by an otherwise valid waiver of a suspect's Miranda rights should not be excluded either (a) because the police misled an inquiring attorney when they told her they were not going to question the suspect she called about or (b) because the police failed to inform the suspect of the attorney's efforts to reach him.
The Standard Of Appellate Review For Scientific Evidence: Beyond Joiner And Scheffer, Randolph N. Jonakait
The Standard Of Appellate Review For Scientific Evidence: Beyond Joiner And Scheffer, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
Regulating The Market For Snitches , Ian Weinstein
Regulating The Market For Snitches , Ian Weinstein
Faculty Scholarship
These are boom times for the sellers and buyers of cooperation in the federal criminal justice system. While prosecutors have always welcomed the assistance of snitches, tougher federal sentencing laws have led to a significant increase in cooperation as more defendants try to provide "substantial assistance in the investigation or prosecution of another person," to have some chance of receiving a significant sentence reduction. In 1996 one of every five defendants sentenced in the federal courts won mitigation by providing substantial assistance. Many more defendants tried but failed to close the deal. The overheated cooperation market is creating serious problems …
Taking Notes: Subpoenas And Just Compensation, Gary S. Lawson
Taking Notes: Subpoenas And Just Compensation, Gary S. Lawson
Faculty Scholarship
Few cases from the October 1997 Supreme Court term received as much public attention as Swidler & Berlin v United States, which held that the attorney-client privilege survives the death of the client in federal criminal proceedings. If one focuses solely on the issue actually decided in the case, that degree of attention is surprising. The issue had not generated a split among the federal circuits, and there were relatively few decisions-federal or state-squarely on point. The Court's holding was thus unlikely to have a major impact on American law; the paucity of prior case law demonstrates that the question …
The Parent-Child Testimonial Privilege - Has The Time For It Finally Arrived, Amee A. Shah
The Parent-Child Testimonial Privilege - Has The Time For It Finally Arrived, Amee A. Shah
Cleveland State Law Review
Academics and courts in the United States have been grappling with the issue of compelled parent or child testimony for more than twenty-five years. This article uses the bills of the late-1990s proposed in the House and Senate to analyze the parent-child privilege debate. First, this article will discuss the history of the parent-child privilege. Next, the proposed bills will be evaluated to determine their effectiveness in achieving their goals and in resolving the debate. This article will then discuss the effects that the passage or nonpassage of these bills (particularly the House bill) would have. Finally, this article proposes …
Interpretation Of The Kentucky Rules Of Evidence—What Happened To The Common Law?, Robert G. Lawson
Interpretation Of The Kentucky Rules Of Evidence—What Happened To The Common Law?, Robert G. Lawson
Law Faculty Scholarly Articles
The Kentucky Rules of Evidence, which became effective on July 1, 1992, dramatically transformed the method by which lawyers and judges address evidence issues. Before the adoption of the Rules, the law of evidence consisted mostly of a vast collection of common law rulings, accumulated over two centuries and inaccessible to lawyers and judges for all practical purposes. In addressing an evidence issue, participants had to first deal with the problem of "finding" the law-distilling from a morass of conflicting common law precedents the ones applicable to the issue at hand, a task regularly producing contention rather than agreement and, …
Confrontation Confronted, Richard D. Friedman, Margaret A. Berger, Steven R. Shapiro
Confrontation Confronted, Richard D. Friedman, Margaret A. Berger, Steven R. Shapiro
Articles
The following article is an edited version of the amicus curiae brief filed with the Supreme Court of the United States in the October Term, 1998, in the case of Benjamin Lee Lilly v. Commonwealth of Virginia (No. 98-5881). "This case raises important questions about the meaning of the confrontation clause, which has been a vital ingredient of the fair trial right for hundreds of years," Professor Richard Friedman and his co-authors say. "In particular, this case presents the Court with an opportunity to reconsider the relationship between the confrontation clause and the law of hearsay." On June 10 the …
Interpretation Of The Kentucky Rules Of Evidence--What Happened To The Common Law?, Robert G. Lawson
Interpretation Of The Kentucky Rules Of Evidence--What Happened To The Common Law?, Robert G. Lawson
Kentucky Law Journal
No abstract provided.
The Three Threats To Miranda, Yale Kamisar
The Three Threats To Miranda, Yale Kamisar
Articles
Miranda v. Arizona (1966) was the centerpiece of the Warren Court's "revolution" in American criminal procedure. Moreover, as Professor Stephen Schulhofer of the University of Chicago Law School has recently noted, a numbir of the Miranda safeguards "have now become entrenched in the interrogation procedures of many countries around the world." But Miranda is in serious trouble at home.
Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross
Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross
Articles
In case after case, erroneous conviction for capital murder has been proven. I contend that these are not disconnected accidents, but systematic consequences of the nature of homicice prosecution in the general and capital prosecution in particular - that in this respect, as in others, death distorts and undermines the course of the law.
Dna Database Searches And The Legal Consumption Of Scientific Evidence, Peter Donnelly, Richard D. Friedman
Dna Database Searches And The Legal Consumption Of Scientific Evidence, Peter Donnelly, Richard D. Friedman
Articles
DNA evidence has transformed the proof of identity in criminal litigation, but it has also introduced daunting problems of statistical analysis into the process. In this Article, we analyze a problem related to DNA evidence that is likely to be of great and increasing significance in the near future. This is the problem of whether, and how, to present evidence that the suspect has been identified through a DNA database search. In our view, the two well-known reports on DNA evidence issued by the National Research Council ("NRC"), each of which has carried great authority with the American courts on …
Funny Thing Happened On The Way To The Courtroom: Spoilation Of Evidence In Illinois, 32 J. Marshall L. Rev. 325 (1999), Kristin Adamski
Funny Thing Happened On The Way To The Courtroom: Spoilation Of Evidence In Illinois, 32 J. Marshall L. Rev. 325 (1999), Kristin Adamski
UIC Law Review
No abstract provided.
When To Hear The Hearsay: A Proposal For A New Rule Of Evidence Designed To Protect The Constitutional Right Of The Criminally Accused To Confront The Witnesses Against Her, 32 J. Marshall L. Rev. 1287 (1999), Scott A. Smith
UIC Law Review
No abstract provided.
Right To Inspect And Test Breath Alcohol Machines: Suspicion Ain't Proof, 33 J. Marshall L. Rev. 1 (1999), Gil Sapir, Mark Giangrande
Right To Inspect And Test Breath Alcohol Machines: Suspicion Ain't Proof, 33 J. Marshall L. Rev. 1 (1999), Gil Sapir, Mark Giangrande
UIC Law Review
No abstract provided.