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Full-Text Articles in Law
Evidentiary Considerations In Civil Cases, Lynn Mclain
Evidentiary Considerations In Civil Cases, Lynn Mclain
All Faculty Scholarship
Handout from a presentation at the Maryland Judicial Institute outlining character evidence and providing the text of the applicable Rules.
Modifying The Kentucky Rules Of Evidence—A Separation Of Powers Issue, Robert G. Lawson
Modifying The Kentucky Rules Of Evidence—A Separation Of Powers Issue, Robert G. Lawson
Law Faculty Scholarly Articles
How do you modify laws that simultaneously exist as statutes and rules of court? For reasons that are described elsewhere and need not be repeated here, the Kentucky Rules of Evidence (K.R.E.) came into existence through concurrent enactment by the General Assembly and Kentucky Supreme Court and thus are endowed with all the attributes of both statutes and rules of court. So, how do you change them when the inevitable need to do so arises, a question made both interesting and difficult by the fact that there is no institutional mechanism for concurrent lawmaking by the General Assembly and supreme …
Toward A Prudential And Credibility-Centered Parol Evidence Rule, Lawrence A. Cunningham
Toward A Prudential And Credibility-Centered Parol Evidence Rule, Lawrence A. Cunningham
Boston College Law School Faculty Papers
The most influential judicial voices on the parol evidence rule are Roger Traynor and Richard Posner. Traynor pieced together aspects of positions championed by the antipodal titans of contracts, Arthur Corbin and Samuel Williston. Posner cuts through tangled doctrinal webs to show how the unifying talisman of the doctrine is credibility. Everything in parol evidence rule doctrine, in this formulation, can be understood in terms of two categories of evidence: subjective and objective. While the Traynor composite blended aspects of the titans of contracts into an incoherent stew, the Posner composite unites the central theme of the titans' positions, holding …
Evidence Issues In Domestic Violence Civil Cases, Jane C. Murphy, Jane H. Aiken
Evidence Issues In Domestic Violence Civil Cases, Jane C. Murphy, Jane H. Aiken
All Faculty Scholarship
New laws and policies aimed at protecting victims of domestic violence have been adopted across the country over the last twenty years.The legal approaches taken to protect battered women and control family violence have resulted in significant changes in family law. New laws include statutes permitting civil protection or restraining orders, and laws requiring that domestic violence be considered in custody and/or visitation decisions. Both of these types of statutory reforms can provide protection to adult victims of domestic violence and their children. Evaluating a parent's fitness by considering past acts of violence to other family members results in decisions …
Expert Qualifications: Traps For The Unwary, Paul C. Giannelli
Expert Qualifications: Traps For The Unwary, Paul C. Giannelli
Faculty Publications
No abstract provided.
New Developments In Scientific Evidence, Paul C. Giannelli
New Developments In Scientific Evidence, Paul C. Giannelli
Faculty Publications
No abstract provided.
Keeping The Reformist Spirit Alive In Evidence Law Tribute, Stephen A. Saltzburg, Edward J. Imwinkelried
Keeping The Reformist Spirit Alive In Evidence Law Tribute, Stephen A. Saltzburg, Edward J. Imwinkelried
Faculty Scholarship
No abstract provided.
Balancing Hearsay And Criminal Discovery, John G. Douglass
Balancing Hearsay And Criminal Discovery, John G. Douglass
Law Faculty Publications
and prosecutors. Part I of this Article argues that the conventional theory of hearsaydiscovery balance does not reflect the reality of modem federal practice. An imbalance has arisen because, in the last quarter century, developments in the law of evidence and confrontation are at odds with developments-or one might say nondevelopments-in the law of criminal discovery. Since enactment of the Federal Rules of Evidence in 1975, both the law of evidence and modem Confrontation Clause doctrine have evolved toward broader admission of hearsay in criminal cases. Contrary to conventional theory, that evolution has at least matched-and probably has outpaced-the trend …