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Full-Text Articles in Law
Models And Limits Of Federal Rule Of Evidence 609 Reform, Anna Roberts
Models And Limits Of Federal Rule Of Evidence 609 Reform, Anna Roberts
Vanderbilt Law Review
A Symposium focusing on Reimagining the Rules of Evidence at 50 makes one turn to the federal rule that governs one's designated topic--prior conviction impeachment--and think about how that rule could be altered. Part I of this Article does just that, drawing inspiration from state models to propose ways in which the multiple criticisms of the existing federal rule might be addressed. But recent scholarship by Alice Ristroph, focusing on ways in which criminal law scholars talk to their students about "the rules," gives one pause. Ristroph identifies a pedagogical tendency to erase the many humans who turn rules into …
Forensic Microbiome Evidence: Fourth Amendment Applications And Court Acceptance, Trason Lasley
Forensic Microbiome Evidence: Fourth Amendment Applications And Court Acceptance, Trason Lasley
Catholic University Journal of Law and Technology
No abstract provided.
Rapt Admissions: Comparing Proposed Federal Rule Of Evidence 416 “Rap Shield” With The Rule 412 “Rape Shield”, Patience Tyne
Rapt Admissions: Comparing Proposed Federal Rule Of Evidence 416 “Rap Shield” With The Rule 412 “Rape Shield”, Patience Tyne
Vanderbilt Journal of Entertainment & Technology Law
Creative expression depicting illicit activity can cause jurors to infer improper conclusions about a defendant, even when the jurors attempt to analyze such evidence objectively. When the government seeks to admit a defendant’s creative work into evidence in a criminal trial, courts use existing evidentiary rules to balance the work’s probative value against its risk of unfair prejudice. These rules are supposed to prevent unfair prejudice, but various scholars have shown that courts do not always appreciate how unfairly prejudicial art can be. Rap music presents unique challenges because jurors may fail to discern the work’s literal versus symbolic meaning. …