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Articles 1 - 14 of 14
Full-Text Articles in Law
Supreme Court, New York County, People V. Vasquez, Jessica Goodwin
Supreme Court, New York County, People V. Vasquez, Jessica Goodwin
Touro Law Review
No abstract provided.
Appellate Division, First Department, People V. Bradley, Kathleen Egan
Appellate Division, First Department, People V. Bradley, Kathleen Egan
Touro Law Review
No abstract provided.
An Unappealing Decision For New York Dwi Defendants - People V. Pealer, Christopher Gavin
An Unappealing Decision For New York Dwi Defendants - People V. Pealer, Christopher Gavin
Touro Law Review
No abstract provided.
It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier
It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier
Touro Law Review
No abstract provided.
Harnessing The Hired Guns: The Substantive Nature Of Ohio Revised Code 2743.43 Under Article Iv, Section 5(B) Of The Ohio Constitution, Patrick Vrobel
Harnessing The Hired Guns: The Substantive Nature Of Ohio Revised Code 2743.43 Under Article Iv, Section 5(B) Of The Ohio Constitution, Patrick Vrobel
Journal of Law and Health
Under Article IV, Section 5(B), rules of procedure that impact the substantive rights of Ohio citizens are considered far too important to be encroached upon by the judiciary. Rules affecting substantive rights, therefore, have been expressly delegated to the legislature. Because rules that regulate the competency of medical experts inevitably encroach upon the ability of a tort victim to seek redress in a court of law, such rules impact substantive rights in very real and tangible ways. As a result, the medical expert statute must control. To find otherwise would permit the judiciary to encroach upon the substantive rights of …
Removing The Roadblocks To Successful Domestic Violence Prosecutions: Prosecutorial Use Of Expert Testimony On The Battered Woman Syndrome In Ohio, Matthew P. Hawes
Removing The Roadblocks To Successful Domestic Violence Prosecutions: Prosecutorial Use Of Expert Testimony On The Battered Woman Syndrome In Ohio, Matthew P. Hawes
Cleveland State Law Review
This note contends that Ohio should join the modern trend and allow expert testimony on the battered woman syndrome in a limited form in domestic violence prosecutions. Part II of this note explores the syndrome and its origins. Part III provides background on the evidentiary uses of the syndrome in Ohio. It discusses the emergence of the battered woman syndrome in Ohio courts, and then examines the unsuccessful initial attempts by prosecutors in Ohio to use expert testimony on the syndrome.Part IV looks at how several jurisdictions outside of Ohio have addressed this issue. Part V presents the argument that …
The Ohio Rules Of Evidence: Part Iii, Paul C. Giannelli
The Ohio Rules Of Evidence: Part Iii, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Ohio Rules Of Evidence: Part Ii, Paul C. Giannelli
The Ohio Rules Of Evidence: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Ohio Rules Of Evidence: Part V, Paul C. Giannelli
The Ohio Rules Of Evidence: Part V, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Ohio Rules Of Evidence: Part Iv, Paul C. Giannelli
The Ohio Rules Of Evidence: Part Iv, Paul C. Giannelli
Faculty Publications
No abstract provided.
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.
Practice And Procedure - Direction Of Verdict - Scintilla Rule
Practice And Procedure - Direction Of Verdict - Scintilla Rule
Michigan Law Review
In an action to recover from the defendant gas company damage to the plaintiff's building caused by a gas explosion resulting from a defective pipe, the plaintiff's only evidence to prove the defendant's duty to repair it was that the pipe was used exclusively for the conveyance of the defendant's gas, and that the meters to which the pipe was connected were owned and controlled by the defendant. The trial court, by virtue of the scintilla rule, submitted the case to the jury which rendered a verdict for the plaintiff. Held, the scintilla rule no longer prevails in Ohio, …
Presumptions - Constitutional Validity Of Statute Establishing Proof Of Reputation As Prima Facie Evidence Of Commission Of Crime
Michigan Law Review
The rise and sway of the gangster as a menace to American social and economic security has led, of late, to the employment of unique means of combating lawlessness. Faced by a tremendous increase in the difficulties lying in the path of those seeking the conviction of professional criminals for major crimes, the police and prosecutors often turn towards a means of fighting crime originally devised to make life uncomfortable for petty off enders. The enforcement of the pistol laws and the vagrancy statutes against millionaire gangsters, and repeated arrests on suspicion, have been resorted to as a means of …
Administrative Tribunals--Judicial Notice
Administrative Tribunals--Judicial Notice
Michigan Law Review
The plaintiff corporation, a retail distributor of gas, contracted for its supply over a three-year period from a service company, and filed its rate schedule with the public utilities commission. The commission ordered a lower rate, its order being based on files of schedules of other distributing companies, which were found to show that the plaintiff's contract was excessive and that a lower rate could have been contracted for. These files were not introduced into evidence, but the commission took notice of them as a matter of public record. Plaintiff petitioned for an injunction against enforcement of the order. Held …