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Articles 661 - 690 of 5793
Full-Text Articles in Law
Recent Developments Concerning Similar Fact Evidence In Singapore: Pushing The Boundaries Of Admissibility – Pp V Ranjit Singh Gill Menjeet Singh [2017] 3 Slr 66; Micheal Anak Garing V Pp [2017] 1 Slr 748, Eunice Chua
Research Collection Yong Pung How School Of Law
This piece addressestwo recent local decisions on similar fact evidence that demonstratethe court’s difficulties with reconciling the provisions of the Evidence Actwith a more flexible approach that can be developed through the common law.These two cases extend the basis for admitting similar fact evidence beyond ss11(b), 14 and 15 of the Evidence Act.The application of the common law balancing test comparing prejudicial effectand probative value has also been broadened to consider factors such as the timingof the objection to the evidence and whether a co-accused wishes to rely on thesimilar fact evidence. Yet, the cases do not discuss the conceptual …
Innovating Criminal Justice, Natalie Ram
Innovating Criminal Justice, Natalie Ram
Northwestern University Law Review
From secret stingray devices that can pinpoint a suspect’s location, to advanced forensic DNA-analysis tools, to recidivism risk statistic software—the use of privately developed criminal justice technologies is growing. So too is a concomitant pattern of trade secret assertion surrounding these technologies. This Article charts the role of private law secrecy in shielding criminal justice activities, demonstrating that such secrecy is pervasive, problematic, and ultimately unnecessary for the production of well-designed criminal justice tools.
This Article makes three contributions to the existing literature. First, the Article establishes that trade secrecy now permeates American criminal justice, shielding privately developed criminal justice …
Clearly Unconvincing: How Heightened Evidentiary Standards In Judicial Bypass Hearings Create An Undue Burden Under Whole Woman's Health, Haley Hawkins
American University Law Review
No abstract provided.
The Contributions Of United Nations Security Council Resolutions To The Law Of Non-International Armed Conflict: New Evidence Of Customary International Law, Gregory H. Fox, Isaac Jenkins, Kristen E. Boon
The Contributions Of United Nations Security Council Resolutions To The Law Of Non-International Armed Conflict: New Evidence Of Customary International Law, Gregory H. Fox, Isaac Jenkins, Kristen E. Boon
Law Faculty Research Publications
No abstract provided.
Buck V. Davis: Anti-Discriminatory Principles In Habeas Corpus Cases, Daniella Rubin
Buck V. Davis: Anti-Discriminatory Principles In Habeas Corpus Cases, Daniella Rubin
Loyola of Los Angeles Law Review
No abstract provided.
A Forensic Analysis Of Pulmonary Embolism And Its Missing Link: Causation, William Price
A Forensic Analysis Of Pulmonary Embolism And Its Missing Link: Causation, William Price
Dissertations and Honors Papers
This paper explores the use of forensics outside of the criminal context, specifically in regard to pulmonary emboli. This paper will analyze what pulmonary embolism are, how they interact with the rest of the body, what causes them, and the legal considerations that arise because of them. Pulmonary embolism is common and deadly, making them a subject in a vast amount of medical malpractice litigation. This paper aims to educate the public and attorneys as to how this condition can be prevented and how to prove pulmonary embolism in civil suits regarding claims of malpractice.
2017 Symposium Discussion: The Life Of An Immigration Attorney, Cori Alonso-Yoder
2017 Symposium Discussion: The Life Of An Immigration Attorney, Cori Alonso-Yoder
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0, Jennifer Daskal
Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
On March 23, President Trump signed the CLOUD Act, 1 thereby mooting one of the most closely watched Supreme Court cases this term: the Microsoft Ireland case. 2 This essay examines these extraordinary and fast-moving developments, explaining how the Act resolves the Supreme Court case and addresses the complicated questions of jurisdiction over data in the cloud. The developments represent a classic case of international lawmaking via domestic regulation, as mediated by major multinational corporations that manage so much of the world's data.
Mandating Meaningful Forensic Discovery: A Proposal To Fuel The Engine Of Truthfulness, Marjorie Mcdiarmid
Mandating Meaningful Forensic Discovery: A Proposal To Fuel The Engine Of Truthfulness, Marjorie Mcdiarmid
Faculty & Staff Scholarship
No abstract provided.
How Daubert And Its Progeny Have Failed Criminalistics Evidence And A Few Things The Judiciary Could Do About It, David H. Kaye
How Daubert And Its Progeny Have Failed Criminalistics Evidence And A Few Things The Judiciary Could Do About It, David H. Kaye
Journal Articles
A recent report of the President’s Council of Advisors on Science and Technology questioned the validity of several types of criminalistics identification evidence and recommended “a best practices manual and an Advisory Committee note, providing guidance to Federal judges concerning the admissibility under Rule 702 of expert testimony based on forensic feature-comparison methods.” This article supplies information on why and how judicial bodies concerned with possible rules changes—and courts applying the current rules—can improve their regulation of criminalistics identification evidence. First, it describes how courts have failed to faithfully apply Daubert v. Merrell Dow Pharmaceutical’s criteria for scientific validity to …
Firearm-Mark Evidence: Looking Back And Looking Ahead, David H. Kaye
Firearm-Mark Evidence: Looking Back And Looking Ahead, David H. Kaye
Journal Articles
This article, written as a contribution to a festschrift for Paul Giannelli, surveys the development of the law on one type of feature-matching evidence that repeatedly attracted Professor Giannelli’s attention — “firearm-mark evidence.” By inspecting toolmarks on bullets or spent cartridge cases, firearms examiners can supply valuable information on whether a particular gun fired the ammunition in question. But the limits on this information have not always been respected in court, and a growing number of opinions have tried to address this fact.
The article explains how the courts have moved from a position of skepticism of the ability of …
Petition For Writ Of Certiorari, Montana V. Tipton, Leslie C. Griffin, Marci A. Hamilton, Paul G. Cassell
Petition For Writ Of Certiorari, Montana V. Tipton, Leslie C. Griffin, Marci A. Hamilton, Paul G. Cassell
Supreme Court Briefs
No abstract provided.
Hearsay And Abuse: Where Past Is Present, The Hon. Andrea M. Leahy, Jared A. Mclain Esq.
Hearsay And Abuse: Where Past Is Present, The Hon. Andrea M. Leahy, Jared A. Mclain Esq.
University of Baltimore Law Review
No abstract provided.
Common Sense On Standards Of Proof, Kevin M. Clermont
Common Sense On Standards Of Proof, Kevin M. Clermont
Cornell Law Faculty Publications
The law speaks clearly on the standards of proof, but listeners often misunderstand its words. This article tries, with some common sense and a modicum of multivalent logic, to explain how the law expects its standards to be applied, and then to show how the law thereby avoids such complications as the conjunction paradox.
First, in accordance with belief function theory, the factfinder should start at zero belief. Given imperfect evidence, the factfinder will end up retaining a fair amount of uncommitted belief. As evidence comes in, though, the factfinder will form a belief in the truth of the disputed …
User-Generated Evidence, Rebecca Hamilton
User-Generated Evidence, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
Around the world, people are using their smartphones to document atrocities. This Article is the first to address the implications of this important development for international criminal law. While acknowledging the potential benefits such user-generated evidence could have for international criminal investigations, the Article identifies three categories of concern related to its use: (i) user security; (ii) evidentiary bias; and (iii) fair trial rights. In the absence of safeguards, user-generated evidence may address current problems in international criminal justice at the cost of creating new ones and shifting existing problems from traditional actors, who have institutional backing, to individual users …
The Technologies Of Race: Big Data, Privacy And The New Racial Bioethics, Christian Sundquist
The Technologies Of Race: Big Data, Privacy And The New Racial Bioethics, Christian Sundquist
Articles
Advancements in genetic technology have resurrected long discarded conceptualizations of “race” as a biological reality. The rise of modern biological race thinking – as evidenced in health disparity research, personal genomics, DNA criminal forensics, and bio-databanking - not only is scientifically unsound but portends the future normalization of racial inequality. This Article articulates a constitutional theory of shared humanity, rooted in the substantive due process doctrine and Ninth Amendment, to counter the socio-legal acceptance of modern genetic racial differentiation. It argues that state actions that rely on biological racial distinctions undermine the essential personhood of individuals subjected to such taxonomies, …
A Tale Of Two Standards: Why Wyoming Courts Should Apply The Actual Substantial Evidence Standard When Reviewing Workers’ Compensation Cases, Michael C. Duff
A Tale Of Two Standards: Why Wyoming Courts Should Apply The Actual Substantial Evidence Standard When Reviewing Workers’ Compensation Cases, Michael C. Duff
All Faculty Scholarship
In Wyoming, as in almost all states, facts in contested workers’ compensation cases are developed within an administrative agency. When agency factual findings are challenged in court, the level of judicial deference applied to the agency is important and may be outcome determinative. Wyoming courts claim to apply the “substantial evidence” standard of review, often expressed as evidence that a “reasonable mind could accept” as supporting an agency determination. The Wyoming Supreme Court, however, also sometimes upholds workers’ compensation agency decisions that are deemed “not contrary to the overwhelming weight of the evidence.” It is unclear whether this latter formulation …
Touch Dna And Chemical Analysis Of Skin Trace Evidence: Protecting Privacy While Advancing Investigations, Mary Graw Leary
Touch Dna And Chemical Analysis Of Skin Trace Evidence: Protecting Privacy While Advancing Investigations, Mary Graw Leary
Scholarly Articles
Forensic science transforms criminal investigations by resolving previously unsolvable cases and bringing an increased sense of justice to communities. This application of scientific disciplines to legal questions aids investigators in solving crimes. While many sciences can be utilized—such as physics (pattern evidence), chemistry (toxicology), or biology (cause of death), to name a few—two aspects of scientific advancement have played an outsized role in responding to crime. Trace evidence analysis—specifically, deoxyribonucleic acid (DNA) analysis—is an essential component to an effective and accurate criminal justice system. DNA evidence has emerged as a powerful tool to identify perpetrators of unspeakable crimes and to …
Introduction: Symposium On “Forensics, Statistics, And Law”, Brandon L. Garrett
Introduction: Symposium On “Forensics, Statistics, And Law”, Brandon L. Garrett
Faculty Scholarship
No abstract provided.
Challenges Facing Judges Regarding Expert Evidence In Criminal Cases, Paul W. Grimm
Challenges Facing Judges Regarding Expert Evidence In Criminal Cases, Paul W. Grimm
Faculty Scholarship
No abstract provided.
Admissibility And Constitutional Issues Of The Concealed Information Test In American Courts: An Update, John B. Meixner Jr.
Admissibility And Constitutional Issues Of The Concealed Information Test In American Courts: An Update, John B. Meixner Jr.
Scholarly Works
The use of physiological tools to detect incidentally acquired concealed knowledge about crime-related information has been a controversial and well-researched topic among scholars for well over 100 years. This chapter focuses on potential legal hurdles for courtroom use of concealed information tests, including admissibility issues and constitutional issues under the Fourth and Fifth Amendments to the US Constitution.
The "Primary Purpose" Of Children's Advocacy Centers: How Ohio V. Clark Revolutionized Children's Hearsay, Andrew Lentz
The "Primary Purpose" Of Children's Advocacy Centers: How Ohio V. Clark Revolutionized Children's Hearsay, Andrew Lentz
Roger Williams University Law Review
No abstract provided.
What Humility Isn’T: Responsibility And The Judicial Role, Benjamin Berger
What Humility Isn’T: Responsibility And The Judicial Role, Benjamin Berger
Articles & Book Chapters
In recent years, academic literature has given some attention to humility as an important adjudicative principle or virtue. Drawing inspiration from a Talmudic tale, this chapter suggests that the picture of judicial humility painted in this literature is not only incomplete, but even potentially dangerous so. Seeking to complete the picture of what this virtue might entail, this piece explores the idea that humility is found in awareness of one’s position and role in respect of power, and a willingness to accept the burdens of responsibility that flow from this. The chapter examines elements of Chief Justice McLachlin’s criminal justice …
Deconstructing The Epistemic Challenges To Mass Atrocity Prosecutions, Nancy Amoury Combs
Deconstructing The Epistemic Challenges To Mass Atrocity Prosecutions, Nancy Amoury Combs
Faculty Publications
Mass atrocity prosecutions are credited with advancing a host of praiseworthy objectives. They are believed to impose much-needed retribution, deter future atrocities, and affirm the rule of law in previously lawless societies. However, mass atrocity prosecutions will accomplish none of these laudable ends unless they are able to find accurate facts. Convicting the appropriate individuals of the appropriate crimes is a necessary and foundational condition for the success of mass atrocity prosecutions. But it is a condition that is frequently difficult to meet, as mass atrocity prosecutions are often bedeviled by pervasive and invidious obstacles to accurate fact-finding. This Article …
Why Courts Fail To Protect Privacy: Race, Age, Bias, And Technology, Bernard Chao, Catherine Durso, Ian Farrell, Christopher Robertson
Why Courts Fail To Protect Privacy: Race, Age, Bias, And Technology, Bernard Chao, Catherine Durso, Ian Farrell, Christopher Robertson
Sturm College of Law: Faculty Scholarship
The Fourth Amendment protects against unreasonable “searches and seizures,” but in the digital age of stingray devices and IP tracking, what constitutes a search or seizure? The Supreme Court has held that the threshold question depends on and reflects the “reasonable expectations” of ordinary members of the public concerning their own privacy. For example, the police now exploit the “third party” doctrine to access data held by email and cell phone providers, without securing a warrant, on the Supreme Court’s intuition that the public has no expectation of privacy in that information. Is that assumption correct? If judges’ intuitions about …
Unlocking The Fifth Amendment: Passwords And Encrypted Devices, Laurent Sacharoff
Unlocking The Fifth Amendment: Passwords And Encrypted Devices, Laurent Sacharoff
Sturm College of Law: Faculty Scholarship
Each year, law enforcement seizes thousands of electronic devices — smartphones, laptops, and notebooks — that it cannot open without the suspect’s password. Without this password, the information on the device sits completely scrambled behind a wall of encryption. Sometimes agents will be able to obtain the information by hacking, discovering copies of data on the cloud, or obtaining the password voluntarily from the suspects themselves. But when they cannot, may the government compel suspects to disclose or enter their password?
This Article considers the Fifth Amendment protection against compelled disclosures of passwords — a question that has split and …
Whether The Bright-Line Cut-Off Rule And The Adversarial Expert Explanation Of Adaptive Functioning Exacerbates Capital Juror Comprehension Of The Intellectual Disability, Leona Deborah Jochnowitz
Whether The Bright-Line Cut-Off Rule And The Adversarial Expert Explanation Of Adaptive Functioning Exacerbates Capital Juror Comprehension Of The Intellectual Disability, Leona Deborah Jochnowitz
Touro Law Review
No abstract provided.
Diamonds In The Rough: A Review Of Tiffany V. Costco And A Call To Apply Daubert To The Admissibility Of Consumer Survey Evidence In Trademark Infringement Litigation, Michael J. Borger
Diamonds In The Rough: A Review Of Tiffany V. Costco And A Call To Apply Daubert To The Admissibility Of Consumer Survey Evidence In Trademark Infringement Litigation, Michael J. Borger
Touro Law Review
No abstract provided.
Why Not Believe Women In Sexual Assault Cases?: An Engagement With Professors Tuerkheimer, Colb, And Many Others, Dan Subotnik
Why Not Believe Women In Sexual Assault Cases?: An Engagement With Professors Tuerkheimer, Colb, And Many Others, Dan Subotnik
Touro Law Review
No abstract provided.
Surprise Vs. Probability As A Metric For Proof, Edward K. Cheng, Matthew Ginther
Surprise Vs. Probability As A Metric For Proof, Edward K. Cheng, Matthew Ginther
Vanderbilt Law School Faculty Publications
In this Symposium issue celebrating his career, Professor Michael Risinger in Leveraging Surprise proposes using "the fundamental emotion of surprise" as a way of measuring belief for purposes of legal proof. More specifically, Professor Risinger argues that we should not conceive of the burden of proof in terms of probabilities such as 51%, 95%, or even "beyond a reasonable doubt." Rather, the legal system should reference the threshold using "words of estimative surprise" -asking jurors how surprised they would be if the fact in question were not true. Toward this goal (and being averse to cardinality), he suggests categories such …