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Full-Text Articles in Law

The Use Of Technical Experts In Software Copyright Cases: Rectifying The Ninth Circuit’S “Nutty” Rule, Shyamkrishna Balganesh, Peter S. Menell Jan 2021

The Use Of Technical Experts In Software Copyright Cases: Rectifying The Ninth Circuit’S “Nutty” Rule, Shyamkrishna Balganesh, Peter S. Menell

Faculty Scholarship

Courts have long been skeptical about the use of expert witnesses in copyright cases. More than four decades ago, and before Congress extended copyright law to protect computer software, the Ninth Circuit in Krofft Television Productions, Inc. v. McDonald’s Corp. ruled that expert testimony was inadmissible to determine whether Mayor McCheese and the merry band of McDonald’s characters infringed copyright protection for Wilhelmina W. Witchiepoo and the other imaginative H.R. Pufnstuf costumed characters. Since the emergence of software copyright infringement cases in the 1980s, substantially all software copyright cases have permitted expert witnesses to aid juries in understanding software code. …


Law School News: Rwu Law Professors, Aclu Seek Release For All Ice Detainees At Wyatt 05-18-2020, Roger Williams University School Of Law May 2020

Law School News: Rwu Law Professors, Aclu Seek Release For All Ice Detainees At Wyatt 05-18-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Law School News: Rwu Law Professors Win Release For Two Immigrants At Risk For Covid-19 04-24-2020, Roger Williams University School Of Law Apr 2020

Law School News: Rwu Law Professors Win Release For Two Immigrants At Risk For Covid-19 04-24-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Law School News: Rwu Law Professors File Emergency Covid-19 Lawsuit 04-12-2020, Michael M. Bowden Apr 2020

Law School News: Rwu Law Professors File Emergency Covid-19 Lawsuit 04-12-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Newsroom: Kuckes On Legal Fees Ruling 7/20/2016, Sheri Qualters, Roger Williams University School Of Law Jul 2016

Newsroom: Kuckes On Legal Fees Ruling 7/20/2016, Sheri Qualters, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Navigating Some Deep And Troubled Jurisprudential Waters: Lawyer–Expert Witnesses And The Twin Dangers Of Disguised Testimony And Disguised Advocacy, W. William Hodes May 2016

Navigating Some Deep And Troubled Jurisprudential Waters: Lawyer–Expert Witnesses And The Twin Dangers Of Disguised Testimony And Disguised Advocacy, W. William Hodes

St. Mary's Journal on Legal Malpractice & Ethics

Expert testimony is indispensable to the uniquely American system of adversary justice. Without the assistance of expert witnesses with specialized knowledge, based on either science or experience and practice, jury verdicts would often be the result of pure whim and prejudice, or random and arbitrary decision-making. At the same time, the use of compensated, partisan expert witnesses poses significant dangers to the fair and just determination of disputes. This Article examines the enhanced dangers that can appear when the expert witness is a lawyer, chiefly the pervasive use of “disguised testimony” and “disguised advocacy.” The Article concludes with some suggestions …


Legal Beagle's Blog Archive For November 2015, Roger Williams University School Of Law Nov 2015

Legal Beagle's Blog Archive For November 2015, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Visual Jurisprudence, Richard Sherwin Jan 2013

Visual Jurisprudence, Richard Sherwin

Articles & Chapters

Lawyers, judges, and jurors face a vast array of visual evidence and visual argument inside the contemporary courtroom. From videos documenting crimes and accidents to computer displays of their digital simulation, increasingly, the search for fact-based justice is becoming an offshoot of visual meaning making. But when law migrates to the screen it lives there as other images do, motivating belief and judgment on the basis of visual delight and unconscious fantasies and desires as well as actualities. Law as image also shares broader cultural anxieties concerning not only the truth of the image, but also the mimetic capacity itself, …


Dedicatory Address: The Art Of A Jury Trial, Louis Nizer Nov 2012

Dedicatory Address: The Art Of A Jury Trial, Louis Nizer

Pepperdine Law Review

No abstract provided.


Misinterpreted Justice: Problems With The Use Of Islamic Legal Experts In U.S. Trial Courts, Peter W. Beauchamp Jan 2011

Misinterpreted Justice: Problems With The Use Of Islamic Legal Experts In U.S. Trial Courts, Peter W. Beauchamp

NYLS Law Review

No abstract provided.


The Facts Of A Case, Irving Younger Oct 1980

The Facts Of A Case, Irving Younger

University of Arkansas at Little Rock Law Review

No abstract provided.


Evidence, Roslyn M. Litman Jan 1965

Evidence, Roslyn M. Litman

Scholarship

This article is not intended to constitute a comprehensive review of all evidence cases decided in Pennsylvania in the past ten years. The cases selected, of necessity, have been limited. They have been chosen because they affect either a field of special interest or one of special confusion. Cases dealing with applications of the parol evi­dence rule and with constitutional issues in criminal prosecutions have been omitted entirely because they are covered elsewhere in this Survey.


Discovery Before Trial, George Ragland Jr. Jan 1932

Discovery Before Trial, George Ragland Jr.

Michigan Legal Studies Series

The purpose of this volume is to present in a convenient and usable form a comparative study of the expedients which are being employed in various American and English jurisdictions for the purpose of facilitating pre-trial practice, to describe the practical operation of the different devices, and to show their effect upon the general administration of justice. An analysis of the statutory and case law has been combined with data which shows the practical operation of the procedure in the everyday work of the lawyer and judge. Field studies were made by the author in different cities of the following …


Privileged Communication Between Attorney And Client-Question Of Whether The Relation Exists Left To Jury-Party Allowed To Assign Error On Ruling Violating The Privilege, Victor H. Lane Jan 1920

Privileged Communication Between Attorney And Client-Question Of Whether The Relation Exists Left To Jury-Party Allowed To Assign Error On Ruling Violating The Privilege, Victor H. Lane

Articles

This procedure was justified in the opinion in State v. Snook (Court of Errors and "Appeals of N. J., 1920), 109 Atl. 289. Snook was on trial for manslaughter charged as having been committed by the reckless driving of an automobile. After the act, Mimmick, one of the persons in the automobile, and afterward a witness for the defense, went to an attorney and had some conversation with him, the substance of which, as testified to by the attorney, was a recital by M. of what had occurred and an inquiry by him of the attorney as to what he …