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The Use Of Aviation Accident Reports By Civil Litigants: The Historical Development Of 49 U.S.C. Section 1441(E), Walter A. T. Welch Jr., John E. Faulk Feb 2013

The Use Of Aviation Accident Reports By Civil Litigants: The Historical Development Of 49 U.S.C. Section 1441(E), Walter A. T. Welch Jr., John E. Faulk

Pepperdine Law Review

When aviation accidents occur, the National Transportation Safety Board conducts an investigation to determine the conditions, circumstances, and ultimately the probable cause of the accident. There is a federal statutory privilege which renders these reports, as well as testimony from the attending investigator, inadmissible as evidence in any suit or action arising from the accident. However, certain judicially created exceptions have arisen which permit portions of the report and certain investigator testimony to be admitted into evidence. The authors delineate and analyze these exceptions as they discuss the trend toward increased report and testimony admissibility. The authors conclude with a …


Logic, Not Evidence, Supports A Change In Expert Testimony Standards: Why Evidentiary Standards Promulgated By The Supreme Court For Scientific Expert Testimony Are Inappropriate And Inefficient When Applied In Patent Infringement Suits, Claire R. Rollor Jan 2013

Logic, Not Evidence, Supports A Change In Expert Testimony Standards: Why Evidentiary Standards Promulgated By The Supreme Court For Scientific Expert Testimony Are Inappropriate And Inefficient When Applied In Patent Infringement Suits, Claire R. Rollor

Journal of Business & Technology Law

No abstract provided.


The Sexual Innocence Inference Theory As A Basis For The Admissibility Of A Child Molestation Victim's Prior Sexual Conduct, Christopher B. Reid Feb 1993

The Sexual Innocence Inference Theory As A Basis For The Admissibility Of A Child Molestation Victim's Prior Sexual Conduct, Christopher B. Reid

Michigan Law Review

The sexual innocence inference refers to the thought process a jury follows when it hears a young child testify about sexual acts and matters that reveal an understanding of such acts beyond the capacity likely at his or her age. A jury is likely to assume that because the child is so young, he or she must be innocent of sexual matters. Shocked by the child's display on the witness stand, the jury may then infer that the child could have acquired such knowledge only if the charged offense of child molestation is true. To rebut this inference, a defendant …


Balancing The Right To Confrontation And The Need To Protect Child Sexual Abuse Victims: Are Statutes Authorizing Televised Testimony Serving Their Purpose?, Kimberley Seals Bressler Oct 1988

Balancing The Right To Confrontation And The Need To Protect Child Sexual Abuse Victims: Are Statutes Authorizing Televised Testimony Serving Their Purpose?, Kimberley Seals Bressler

Seattle University Law Review

This Comment begins by providing a brief outline of the procedures regulating the use of televised testimony. Next, against the larger backdrop of the history of the right to confrontation, Part III addresses the treatment of televised testimony as hearsay. This section presents a recent Maryland decision as an illustration of the undesirable analogy of televised testimony to hearsay that leads to a more difficult admission standard. Part III concludes with the argument that televised testimony is the functional equivalent of in-court testimony, and thus, a hearsay analysis is inappropriate. Part IV of this Comment presents a recent Supreme Court …


18 U.S.C. § 3501 And The Admissibility Of Confessions Obtained During Unnecessary Prearraignment Delay, Matthew W. Frank Aug 1986

18 U.S.C. § 3501 And The Admissibility Of Confessions Obtained During Unnecessary Prearraignment Delay, Matthew W. Frank

Michigan Law Review

Part I thus argues that the admissibility of post-sixth-hour confessions is governed by Mallory, under which a voluntary confession is inadmissible if, but only if, it follows a period of unnecessary delay. Part II addresses a possible objection to this conclusion - namely, that, with limited exceptions, subsection 350l(c) renders all post-sixth hour confessions inadmissible without regard to the reasonableness of the prearraignment delay. This interpretation is derived by negative implication from the proviso in subsection 350l(c) and would require courts to suppress confessions even though there has been no unnecessary delay, and even though the confessions would be …


The Need For A Liberal Business Entry Statute In Indiana Jan 1956

The Need For A Liberal Business Entry Statute In Indiana

Indiana Law Journal

No abstract provided.