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Selected Works

Selected Works

Evidence

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Full-Text Articles in Law

Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer Sep 2019

Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.

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Courtroom Technology: For Trial Lawyers The Future Is Now, Fredric I. Lederer Sep 2019

Courtroom Technology: For Trial Lawyers The Future Is Now, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.

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Ehearsay, Jeffrey Bellin Sep 2019

Ehearsay, Jeffrey Bellin

Jeffrey Bellin

No abstract provided.

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Bill Cosby, The Lustful Disposition Exception, And The Doctrine Of Chances, Wesley Oliver Nov 2015

Bill Cosby, The Lustful Disposition Exception, And The Doctrine Of Chances, Wesley Oliver

Wesley M Oliver

With the filing of criminal charges against Bill Cosby in a case involving one victim, the question attracting a great deal of attention is whether other victims will be allowed to testify for the prosecution. Yes is the likely answer but probably for the wrong reasons. Generally the prosecution is forbidden to introduce other bad acts by a defendant, but there are certain categorical exceptions. Under federal law, any prior sexual misconduct can be admitted in the prosecution of a sex crime case -- a notion that the drafters of the Federal Rules of Evidence borrowed from something called the …

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Are People Probabilistically Challenged? Book Review Of Daniel Kahneman, Thinking, Fast And Slow (2011), Alex Stein Mar 2013

Are People Probabilistically Challenged? Book Review Of Daniel Kahneman, Thinking, Fast And Slow (2011), Alex Stein

Alex Stein

Daniel Kahneman’s recent book, Thinking, Fast and Slow, is a must-read for any scholar and policymaker interested in behavioral economics. Thus far, behavioral economists did predominantly experimental work that uncovered discrete manifestations of people’s bounded rationality: representativeness, availability, anchoring, overoptimism, base-rate neglect, hindsight bias, loss aversion, and other misevaluations of probability and utility. This work has developed no causal explanations for these misevaluations. Kahneman’s book takes the discipline to a different level by developing an integrated theory of bounded rationality’s causes and characteristics. This theory holds that humans use two distinct modes of reasoning, intuitive (System 1) and deliberative (System …

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Truth-Bonding And Other Truth-Revealing Mechanisms For Courts, Robert D. Cooter, Winand Emons Feb 2003

Truth-Bonding And Other Truth-Revealing Mechanisms For Courts, Robert D. Cooter, Winand Emons

Robert Cooter

In trials witnesses often slant their testimony in order to advance their own in- terests. To obtain truthful testimony, the law relies on cross-examination under threat of prosecution for perjury. We show that perjury law is an imperfect truth- revealing mechanism. Moreover, we develop a truth-revealing mechanism for the same set of restrictions under which perjury rules operate. Under this mechanism the witness is sanctioned if a court eventually finds that the testimony was incor- rect; the court need not determine that testimony was dishonest. We explain how truth-revealing mechanisms could combat distortions of observations by factual witnesses and exaggerations …

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