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Full-Text Articles in Law
If . . .: Counterfactuals In The Law, Robert N. Strassfeld
If . . .: Counterfactuals In The Law, Robert N. Strassfeld
Faculty Publications
This Article considers some of the uses of counterfactuals in the law. Counterfactuals are a type of conditional statement. Conditional statements express the idea that something is or will be the case (the consequent), provided that some other situation is realized (the antecedent). Conditionals often take the form "if p then q", Counterfactuals are conditionals in which the author expresses the knowledge or belief that the antecedent is false.
"Other Acts” & Character Evidence: Part Ii, Paul C. Giannelli
"Other Acts” & Character Evidence: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
Dental And Bite Mark Evidence, Paul C. Giannelli
Dental And Bite Mark Evidence, Paul C. Giannelli
Faculty Publications
No abstract provided.
Causal Comparisons, Robert N. Strassfeld
Causal Comparisons, Robert N. Strassfeld
Faculty Publications
Focusing on the multiple meanings of the statement "A was a more important cause of C than was B," Professor Strassfeld considers the feasibility of comparative causation as a means of apportioning legal responsibility for harms He concludes that by combining two different interpretations of "more important cause"--judgments of comparative counterfactual similarity and the Uniform Comparative Fault Act approach of comparative responsibility-we can effectively make causal comparisons and avoid the effort to compare such incommensurables as the defendant's fault under a strict liability standard and the plain- tiff's fault for failure to exercise reasonable care
Nonrecourse Liabilities And Real Costs: A Reply To Professor Johnson, Erik M. Jensen
Nonrecourse Liabilities And Real Costs: A Reply To Professor Johnson, Erik M. Jensen
Faculty Publications
This article replies to a comment on "The Unanswered Question in Tufts: What Was the Purchaser's Basis?" by Calvin Johnson.
Scientific Evidence In Criminal Prosecutions, Paul C. Giannelli
Scientific Evidence In Criminal Prosecutions, Paul C. Giannelli
Faculty Publications
No abstract provided.
"Other Acts” & Character Evidence: Part I, Paul C. Giannelli
"Other Acts” & Character Evidence: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
United States Supreme Court: 1991-92 Term, Paul C. Giannelli
United States Supreme Court: 1991-92 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
Rethinking Attorney Conflict Of Interest Doctrine, Kevin C. Mcmunigal
Rethinking Attorney Conflict Of Interest Doctrine, Kevin C. Mcmunigal
Faculty Publications
This article focuses on conflict of interest doctrine dealing with concur- rent conflict of interest issues. Its thesis is that a primary source of confusion in conflict of interest doctrine is its failure to clearly articulate and answer the central questions which lie at the heart of the subject. In essence it argues that to remedy this confusion we need to rethink attorney conflict of interest doctrine so that it focuses more clearly on articulating and answering these central questions.
Understanding Responses To Hearsay: An Extension Of The Comparative Analysis, Dale A. Nance
Understanding Responses To Hearsay: An Extension Of The Comparative Analysis, Dale A. Nance
Faculty Publications
Response to Professor Damaska's presentation at the Hearsay Reform Conference, Minneapolis, Minnesota, 1992.
United States Supreme Court: 1990-91 Term, Paul C. Giannelli
United States Supreme Court: 1990-91 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.