Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication Year
- Publication
Articles 31 - 60 of 97
Full-Text Articles in Law
Ethics And Evidence, Introduction, Daniel J. Capra
Ethics And Evidence, Introduction, Daniel J. Capra
Fordham Law Review
No abstract provided.
Federal Evidence Rule 608(B): Gateway To The Minefield Of Witness Preparation, Gerald L. Shargel
Federal Evidence Rule 608(B): Gateway To The Minefield Of Witness Preparation, Gerald L. Shargel
Fordham Law Review
No abstract provided.
Are Evidence-Related Ethics Provisions "Law"?, Fred C. Zacharias
Are Evidence-Related Ethics Provisions "Law"?, Fred C. Zacharias
Fordham Law Review
No abstract provided.
See No Evil: Wrongful Convictions And The Prosecutorial Ethics Of Offering Testimony By Jailhouse Informants And Dishonest Experts, Myrna S. Raeder
See No Evil: Wrongful Convictions And The Prosecutorial Ethics Of Offering Testimony By Jailhouse Informants And Dishonest Experts, Myrna S. Raeder
Fordham Law Review
No abstract provided.
The Use And Misuse Of High-Tech Evidence By Prosecutors: Ethical And Evidentiary Issues, Robert Aronson, Jacqueline Mcmurtrie
The Use And Misuse Of High-Tech Evidence By Prosecutors: Ethical And Evidentiary Issues, Robert Aronson, Jacqueline Mcmurtrie
Fordham Law Review
No abstract provided.
Expert Witness Ethics, Joseph Sanders
Special Issues Raised By Rape Trial, Aviva Orenstein
Special Issues Raised By Rape Trial, Aviva Orenstein
Fordham Law Review
No abstract provided.
"Remarkable Stratagems And Conspiracies": How Unscrupulous Lawyers And Credulous Judges Created An Exception To The Hearsay Rule, Marianne Wesson
"Remarkable Stratagems And Conspiracies": How Unscrupulous Lawyers And Credulous Judges Created An Exception To The Hearsay Rule, Marianne Wesson
Fordham Law Review
No abstract provided.
The Perplexing Problem Of Client Perjury, L. Timothy Perrin
The Perplexing Problem Of Client Perjury, L. Timothy Perrin
Fordham Law Review
No abstract provided.
The Duke Lacrosse Case, Innocence, And False Identifications: A Fundamental Failure To "Do Justice", Robert P. Mosteller
The Duke Lacrosse Case, Innocence, And False Identifications: A Fundamental Failure To "Do Justice", Robert P. Mosteller
Fordham Law Review
No abstract provided.
Ethical Firewalls, Limited Admissibility, And Rule 703, Daniel D. Blinka
Ethical Firewalls, Limited Admissibility, And Rule 703, Daniel D. Blinka
Fordham Law Review
No abstract provided.
Prosecutors, Ethics, And Expert Witnesses, Paul C. Giannelli, Kevin C. Mcmunigal
Prosecutors, Ethics, And Expert Witnesses, Paul C. Giannelli, Kevin C. Mcmunigal
Fordham Law Review
No abstract provided.
The Emotional Juror., Todd E. Pettys
Clarifying The Curative Admissibility Doctrine: Using The Principles Of Forfeiture And Deterrence To Shape The Relief For An Opponent's Evidentiary Misconduct, Edward J. Imwinkelried
Clarifying The Curative Admissibility Doctrine: Using The Principles Of Forfeiture And Deterrence To Shape The Relief For An Opponent's Evidentiary Misconduct, Edward J. Imwinkelried
Fordham Law Review
No abstract provided.
Evidence And Ethics: Litigating In The Shadows Of The Rules, Joseph A. Colquitt
Evidence And Ethics: Litigating In The Shadows Of The Rules, Joseph A. Colquitt
Fordham Law Review
No abstract provided.
"Anything You Say May Be Used Against You": A Proposed Seminar On The Lawyer's Duty To Warn Of Confidentiality's Limits In Today's Post-Enron World, Paul F. Rothstein
"Anything You Say May Be Used Against You": A Proposed Seminar On The Lawyer's Duty To Warn Of Confidentiality's Limits In Today's Post-Enron World, Paul F. Rothstein
Fordham Law Review
No abstract provided.
It's The Prosecution's Story, But They're Not Sticking To It: Applying Harmless Error And Judicial Estoppel To Exculpatory Post-Conviction Dna Testing Cases , Hilary S. Ritter
It's The Prosecution's Story, But They're Not Sticking To It: Applying Harmless Error And Judicial Estoppel To Exculpatory Post-Conviction Dna Testing Cases , Hilary S. Ritter
Fordham Law Review
No abstract provided.
I Ain't Got No Body: The Moral Uncertainty Of Bodiless Murder Jurisprudence In New York After People V. Bierenbaum, Francis Paul Greene
I Ain't Got No Body: The Moral Uncertainty Of Bodiless Murder Jurisprudence In New York After People V. Bierenbaum, Francis Paul Greene
Fordham Law Review
No abstract provided.
Prosecutor's Duty To Disclose Exculpatory Evidence, Lisa M. Kurcias
Prosecutor's Duty To Disclose Exculpatory Evidence, Lisa M. Kurcias
Fordham Law Review
No abstract provided.
The Relevance Of "Execution Impact" Testimony As Evidence Of Capital Defendants' Character, Darcy F. Katzin
The Relevance Of "Execution Impact" Testimony As Evidence Of Capital Defendants' Character, Darcy F. Katzin
Fordham Law Review
No abstract provided.
The Admission Of Dna Evidence In State And Federal Courts, George Bundy Smith, Janet A. Gordon
The Admission Of Dna Evidence In State And Federal Courts, George Bundy Smith, Janet A. Gordon
Fordham Law Review
No abstract provided.
Arbitration Of Patent Infringement Disputes: Encouraging The Use Of Arbitration Through Evidence Rules Reform, Gregg A. Paradise
Arbitration Of Patent Infringement Disputes: Encouraging The Use Of Arbitration Through Evidence Rules Reform, Gregg A. Paradise
Fordham Law Review
No abstract provided.
United States V. Gaudin: A Decision With Material Impact, Jeffrey Saks
United States V. Gaudin: A Decision With Material Impact, Jeffrey Saks
Fordham Law Review
No abstract provided.
The Crime Bill Of 1994 And The Law Of Character Evidence: Congress Was Right About Consent Defense Cases, Roger C. Park
The Crime Bill Of 1994 And The Law Of Character Evidence: Congress Was Right About Consent Defense Cases, Roger C. Park
Fordham Urban Law Journal
There is considerable debate as to whether to admit evidence of past sexual assaults in cases where the accused presents a defense of consent to a current sexual assault charge. The consent defense presents a unique situation where, due to the probative value of evidence that suggests propensity to rape, a strong justification can be made to admit this information as evidence. However, critics of this opinion have argued that admitting propensity evidence about the accused in a rape case is inconsistent with the rape shield rule which excludes propensity evidence about the victim. This argument is flawed in the …
Undertaking The Task Of Reforming The American Character Evidence Prohibition: The Importance Of Getting The Experiment Off On The Right Foot, Edward J. Imwinkelried
Undertaking The Task Of Reforming The American Character Evidence Prohibition: The Importance Of Getting The Experiment Off On The Right Foot, Edward J. Imwinkelried
Fordham Urban Law Journal
The United States Congress and the State Legislatures of Indiana and Missouri have chosen illogical starting points in their experiments to reform the prohibition against introducing character evidence in criminal cases. Rather than start by allowing the introduction of past crimes with high recidivism rates such as burglary, these legislatures have chosen crimes with minimal probative value as predictors of the accused's conduct. By allowing the the introduction of criminal history in regard to criminal sexual conduct and child molestation, these legislatures increase the risk of wrongful conviction due to the disdain with which the average citizen views these types …
Federal Rules Of Evidence And The Political Process, David P. Leonard
Federal Rules Of Evidence And The Political Process, David P. Leonard
Fordham Urban Law Journal
An important tenet of American evidence law is the strict regulation on the introduction of character evidence. This principal has begun to be chipped away at through the adoption of amendments that allow character evidence to be introduced in certain types of cases. The Federal Rules of Evidence were subject to very little amendment during their first 20 years of use, and have always represented a blend of conservatism about evidence law and political compromise. This tension has been kept in check until the proposal of Rules 413-415, which represents a concession to the politicization of the rules. Before imposing …
American Bar Association Criminal Justice Section Report To The House Of Delegates, Myrna S. Raeder
American Bar Association Criminal Justice Section Report To The House Of Delegates, Myrna S. Raeder
Fordham Urban Law Journal
The proposed amendments to the Federal Rules of Evidence, Rules 413-15 regarding the admission of character testimony in cases of sexual abuse and child molestation, have been roundly criticized by the legal community on both substantive and procedural grounds. The ABA has resolved to oppose the substance of these rules, and fear that in addition to the direct concerns regarding the result of the rules, they raise troubling policy issues going forward.
Some Thoughts On The Sexual Misconduct Amendments To The Federal Rules Of Evidence, Norman M. Garland
Some Thoughts On The Sexual Misconduct Amendments To The Federal Rules Of Evidence, Norman M. Garland
Fordham Urban Law Journal
Although the adoption of the Federal Rules of Evidence 413-15 may have a positive result, Congress rushed their drafting which has led to several problems and ambiguities in the proposed rules. One of these major ambiguities is the issue of what standard of proof might be applied to decide the admissibility of such other, uncharged sex crimes offered against the accused.
The Poor Fit Of Traditional Evidentiary Doctrine And Sophisticated Crime: An Empirical Analysis Of Health Care Fraud Prosecutions, Pamela H. Bucy
The Poor Fit Of Traditional Evidentiary Doctrine And Sophisticated Crime: An Empirical Analysis Of Health Care Fraud Prosecutions, Pamela H. Bucy
Fordham Law Review
No abstract provided.
Balancing The Scales: Limiting The Prejudicial Effect Of Evidence Rule 404(B) Through Stipulation, Daniel J. Buzzetta
Balancing The Scales: Limiting The Prejudicial Effect Of Evidence Rule 404(B) Through Stipulation, Daniel J. Buzzetta
Fordham Urban Law Journal
This Note argues that, in a prosecution for a violation of a specific intent criminal statute, the government must accept a defendant’s clear and unambiguous stipulation to possessing the requisite intent for the crime charged. The trial court must ensure that the proffered stipulation is voluntarily given, unambiguous, and comprehensive, so as not to deprive the prosecution from presenting forceful, significant, and probative evidence. Once a defendant offers such an acceptable stipulation, however, the government’s introduction of prior bad acts to prove intent becomes extremely prejudicial, while any probative value the evidence may have is dissipated entirely. Part II of …