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Articles 31 - 60 of 97

Full-Text Articles in Law

Ethics And Evidence, Introduction, Daniel J. Capra Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

Expert Witness Ethics, Joseph Sanders

Fordham Law Review

No abstract provided.


Special Issues Raised By Rape Trial, Aviva Orenstein Jan 2007

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 Jan 2007

"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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

Prosecutors, Ethics, And Expert Witnesses, Paul C. Giannelli, Kevin C. Mcmunigal

Fordham Law Review

No abstract provided.


The Emotional Juror., Todd E. Pettys Jan 2007

The Emotional Juror., Todd E. Pettys

Fordham Law Review

No abstract provided.


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 Jan 2007

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 Jan 2007

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 Jan 2007

"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 Jan 2005

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 Jan 2003

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 Jan 2000

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 Jan 1998

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 Jan 1997

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 Jan 1995

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 Jan 1995

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 Jan 1995

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 Jan 1995

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 Jan 1995

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 Jan 1995

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 Jan 1995

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 Jan 1994

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 Jan 1994

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 …