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Full-Text Articles in Law

Maryland Makes New Evidence Postconviction Review Provisions Available To Defendants With Plea Deals, Felicia Langel Jun 2019

Maryland Makes New Evidence Postconviction Review Provisions Available To Defendants With Plea Deals, Felicia Langel

Maryland Law Review Online

No abstract provided.


Utah V. Strieff: The Gratuitous Expansion Of The Attenuation Doctrine, Courtney Watkins Apr 2017

Utah V. Strieff: The Gratuitous Expansion Of The Attenuation Doctrine, Courtney Watkins

Maryland Law Review Online

No abstract provided.


Painful Disparities, Painful Realities, Amanda C. Pustilnik Mar 2014

Painful Disparities, Painful Realities, Amanda C. Pustilnik

Faculty Scholarship

Legal doctrines and decisional norms treat chronic claims pain differently than other kinds of disability or damages claims because of bias and confusion about whether chronic pain is real. This is law’s painful disparity. Now, breakthrough neuroimaging can make pain visible, shedding light on these mysterious ills. Neuroimaging shows these conditions are, as sufferers have known all along, painfully real. This Article is about where law ought to change because of innovations in structural and functional imaging of the brain in pain. It describes cutting-edge scientific developments and the impact they should make on evidence law and disability law, and, …


Redesigning The Science Court, Justin Sevier Jan 2014

Redesigning The Science Court, Justin Sevier

Maryland Law Review

No abstract provided.


More Than A "Quick Glimpse Of The Life": The Relationship Between Victim Impact Evidence And Death Sentencing, Jerome E. Deise, Raymond Paternoster Jan 2013

More Than A "Quick Glimpse Of The Life": The Relationship Between Victim Impact Evidence And Death Sentencing, Jerome E. Deise, Raymond Paternoster

Faculty Scholarship

In striking down the use of victim impact evidence (VIE) during the penalty phase of a capital trial, the Supreme Court in Booth v. Maryland and South Carolina v. Gathers argued that such testimony would appeal to the emotions of jurors with the consequence that death sentences would not be based upon a reasoned consideration of the blameworthiness of the offender. After a change in personnel, the Court overturned both decisions in Payne v. Tennessee, decided just two years after Gathers. The majority in Payne were decidedly less concerned with the emotional appeal of VIE, arguing that it would only …


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.


Griffin V. State: Setting The Bar Too High For Authenticating Social Media Evidence, Brendan W. Hogan Jan 2012

Griffin V. State: Setting The Bar Too High For Authenticating Social Media Evidence, Brendan W. Hogan

Maryland Law Review Online

No abstract provided.


Garner V. State: Maryland’S Implied Retreat From Implied Assertions, Lindsey N. Lanzendorfer Jan 2012

Garner V. State: Maryland’S Implied Retreat From Implied Assertions, Lindsey N. Lanzendorfer

Maryland Law Review

No abstract provided.


The Disparate Treatment Of Neuroscience Expert Testimony In Criminal Litigation, Jamie Wagenheim Jan 2012

The Disparate Treatment Of Neuroscience Expert Testimony In Criminal Litigation, Jamie Wagenheim

The Appendix

No abstract provided.


Schultz V. Bank Of America: A Fly In The Financial Buttermilk - Clarifying The Common Knowledge Exception To Improve Litigation Efficiency And Bank Safety, Lauren M. Elfner Jan 2011

Schultz V. Bank Of America: A Fly In The Financial Buttermilk - Clarifying The Common Knowledge Exception To Improve Litigation Efficiency And Bank Safety, Lauren M. Elfner

Maryland Law Review Online

No abstract provided.


Availability Of Spousal Privileges For Same-Sex Couples, Lisa Yurwit Bergstrom, W. James Denvil Jan 2011

Availability Of Spousal Privileges For Same-Sex Couples, Lisa Yurwit Bergstrom, W. James Denvil

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


District Attorney’S Office For The Third Judicial District V. Osborne: Leaving Prisoners’ Access To Dna Evidence In Limbo, Alexandra Millard Jan 2010

District Attorney’S Office For The Third Judicial District V. Osborne: Leaving Prisoners’ Access To Dna Evidence In Limbo, Alexandra Millard

Maryland Law Review

No abstract provided.


Dickey V. State: Jury Instruction On Drug Use And Its Concomitant Effect On Eyewitness Credibility, Rachel M. Witriol Jan 2009

Dickey V. State: Jury Instruction On Drug Use And Its Concomitant Effect On Eyewitness Credibility, Rachel M. Witriol

Maryland Law Review Online

No abstract provided.


Judging Genes: Implications Of The Second Generation Of Genetic Tests In The Courtroom, Diane E. Hoffmann, Karen H. Rothenberg Oct 2007

Judging Genes: Implications Of The Second Generation Of Genetic Tests In The Courtroom, Diane E. Hoffmann, Karen H. Rothenberg

Faculty Scholarship

The use of DNA tests for identification has revolutionized court proceedings in criminal and paternity cases. Now, requests by litigants to admit or compel a second generation of genetic tests – tests to confirm or predict genetic diseases and conditions – threaten to affect judicial decision-making in many more contexts. Unlike DNA tests for identification, these second generation tests may provide highly personal health and behavioral information about individuals and their relatives and will pose new challenges for trial court judges. This article reports on an original empirical study of how judges analyze these requests and uses the study results …


Probability, Policy And The Problem Of Reference Class, Robert J. Rhee Jan 2007

Probability, Policy And The Problem Of Reference Class, Robert J. Rhee

Faculty Scholarship

This short paper focuses on the problem of reference class in evidentiary assessment as it relates to probability and weight of evidence. The reluctance to inject mathematical formalism into the factfinding function is justified. Objective probability requires a reference class from which a proportion is derived. Probability assessments change with the reference class. If a proposition is subject to proportional comparison against two or more different references, their selection is often an inductive process. The advantage of objectivity and methodological rigor is illusory. A legal dispute is the search for a plausible understanding of the truth, and an overtly mathematized …


A Unilateral Hope: Reliance On The Clemency Process As A Trigger For A Right Of Access To State-Held Dna Evidence, Ryan Dietrich Jan 2003

A Unilateral Hope: Reliance On The Clemency Process As A Trigger For A Right Of Access To State-Held Dna Evidence, Ryan Dietrich

Maryland Law Review

No abstract provided.


A Match Made In Maryland: Howard Chasanow And The Law Of Evidence, Alan D. Hornstein, Nichole G. Mazade Jan 2001

A Match Made In Maryland: Howard Chasanow And The Law Of Evidence, Alan D. Hornstein, Nichole G. Mazade

Maryland Law Review

No abstract provided.


Agostini V. Felton: Shifting The Evidentiary Burden In Establishment Clause Challenges Back To The Plaintiff, Brian Saccenti Jan 1999

Agostini V. Felton: Shifting The Evidentiary Burden In Establishment Clause Challenges Back To The Plaintiff, Brian Saccenti

Maryland Law Review

No abstract provided.


Diagnostic Evidence Admissibility And The Multiple Personality Disorder Defense, Sabra Mcdonald Owens Jan 1998

Diagnostic Evidence Admissibility And The Multiple Personality Disorder Defense, Sabra Mcdonald Owens

Journal of Health Care Law and Policy

No abstract provided.


Evidence, Economics, And Ethics: What Information Should Jurors Be Given To Determine The Amount Of A Punitive Damage Award?, David Crump Jan 1998

Evidence, Economics, And Ethics: What Information Should Jurors Be Given To Determine The Amount Of A Punitive Damage Award?, David Crump

Maryland Law Review

No abstract provided.


The Meaning Of "Facts Or Data" In Federal Rule Of Evidence 703: The Significance Of The Supreme Court's Decision To Rely On Federal Rule 702 In Daubert V. Merrell Dow Pharmaceuticals, Inc., Edward J. Imwinkelried Jan 1995

The Meaning Of "Facts Or Data" In Federal Rule Of Evidence 703: The Significance Of The Supreme Court's Decision To Rely On Federal Rule 702 In Daubert V. Merrell Dow Pharmaceuticals, Inc., Edward J. Imwinkelried

Maryland Law Review

No abstract provided.


The Maryland Rules Of Evidence - The New Maryland Rules Of Evidence: Survey, Analysis And Critique, Alan D. Hornstein Jan 1995

The Maryland Rules Of Evidence - The New Maryland Rules Of Evidence: Survey, Analysis And Critique, Alan D. Hornstein

Maryland Law Review

No abstract provided.


Codifying The Rule On Expert Testimony: Why Traditional Analysis Should Be Generally Acceptable, Kevin M. Carroll Jan 1995

Codifying The Rule On Expert Testimony: Why Traditional Analysis Should Be Generally Acceptable, Kevin M. Carroll

Maryland Law Review

No abstract provided.


Residual Hearsay Exceptions: A New Opening?, Jeffrey E. Greene Jan 1995

Residual Hearsay Exceptions: A New Opening?, Jeffrey E. Greene

Maryland Law Review

No abstract provided.


What Is A "Crime Relevant To Credibility"?, James A. Protin Jan 1995

What Is A "Crime Relevant To Credibility"?, James A. Protin

Maryland Law Review

No abstract provided.


General Evidentiary Objections Still Valid In Maryland, Dinah S. Leventhal Jan 1995

General Evidentiary Objections Still Valid In Maryland, Dinah S. Leventhal

Maryland Law Review

No abstract provided.


Myself Alone: Individualizing Justice Through Psychological Character Evidence, Andrew E. Taslitz Jan 1993

Myself Alone: Individualizing Justice Through Psychological Character Evidence, Andrew E. Taslitz

Maryland Law Review

No abstract provided.


Expert Testimony On The Batered Woman Syndrome In Maryland, Jeanne-Marie Bates Jan 1991

Expert Testimony On The Batered Woman Syndrome In Maryland, Jeanne-Marie Bates

Maryland Law Review

No abstract provided.


State V. Jones: Maryland's Flexible Present Sense Impression Exception, Judith Lynn Schlossberg Jan 1989

State V. Jones: Maryland's Flexible Present Sense Impression Exception, Judith Lynn Schlossberg

Maryland Law Review

No abstract provided.


Common Law Remedies Of Employees Injured By Employer Use Of Polygraph Testing, Deborah J. Weimer Jan 1987

Common Law Remedies Of Employees Injured By Employer Use Of Polygraph Testing, Deborah J. Weimer

Faculty Scholarship

No abstract provided.