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Articles 1 - 30 of 51
Full-Text Articles in Law
Maryland Makes New Evidence Postconviction Review Provisions Available To Defendants With Plea Deals, Felicia Langel
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
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
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
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
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
Journal of Business & Technology Law
No abstract provided.
Griffin V. State: Setting The Bar Too High For Authenticating Social Media Evidence, Brendan W. Hogan
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Common Law Remedies Of Employees Injured By Employer Use Of Polygraph Testing, Deborah J. Weimer
Faculty Scholarship
No abstract provided.