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Articles 1 - 5 of 5
Full-Text Articles in Law
Completing The Admissibility Equation, Richard C. Reuben
Completing The Admissibility Equation, Richard C. Reuben
Faculty Publications
Later this year, the U.S. Supreme Court will take up an evidence dispute from Georgia that promises to be one of the new term's most important nuts-and-bolts cases for litigators. General Electric Co. v. Joiner, no. 96-188, is expected to determine the standard of review that federal appellate courts must give to lower court decisions on the admissibility of scientific evidence. The Court's decision in Joiner promises to have an important effect on a broad range of cases in which causation often is a pivotal issue.
Moment Of Truth, Richard C. Reuben
Moment Of Truth, Richard C. Reuben
Faculty Publications
While the technical sophistication of today's polygraphs is far beyond the cathode-tube stuff of the 1920s, many lawyers and judges continue to view them as inherently unreliable and overly prejudicial. Their concern is that the procedure does not test whether a subject is telling the truth but measures physiological responses to questions- which may reveal much, but not necessarily the truth. But this fall, the U.S. Supreme Court will consider, in United States v. Scheffer, No. 96-1133, whether to finally lift the barrier to admissibility of polygraph evidence, at least in the federal courts, on grounds that it inhibits the …
Places In The Heartland: Departure Jurisprudence After Koon, Frank O. Bowman Iii
Places In The Heartland: Departure Jurisprudence After Koon, Frank O. Bowman Iii
Faculty Publications
There are two things upon which I suspect most observers will agree following the decision in Koon v. United States. First, the United States Supreme Court wants district courts to have more discretion to depart from the otherwise applicable guideline range, and wants appellate courts to have less authority to overturn those discretionary judgments. Second, in light of the conflicting signals the Court gave by, on the one hand, declaring that the standard of appellate review for departure decisions is to be abuse of discretion,” and on the other hand, finding that two of the five factors relied upon by …
When Physicians Balk At Futile Care: Implications Of The Disability Rights Laws, Philip G. Peters Jr.
When Physicians Balk At Futile Care: Implications Of The Disability Rights Laws, Philip G. Peters Jr.
Faculty Publications
Part I of this article reviews the factual background of the futility debate. Part II introduces the antidiscrimination laws. Thereafter, Parts III, IV, and V examine the three components of the proposal suggested above.
Justices Take The 11th, Richard C. Reuben
Justices Take The 11th, Richard C. Reuben
Faculty Publications
Until not long ago, the 11th Amendment with its barrier to some citizen suits in federal courts was a largely ignored provision of the U.S. Constitution. Those days may be coming to an end, however, as the Supreme Court has resurrected the dusty old amendment in its steady, if not always consistent, march toward a new federalism or what some scholars are calling the "antifederalist revival."