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Full-Text Articles in Law
Which Scientist Do You Believe - Process Alternatives In Technological Controversies, Thomas G. Field Jr.
Which Scientist Do You Believe - Process Alternatives In Technological Controversies, Thomas G. Field Jr.
RISK: Health, Safety & Environment (1990-2002)
Beyond introducing these papers, Professor Field argues that those designing processes for tasks originally contemplated by the Science Court proposal should closely consider, e.g., intervening experience with alternative dispute resolution.
The Separation Of Facts And Values, Arthur Kantrowitz
The Separation Of Facts And Values, Arthur Kantrowitz
RISK: Health, Safety & Environment (1990-2002)
Dr. Kantrowitz maintains that much modern pessimism derives from failure to separate what is from what ought to be and urges that scientific conflicts be resolved as value neutrally as possible.
Coping With Phantom Risks In The Courts, Peter W. Huber
Coping With Phantom Risks In The Courts, Peter W. Huber
RISK: Health, Safety & Environment (1990-2002)
Dr. Huber describes "phantom" risks as those tending to hover indefinitely, never to crystallize. He argues that legal procedures should optimally lead' to closure and eliminate unwarranted fears.
Review Of: Dorothy J. Howell, Scientific Literacy And Environmental Policy- The Missing Prerequisite For Sound Decision Making (Quorum Books 1992), Diane M. Albert
Review Of: Dorothy J. Howell, Scientific Literacy And Environmental Policy- The Missing Prerequisite For Sound Decision Making (Quorum Books 1992), Diane M. Albert
RISK: Health, Safety & Environment (1990-2002)
Review of: Dorothy J. Howell, Scientific Literacy and Environmental Policy- The Missing Prerequisite for Sound Decision Making (Quorum Books 1992). Acknowledgements, bibliography, epilogue, index, introduction. LC 91- 36028; ISBN 0-89930-616-0. [181 pp. Cloth $45.00. One Madison Ave., New York, NY 10010.1
Reply: Self-Incrimination And The Constitution: A Brief Rejoinder To Professor Kamisar, Akhil Reed Amar, Renée B. Lettow
Reply: Self-Incrimination And The Constitution: A Brief Rejoinder To Professor Kamisar, Akhil Reed Amar, Renée B. Lettow
Michigan Law Review
A Reply to Yale Kamisar's Response to the "Fifth Amendment Principles: The Self-Incrimination Clause"
Fifth Amendment First Principles: The Self-Incrimination Clause, Akhil Reed Amar, Renée B. Lettow
Fifth Amendment First Principles: The Self-Incrimination Clause, Akhil Reed Amar, Renée B. Lettow
Michigan Law Review
In Part I of this article, we examine the global puzzle of the Self-Incrimination Clause and the local confusion or perversion lurking behind virtually every key word and phrase in the clause as now construed. In Part II we elaborate our reading of the clause and show how it clears up the local problems and solves the overall puzzle.
Race Separatism In The Family: More On The Transracial Adoption Debate, Elizabeth Bartholet
Race Separatism In The Family: More On The Transracial Adoption Debate, Elizabeth Bartholet
Duke Journal of Gender Law & Policy
Some twenty-five years ago a trial court in Virginia upheld the state ban on interracial marriage, reasoning that God created different races and, accordingly, that it was natural to maintain racial purity, and unnatural to engage in racial mixing. 1 At that time, many other state laws banned both interracial marriage and transracial adoption. In Loving v. Virginia, 2 the United States Supreme Court struck down the Virginia antimiscegenation law, reversing the trial court's decision and holding that it was unconstitutional for states to mandate racial separatism in the family. Later, in Palmore v. Sidoti, 3 the Court ruled that …
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 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.
Calmer Seas: The Supreme Court's Major Criminal Law Rulings Of The 1993-94 Term, William E. Hellerstein
Calmer Seas: The Supreme Court's Major Criminal Law Rulings Of The 1993-94 Term, William E. Hellerstein
Touro 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.
The Plain Feel Doctrine In Washington: An Opportunity To Provide Greater Protections Of Privacy To Citizens Of This State, Laura T. Bradley
The Plain Feel Doctrine In Washington: An Opportunity To Provide Greater Protections Of Privacy To Citizens Of This State, Laura T. Bradley
Seattle University Law Review
This Comment argues that Washington should return to an independent analysis of search and seizure doctrine under article I, section 7 of the state constitution and reject the admission of contraband seized during the course of a pat-down frisk. The decisions in Hudson and Dickerson have established an unnecessary and unworkable standard, and involve an increased invasion of personal privacy without the counter-balancing need to protect the safety of others. The plain feel doctrine as announced in Dickerson and Hudson developed from two well-established concepts in search and seizure law-the Terry frisk of persons to discover weapons and the plain …
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.
Sexual Harassment And Expertise: The Admissibility Of Expert Witness Testimony In Cases Utilizing The Reasonable Woman Standard, Jeremy D. Pasternak
Sexual Harassment And Expertise: The Admissibility Of Expert Witness Testimony In Cases Utilizing The Reasonable Woman Standard, Jeremy D. Pasternak
Santa Clara Law Review
No abstract provided.
Toward Eliminating Bargain Basement Justice: Providing Indigent Defendants With Expert Services And An Adequate Defense, Fred Warren Bennett
Toward Eliminating Bargain Basement Justice: Providing Indigent Defendants With Expert Services And An Adequate Defense, Fred Warren Bennett
Law and Contemporary Problems
No abstract provided.
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 …
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.
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.
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 …