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Full-Text Articles in Law

Trial By Jury Or Judge: Transcending Empiricism , Kevin M. Clermont, Theodore Eisenberg Dec 2014

Trial By Jury Or Judge: Transcending Empiricism , Kevin M. Clermont, Theodore Eisenberg

Kevin M. Clermont

No abstract provided.


Case For A Constitutional Definition Of Hearsay: Requiring Confrontation Of Testimonial, Nonassertive Conduct And Statements Admitted To Explain An Unchallenged Investigation, The , James L. Kainen Aug 2014

Case For A Constitutional Definition Of Hearsay: Requiring Confrontation Of Testimonial, Nonassertive Conduct And Statements Admitted To Explain An Unchallenged Investigation, The , James L. Kainen

James L. Kainen

Crawford v. Washington’s historical approach to the confrontation clause establishes that testimonial hearsay inadmissible without confrontation at the founding is similarly inadmissible today, despite whether it fits a subsequently developed hearsay exception. Consequently, the requirement of confrontation depends upon whether an out-of-court statement is hearsay, testimonial, and, if so, whether it was nonetheless admissible without confrontation at the founding. A substantial literature has developed about whether hearsay statements are testimonial or were, like dying declarations, otherwise admissible at the founding. In contrast, this article focuses on the first question – whether statements are hearsay – which scholars have thus far …


Pennsylvanians' Right To Trial By Jury In Peril? The Tale Of Three Appeals, Thomas J. Foley Iii Jun 2014

Pennsylvanians' Right To Trial By Jury In Peril? The Tale Of Three Appeals, Thomas J. Foley Iii

Thomas J Foley III

No abstract provided.