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Articles 1 - 13 of 13
Full-Text Articles in Law
Balancing Government Efficienty And The Protection Of Individual Liberties: An Analysis Of The Conflit Between Executive Branch "Housekeeping" Regulations And Criminal Defendants' Rights To A Constitutionally Fair Trial, James F. Ponsoldt
Scholarly Works
This Article addresses the issue of whether an accused person should be entitled to obtain and use at trial relevant government information or the testimony of government employees to prove his innocence, regardless of whether he has revealed in advance to his adversary his intended use of that information or the specific content of that testimony. Part I describes the federal "housekeeping" statute and the Justice Department's housekeeping regulations, which require that subpoenaed government employees not disclose evidence unless the person seeking that evidence has first summarized the requested evidence in advance, explained its intended use, and obtained permission from …
Recognition, Use Of Force, And The Legal Effect Of United Nations Resolutions Under The Revised Restatement Of The Foreign Relations Law Of The United States, Malvina Halberstam
Recognition, Use Of Force, And The Legal Effect Of United Nations Resolutions Under The Revised Restatement Of The Foreign Relations Law Of The United States, Malvina Halberstam
Articles
No abstract provided.
Cross-Racial Identification Errors In Criminal Cases, Sheri Johnson
Cross-Racial Identification Errors In Criminal Cases, Sheri Johnson
Cornell Law Faculty Publications
No abstract provided.
Introduction: Trends And Developments With Respect To That Amendment 'Central To Enjoyment Of Other Guarantees Of The Bill Of Rights', Yale Kamisar
Articles
Seventy years ago, in the famous Weeks case,' the Supreme Court evoked a storm of controversy by promulgating the federal exclusionary rule. When, a half-century later, in the landmark Mapp case,2 the Court extended the Weeks rule to state criminal proceedings, at least one experienced observer assumed that the controversy "today finds its end." 3 But as we all know now, Mapp only intensified the controversy. Indeed, in recent years spirited debates over proposals to modify the exclusionary rule or to scrap it entirely have filled the air - and the law reviews.'
Evidentiary Problems In--And Solutions For--The Uniform Commercial Code, Ronald J. Allen, Robert A. Hillman
Evidentiary Problems In--And Solutions For--The Uniform Commercial Code, Ronald J. Allen, Robert A. Hillman
Cornell Law Faculty Publications
The Uniform Commercial Code does not offer a systematic approach to the rules governing the evidentiary relationships of parties to commercial litigation. In this article, Professors Allen and Hillman present a general analytical approach to proof rules, highlight the shortcomings of the Code's evidentiary provisions, and discuss the inevitable confusion in the case law construing the Code. They propose an amendment to the Code designed to clarify and improve the Code approach.
Admissibility Of Laboratory Reports, Paul C. Giannelli
Admissibility Of Laboratory Reports, Paul C. Giannelli
Faculty Publications
No abstract provided.
“Other Acts” Evidence, Paul C. Giannelli
Gates, 'Probable Cause', 'Good Faith', And Beyond, Yale Kamisar
Gates, 'Probable Cause', 'Good Faith', And Beyond, Yale Kamisar
Articles
Illinois v. Gates1 was the most eagerly awaited constitutional-criminal procedure case of the 1982 Term. I think it fair to say, however, that it was awaited a good deal more eagerly by law enforcement officials and the Americans for Effective Law Enforcement than by defense lawyers and the American Civil Liberties Union. As it turned out, of course, the Gates Court, to the disappointment of many, did not reach the question whether the exclusionary rule in search and seizure cases should be modified so as not to require the exclusion of evidence obtained in violation of the fourth amendment when …
The Federal Coconspirator Exception: Action, Assertion, And Hearsay, Christopher B. Mueller
The Federal Coconspirator Exception: Action, Assertion, And Hearsay, Christopher B. Mueller
Publications
No abstract provided.
Evidence: Survey Of Recent Developments In Indiana Law, J. Alexander Tanford
Evidence: Survey Of Recent Developments In Indiana Law, J. Alexander Tanford
Articles by Maurer Faculty
With rare exceptions, Indiana evidence law progresses slowly and holds closely to the traditional concepts of the common law. This Survey Article collects the several important cases decided during the past year that continue this development of Indiana's common law of evidence. A general word of caution is in order concerning the Indiana appellate courts' evidence cases. Most evidence issues arise in criminal cases, in which convicted defendants allege error in the admission of evidence against them or in the exclusion of evidence offered in their defense. A ruling in favor of the defendant could result in the reversal of …
The Fifth Amendment Privilege And Documents--Cutting Fisher's Tangled Line, Robert Heidt
The Fifth Amendment Privilege And Documents--Cutting Fisher's Tangled Line, Robert Heidt
Articles by Maurer Faculty
No abstract provided.
Records And Archives In Court, Anthony F. Sheppard
Records And Archives In Court, Anthony F. Sheppard
All Faculty Publications
In an increasingly litigious society, records and archives frequently become evidence in court. What are the criteria for admitting records in court as evidence, and how might records keepers be called upon to testify in court? These matters will be discussed in the context of federal and provincial law. The author's comments are directed towards these two central issues: The criteria for admitting records in court as evidence, and the status of records keepers called upon to testify in court.
Rethinking Self-Incrimination In Great Britain, Mark Berger
Rethinking Self-Incrimination In Great Britain, Mark Berger
Faculty Works
No abstract provided.