Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (4)
- Case Western Reserve University School of Law (3)
- University of Georgia School of Law (3)
- American University Washington College of Law (2)
- Boston University School of Law (2)
-
- Cornell University Law School (2)
- University of the Pacific (2)
- Mississippi College School of Law (1)
- New York Law School (1)
- Penn State Law (1)
- UC Law SF (1)
- University of Colorado Law School (1)
- University of Kentucky (1)
- University of Missouri School of Law (1)
- University of Missouri-Kansas City School of Law (1)
- University of Tulsa College of Law (1)
- Valparaiso University (1)
- Keyword
-
- Evidence (8)
- Expert testimony (3)
- Federal Rules of Evidence (3)
- Litigation (3)
- DNA evidence (2)
-
- Daubert v. Merrell Dow Pharmaceuticals (2)
- Evidence law (2)
- Juries (2)
- Jurors (2)
- Legislation (2)
- 1994 (1)
- Admissibility (1)
- Adoption of Federal Rules (1)
- Allen (Ronald) (1)
- Antitrust (1)
- Attitudes (1)
- Bankruptcy Law (1)
- Behaviors (1)
- C.R.E. 702 test (1)
- Capital punishment (1)
- Ceiling principle (1)
- Chain of Custody (1)
- Colorado (1)
- Colorado Rules of Evidence (1)
- Confrontation Clause (1)
- Criminal discovery (1)
- Criminal justice (1)
- Criminal law (1)
- Criminal procedure (1)
- DNA Evidence (1)
- Publication
-
- Faculty Publications (4)
- Articles (3)
- Faculty Scholarship (3)
- Scholarly Works (3)
- Articles in Law Reviews & Other Academic Journals (2)
-
- Cornell Law Faculty Publications (2)
- Journal Articles (2)
- McGeorge School of Law Scholarly Articles (2)
- Articles & Chapters (1)
- Articles, Chapters in Books and Other Contributions to Scholarly Works (1)
- Book Chapters (1)
- Faculty Works (1)
- Law Faculty Publications (1)
- Law Faculty Scholarly Articles (1)
- Publications (1)
Articles 1 - 28 of 28
Full-Text Articles in Law
The Proper Role Of After-Acquired Evidence In Employment Discrimination Litigation, Rebecca White, Robert D. Brussack
The Proper Role Of After-Acquired Evidence In Employment Discrimination Litigation, Rebecca White, Robert D. Brussack
Scholarly Works
A new defense to employment discrimination claims has gained acceptance in the lower courts. Employers who allegedly have discriminated against their employees because of race, sex or age are winning judgments on the basis of after-acquired evidence of employee misconduct. The evidence is “after-acquired” in the sense that the misconduct was unknown to the employer at the time the alleged discrimination occurred but was acquired later, often through the use of discovery devices in the employee's discrimination action. Lower courts have accepted the proposition that if the employer would have discharged the plaintiff on the basis of the after-acquired evidence, …
Experts, Stories, And Information, Richard O. Lempert
Experts, Stories, And Information, Richard O. Lempert
Articles
In the infancy of the jury trial, there were no witnesses. The jury was self-informing. Members of the jury were drawn from the community. It was expected that they would know, either firsthand or on the basis of what they had heard, the true facts of any disputed incident, and they were gathered together to say what those facts were. Ronald Allen and Joseph Miller, in their insightful paper, see the ideal of the self-informing jury as very much alive today. Allen and Miller tell us that jurors ideally should experience firsthand the factual information needed to arrive at rational …
Criminal Discovery In Oklahoma: A Call For Legislative Action, Rodney J. Uphoff
Criminal Discovery In Oklahoma: A Call For Legislative Action, Rodney J. Uphoff
Faculty Publications
This article first explores the Allen decision and the extent to which Allen changed the law of criminal discovery in Oklahoma. Next, the article examines some of the theoretical and practical problems with the Allen procedures as well as the efforts of the Oklahoma Court of Criminal Appeals to address some of the troublesome questions generated by Allen. Finally, the article discusses the need to replace the Allen provisions with a legislative framework that facilitates pretrial access to information and minimizes “trial ambush,” but without compromising the fair and efficient operation of the adversary system.
Evidence, Faust Rossi
Just The Facts, Ma'am: Lying And The Omission Of Exculpatory Evidence In Police Reports,, Stanley Z. Fisher
Just The Facts, Ma'am: Lying And The Omission Of Exculpatory Evidence In Police Reports,, Stanley Z. Fisher
Faculty Scholarship
George Jones's ordeal was the product of, and in turn sheds light upon, police practices of investigating crimes and writing reports. Written police reports of criminal incidents and arrests give details such as the time, place, and nature of criminal conduct; the names and addresses of victims and witnesses; physical characteristics of the perpetrator(s) or arrestee(s); weapons used; property taken, recovered, or seized from the arrestee; and injuries to persons and property. Through their reports, the police "have fundamental control over the construction of [the] 'facts' for a case, and all other actors (the prosecutor, the judge, the defense lawyer) …
False Witness: A Lawyer's History Of The Law Of Perjury, Richard H. Underwood
False Witness: A Lawyer's History Of The Law Of Perjury, Richard H. Underwood
Law Faculty Scholarly Articles
From Cain to Potiphar's Wife to the pig and chicken laws of the Lex Salica of Clovis I, Professor Underwood examines the role of the false witness throughout history. Take a voyage extraordinaire and encounter some of history's most notorious perjurers.
The Suspect Population And Dna Identification, Richard O. Lempert
The Suspect Population And Dna Identification, Richard O. Lempert
Articles
Forensic DNA analysis typically proceeds by first determining whether alleles (one of two or more alternative forms of a gene) found in DNA apparently left by the perpetrator of a crime at a crime scene (the "evidence sample") match alleles extracted from a sample of the suspected criminal's blood (the "suspect sample"). If alleles drawn from the two sources match, the next step is to provide information about the probative value of the match by estimating the probability that alleles extracted from the blood of some random individual would have matched the alleles in the evidence sample. Thinking in terms …
Dna, Science And The Law: Two Cheers For The Ceiling Principle, Richard O. Lempert
Dna, Science And The Law: Two Cheers For The Ceiling Principle, Richard O. Lempert
Articles
The ceiling principle is an intentionally conservative way of estimating the frequency with which individuals who share particular alleles appear in the general population. It establishes frequencies for each allele by taking random samples of 100 individuals from each of 15 to 20 populations and using the largest frequency with which the allele is found in any of these populations or 5 percent, whichever is larger, as an estimate of the allele's frequency in the population of interest. These frequencies are then multiplied to yield an estimate of the likelihood that a randomly selected person would exhibit the same allelic …
Expert Testimony Describing Psychological Syndromes, John E.B. Myers
Expert Testimony Describing Psychological Syndromes, John E.B. Myers
McGeorge School of Law Scholarly Articles
No abstract provided.
Investigative Interviews Of Children: Should They Be Videotaped, John E.B. Myers
Investigative Interviews Of Children: Should They Be Videotaped, John E.B. Myers
McGeorge School of Law Scholarly Articles
No abstract provided.
Evidence: Indiana Moves Toward Adoption Of The Federal Rules, Ivan E. Bodensteiner
Evidence: Indiana Moves Toward Adoption Of The Federal Rules, Ivan E. Bodensteiner
Law Faculty Publications
No abstract provided.
Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross
Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Racial Imagery In Criminal Cases, Sheri Lynn Johnson
Racial Imagery In Criminal Cases, Sheri Lynn Johnson
Cornell Law Faculty Publications
No abstract provided.
Dna Evidence: Probability, Population Genetics, And The Courts, David H. Kaye
Dna Evidence: Probability, Population Genetics, And The Courts, David H. Kaye
Journal Articles
To help meet the challenge of presenting properly performed DNA tests within the post-Daubert legal framework, this article outlines the statistical procedures that have been employed or proposed to provide judges and juries with quantitative measures of probative value, describes more fully how the courts have dealt with these procedures, and evaluates the opinions and the statistical analyses from the standpoint of the law of evidence.
Specifically, the article outlines the procedure used to declare whether two samples of DNA "match," and how shrinking the size of the "match window," as some defendants have urged, will decrease the risk of …
“Junk Science”: The Criminal Cases, Paul C. Giannelli
“Junk Science”: The Criminal Cases, Paul C. Giannelli
Faculty Publications
No abstract provided.
Chain Of Custody, Paul C. Giannelli
Uncharged Misconduct Evidence In Sex Crime Cases: Reassessing The Rule Of Exclusion, Roger C. Park, David P. Bryden
Uncharged Misconduct Evidence In Sex Crime Cases: Reassessing The Rule Of Exclusion, Roger C. Park, David P. Bryden
Faculty Scholarship
No abstract provided.
World-Wide Volkswagen V. Woodson-The Rest Of The Story, Charles Adams
World-Wide Volkswagen V. Woodson-The Rest Of The Story, Charles Adams
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Two Sherman Act Section 1 Dilemmas: Parallel Pricing, The Oligopoly Problem, And Contemporary Economic Theory, Jonathan Baker
Two Sherman Act Section 1 Dilemmas: Parallel Pricing, The Oligopoly Problem, And Contemporary Economic Theory, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
In Defense Of A Constitutional Theory Of Experts, Ronald L. Carlson
In Defense Of A Constitutional Theory Of Experts, Ronald L. Carlson
Scholarly Works
Professor Ronald Allen honors the memory of John Henry Wigmore on virtually every occasion in which he targets an aspect of evidence law for scholarly study. As Wigmore Professor of Law, Allen has consistently afforded modern evidence specialists some of the best in provocative theory as grist for review and discussion. He now places experts in his sights, and the results are no less stimulating.
Asymmetric Information And The Selection Of Disputes For Litigation, Keith N. Hylton
Asymmetric Information And The Selection Of Disputes For Litigation, Keith N. Hylton
Faculty Scholarship
What explains the decision to litigate rather than settle a dispute? The standard theoretical approach to this question is a contract model that suggests that parties will litigate when the set of mutually beneficial settlement agreements-that is, the contract zone-is empty. The contract zone may be empty because the parties have divergent expectations of the trial outcome or because one party has more at stake than the other. The divergent-expectations explanation suggests that there are general respects in which litigated disputes differ from settled disputes and that one need not know the identities of litigants or the specific area of …
After White V. Illinois: Fundamental Guarantees To A Hollow Right To Confront Witnesses, Patricia W. Bennett
After White V. Illinois: Fundamental Guarantees To A Hollow Right To Confront Witnesses, Patricia W. Bennett
Journal Articles
The thrust of this Article is three-fold: (1) to discuss the historical aspects of the Confrontation Clause and its interpretation by the United States Supreme Court, (2) to show that, with White v. Illinois, the Supreme Court lost its moorings with previous decisions and drifted into treacherous constitutional seas, and (3) to suggest a textual construction of the Confrontation Clause that would be harmonious with the hearsay rule while preserving the rights of the accused to face their actual accusers.
Introduction Of Scientific Evidence In Criminal Cases, H. Patrick Furman
Introduction Of Scientific Evidence In Criminal Cases, H. Patrick Furman
Publications
No abstract provided.
Rape Trauma Syndrome & Child Sexual Abuse Syndrome, Paul C. Giannelli
Rape Trauma Syndrome & Child Sexual Abuse Syndrome, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Role Of Public Opinion, Public Interest Groups, And Political Parties In Creating And Implementing Environmental Policy., Irma S. Russell
The Role Of Public Opinion, Public Interest Groups, And Political Parties In Creating And Implementing Environmental Policy., Irma S. Russell
Faculty Works
No abstract provided.
The Common Law Theory Of Experts: Deference Or Education?, Joseph S. Miller, Ronald J. Allen
The Common Law Theory Of Experts: Deference Or Education?, Joseph S. Miller, Ronald J. Allen
Scholarly Works
What if witness testimony emerges from, or can only be understood by reference to, an experience that the fact finder lacks? Or what if the connection between what a witness says and the full import of what the witness means is so arcane that the chances are virtually zero that the jury will understand what the spoken words are intended to convey? Both cases arise surprisingly frequently in the trial of disputes. For example, the problem arises whenever a witness is not fluent in English, as it often does when the common practice of a business or trade plays a …
Some Steps Between Attitudes And Verdicts, Phoebe C. Ellsworth
Some Steps Between Attitudes And Verdicts, Phoebe C. Ellsworth
Book Chapters
Most research that has attempted to predict verdict preferences on the basis of stable juror characteristics, such as attitudes and personality traits, has found that individual differences among jurors are not very useful predictors, accounting for only a small proportion of the variance in verdict choices. Some commentators have therefore concluded that verdicts are overwhelmingly accounted for by "the weight of the evidence," and that differences among jurors have negligible effects. But there is a paradox here: In most cases the weight of the evidence is insufficient to produce firstballot unanimity in the jury (Hans & Vidmar, 1986; Hastie, Penrod, …
Insuring Reliable Fact Finding In Guidelines Sentencing: Why Not Real Evidence Rules, Randolph N. Jonakait
Insuring Reliable Fact Finding In Guidelines Sentencing: Why Not Real Evidence Rules, Randolph N. Jonakait
Articles & Chapters
No abstract provided.