Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Duke Law (5)
- Northwestern Pritzker School of Law (5)
- Case Western Reserve University School of Law (4)
- Cornell University Law School (4)
- University of Michigan Law School (4)
-
- Penn State Law (3)
- Boston University School of Law (2)
- Fordham Law School (2)
- UIC School of Law (2)
- University of Baltimore Law (2)
- University of Colorado Law School (2)
- University of New Hampshire (2)
- Vanderbilt University Law School (2)
- Brooklyn Law School (1)
- Chicago-Kent College of Law (1)
- Florida International University College of Law (1)
- Georgetown University Law Center (1)
- Maurer School of Law: Indiana University (1)
- Mitchell Hamline School of Law (1)
- New York Law School (1)
- Nova Southeastern University (1)
- Pace University (1)
- UC Law SF (1)
- University of Georgia School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Miami Law School (1)
- University of Missouri-Kansas City School of Law (1)
- University of Montana (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Rhode Island (1)
- Keyword
-
- Evidence (18)
- Hearsay (5)
- Scientific evidence (5)
- Sixth Amendment (5)
- United States Supreme Court (5)
-
- Confrontation Clause (4)
- Crawford v. Washington (4)
- Cross-examination (4)
- Testimony (4)
- Davis v. Washington (3)
- Expert testimony (3)
- Juries (3)
- Litigation (3)
- Mitochondrial DNA (3)
- Testimonial (3)
- Witnesses (3)
- Admissibility (2)
- Cinema (2)
- Criminal Law and Procedure (2)
- Cultural analysis of law (2)
- DNA (2)
- DNA databases (2)
- Ethics (2)
- Hammon v. Indiana (2)
- Law and humanities (2)
- Maryland law (2)
- Probability (2)
- Prosecutors (2)
- Trials (2)
- "shopping" for an expert (1)
- Publication
-
- Faculty Scholarship (14)
- Articles (6)
- Faculty Publications (5)
- Cornell Law Faculty Publications (4)
- All Faculty Scholarship (3)
-
- Journal Articles (3)
- NULR Online (3)
- Faculty Working Papers (2)
- Law Faculty Scholarship (2)
- Publications (2)
- Scholarly Works (2)
- UIC Law Open Access Faculty Scholarship (2)
- Vanderbilt Law School Faculty Publications (2)
- Articles & Chapters (1)
- Articles by Maurer Faculty (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Law Review Articles (1)
- Faculty Works (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Law Faculty Research Publications (1)
- Senior Honors Projects (1)
- Working Paper Series (1)
Articles 1 - 30 of 59
Full-Text Articles in Law
Statistics In The Jury Box: How Jurors Respond To Mitochondrial Dna Match Probabilities, David H. Kaye, Valerie P. Hans, B. Michael Dann, Erin J. Farley, Stephanie Albertson
Statistics In The Jury Box: How Jurors Respond To Mitochondrial Dna Match Probabilities, David H. Kaye, Valerie P. Hans, B. Michael Dann, Erin J. Farley, Stephanie Albertson
Cornell Law Faculty Publications
This article describes parts of an unusually realistic experiment on the comprehension of expert testimony on mitochondrial DNA (mtDNA) sequencing in a criminal trial for robbery. Specifically, we examine how jurors who responded to summonses for jury duty evaluated portions of videotaped testimony involving probabilities and statistics. Although some jurors showed susceptibility to classic fallacies in interpreting conditional probabilities, the jurors as a whole were not overwhelmed by a 99.98% exclusion probability that the prosecution presented. Cognitive errors favoring the defense were more prevalent than ones favoring the prosecution. These findings lend scant support to the legal argument that mtDNA …
Coming Clean About "Junk Dna", Simon A. Cole
Science In The Jury Box: Jurors' Views And Understanding Of Mitochondrial Dna Evidence, Valerie P. Hans, David H. Kaye, B. Michael Dann, Erin J. Farley, Stephanie Albertson
Science In The Jury Box: Jurors' Views And Understanding Of Mitochondrial Dna Evidence, Valerie P. Hans, David H. Kaye, B. Michael Dann, Erin J. Farley, Stephanie Albertson
Cornell Law Faculty Publications
This article describes parts of an unusually realistic experiment on the comprehension of expert testimony on mitochondrial DNA (mtDNA) sequencing in a criminal trial for robbery. Specifically, we examine how jurors who responded to summonses for jury duty evaluated portions of videotaped testimony involving probabilities and statistics. Although some jurors showed susceptibility to classic fallacies in interpreting conditional probabilities, the jurors as a whole were not overwhelmed by a 99.98% exclusion probability that the prosecution presented. Cognitive errors favoring the defense were more prevalent than ones favoring the prosecution. These findings lend scant support to the legal argument that mtDNA …
Fact, Fiction And Proof In The 21st Century: Evidence And Credibility For Fact Finding By Administrative Law Judges, Lynn Mclain
Fact, Fiction And Proof In The 21st Century: Evidence And Credibility For Fact Finding By Administrative Law Judges, Lynn Mclain
All Faculty Scholarship
Handout from a panel at the NAALJ Annual Conference covering credibility.
Hearsay Law: Recent Developments In Maryland And In The Supreme Court, Lynn Mclain
Hearsay Law: Recent Developments In Maryland And In The Supreme Court, Lynn Mclain
All Faculty Scholarship
Handout from an Anne Arundel County Bar Association CLE class concerning then-recent developments in Maryland hearsay rules.
Please, Let’S Bury The Junk: The Codis Loci And The Revelation Of Private Information, D.H. Kaye
Please, Let’S Bury The Junk: The Codis Loci And The Revelation Of Private Information, D.H. Kaye
NULR Online
No abstract provided.
Is The “Junk” Dna Designation Bunk?, Simon A. Cole
Mediating Rules In Criminal Law, Alex Stein, Richard A. Bierschbach
Mediating Rules In Criminal Law, Alex Stein, Richard A. Bierschbach
Faculty Scholarship
No abstract provided.
Credibility: A Fair Subject For Expert Testimony?, Anne Poulin
Credibility: A Fair Subject For Expert Testimony?, Anne Poulin
Working Paper Series
This article explores the ways in which experts can assist the jury to assess the credibility of other witnesses and suggests analytical approaches to such expert testimony. The article argues that the courts should be more receptive to expert testimony bearing on witness credibility and engage in a more nuanced consideration of the role played by proffered expert testimony and how the role of the evidence affects its admissibility. Doing so should lead the courts to embrace the promise of the modern rules of evidence and permit experts to assist juries as they assess credibility.
Every Juror Wants A Story: Narrative Relevance, Third Party Guilt And The Right To Present A Defense, John H. Blume, Sheri L. Johnson, Emily C. Paavola
Every Juror Wants A Story: Narrative Relevance, Third Party Guilt And The Right To Present A Defense, John H. Blume, Sheri L. Johnson, Emily C. Paavola
Cornell Law Faculty Publications
On occasion, criminal defendants hope to convince a jury that the state has not met its burden of proving them guilty beyond a reasonable doubt by offering evidence that someone else (a third party) committed the crime. Currently, state and federal courts assess the admissibility of evidence of third-party guilt using a variety of standards. In general, however, there are two basic approaches. Many state courts require a defendant to proffer evidence of some sort of direct link or connection between a specific third-party and the crime. A second group of state courts, as well as federal courts, admit evidence …
Forensics: Crime Scene Investigation Case Closed, Christina Parente
Forensics: Crime Scene Investigation Case Closed, Christina Parente
Senior Honors Projects
No abstract provided.
The (Futile) Search For A Common Law Right Of Confrontation: Beyond Brasier's Irrelevance To (Perhaps) Relevant American Cases, Randolph N. Jonakait
The (Futile) Search For A Common Law Right Of Confrontation: Beyond Brasier's Irrelevance To (Perhaps) Relevant American Cases, Randolph N. Jonakait
Articles & Chapters
After Crawford v. Washington asserted that the Confrontation Clause constitutionalized the common law right of confrontation, cases have been suggested that illustrate that right. This short essay considers whether the 1779 English case Rex v. Brasier is such a decision, as some contend. The essay concludes that Brasier says nothing about the right of confrontation and points to a comparable framing-era, American case that indicates that general rules about hearsay and confrontation were not at issue. The essay maintains that if the historical understandings of the right of confrontation and hearsay are to control the Confrontation Clause, then framing-era, American …
Seizures Without Searches: Defining Property Seizures And Developing A Property Seizure Model, Eric R. Carpenter
Seizures Without Searches: Defining Property Seizures And Developing A Property Seizure Model, Eric R. Carpenter
Faculty Publications
No abstract provided.
Out To Lunch: Saks & Koehler Reply To Rudin & Imman's Commentary, Jonathan Koehler
Out To Lunch: Saks & Koehler Reply To Rudin & Imman's Commentary, Jonathan Koehler
Faculty Working Papers
At several points in their comment on our article in Science (1), Rudin & Inman (2, 3) asserted or clearly implied that we had been dishonest in our presentation. In each of those instances Rudin & Inman's charges are groundless, as we demonstrate below.
Had Rudin & Inman examined the actual source [see Fig. 1, right], they would have discovered that the words were indeed those of Moenssens, that they were consistent with the context in which they appeared, that Moenssens was not quoting Zain or anyone else, and that Saks & Koehler had accurately attributed the statement to its …
On The Legal Consequences Of Sauces: Should Thomas Keller's Recipes Be Per Se Copyrightable?, Christopher J. Buccafusco
On The Legal Consequences Of Sauces: Should Thomas Keller's Recipes Be Per Se Copyrightable?, Christopher J. Buccafusco
All Faculty Scholarship
The restaurant industry now takes in over $500 billion a year, but recent courts have been skeptical of the notion that one of its most valuable assets, original recipes, are subject to copyright protection. With more litigation looming and the contours of the debate insufficiently mapped out, this article establishes the appropriate groundwork for analyzing the copyrightability of recipes. I show that, contrary to recent appellate court opinions, recipes meet the statutory requirements for copyrightability. I argue, by analogizing to musical compositions, that written recipes work to satisfy the fixation requirement of copyright law just as musical notation does for …
Chimeras: Double The Dna - Double The Fun For Crime Scene Investigators, Prosecutors, And Defense Attorneys?, Catherine Arcabascio
Chimeras: Double The Dna - Double The Fun For Crime Scene Investigators, Prosecutors, And Defense Attorneys?, Catherine Arcabascio
Faculty Scholarship
This article first explores the mythological origins of the term "chimera." It then explores the causes and scientific explanations of chimerism and the various conditions covered by the term chimera in the area of genetics. Although this article will discuss the various chimeric conditions that are thought to exist, its primary focus is on chimerism that is the result of the fusing of embryos in utero. Next, the article will discuss recent cases of chimerism - and of alleged chimerism - and how the genetic differences between chimeras and the general population came to light. It also will discuss …
Circumventing Daubert In The Gene Pool, Erica Beecher-Monas
Circumventing Daubert In The Gene Pool, Erica Beecher-Monas
Law Faculty Research Publications
No abstract provided.
Probability, Policy And The Problem Of Reference Class, Robert J. Rhee
Probability, Policy And The Problem Of Reference Class, Robert J. Rhee
Faculty Scholarship
This short paper focuses on the problem of reference class in evidentiary assessment as it relates to probability and weight of evidence. The reluctance to inject mathematical formalism into the factfinding function is justified. Objective probability requires a reference class from which a proportion is derived. Probability assessments change with the reference class. If a proposition is subject to proportional comparison against two or more different references, their selection is often an inductive process. The advantage of objectivity and methodological rigor is illusory. A legal dispute is the search for a plausible understanding of the truth, and an overtly mathematized …
A Suspicionless Search And Seizure Quagmire: The Supreme Court Revives The Pretext Doctrine And Creates Another Fine Fourth Amendment Mess, Edwin J. Butterfoss
A Suspicionless Search And Seizure Quagmire: The Supreme Court Revives The Pretext Doctrine And Creates Another Fine Fourth Amendment Mess, Edwin J. Butterfoss
Faculty Scholarship
This Article contends the Supreme Court's use of a primary purpose test to regulate suspicionless searches and seizures by the government is misguided and will provide little or no protection against the evils that apparently led the Court to strike down recent schemes by government officials. The evil of the government schemes is less the purpose of the schemes than their expansion into areas and activities in which citizens should be protected from government intrusion in the absence of any suspicion of wrongdoing. Rather than facing this head on and carefully assessing whether the government schemes infringe on such areas …
Revisiting 'Dreyfus': A More Complete Account Of A Trial By Mathematics, David H. Kaye
Revisiting 'Dreyfus': A More Complete Account Of A Trial By Mathematics, David H. Kaye
Journal Articles
Legal literature and case law depicts the infamous conviction of Alfred Dreyfus for treason and espionage in 1899 as a prime example of the irresistible power of even grossly fallacious mathematical demonstrations to overwhelm a legal tribunal. This essay shows that Dreyfus is not a case of mathematics run amok, unchecked and uncomprehended. To the contrary, the defects in the mathematical proof were dramatically exposed, and this evidence did not lead Dreyfus's judges to condemn him. This history undercuts the reliance of modern courts and commentators on Dreyfus as an indication or illustration of the alleged dangers of probability evidence …
Please, Let's Bury The Junk: The Codis Loci And The Revelation Of Private Information, David H. Kaye
Please, Let's Bury The Junk: The Codis Loci And The Revelation Of Private Information, David H. Kaye
Journal Articles
This Northwestern University Law Review Colloquy paper describes the four possible ways in which genetic loci could possess predictive or diagnostic value with regard to diseases and explains why these mechanisms have not led, and probably cannot lead, to useful screening tests with the Convicted Offender DNA Index System (CODIS) profiles in national, state, and local databases. It then considers the phenotypes and familial relationships that the CODIS STRs can be used to identify. The profiles carry limited information about an individual's race and familial relationships, and the article places the resulting privacy issues in perspective. Finally, the paper comments …
The Science Of Dna Identification: From The Laboratory To The Courtroom (And Beyond), David H. Kaye
The Science Of Dna Identification: From The Laboratory To The Courtroom (And Beyond), David H. Kaye
Journal Articles
This article focuses on sequences of DNA base-pairs, which are becoming increasingly important in the field of law. These DNA sequences are used by forensic scientists to discover evidence such as blood stains, semen, saliva, and hair, and has become highly useful in the courtroom with regard to exonerating the innocent and convicting the guilty. Part I of the article examines how courts may (or may not) admit DNA evidence in court through four phases: uncritical acceptance; serious challenges to analytical methods and statistical interpretation of the results; renewed acceptance of DNA evidence; and acceptance of advance systems of DNA …
Parol Evidence Under The Cisg: The "Homeward Trend" Reconsidered, 68 Ohio St. L.J. 133 (2007), Karen H. Cross
Parol Evidence Under The Cisg: The "Homeward Trend" Reconsidered, 68 Ohio St. L.J. 133 (2007), Karen H. Cross
UIC Law Open Access Faculty Scholarship
The CISG has been described as one of history 's most successful attempts to harmonize international commercial law. Consistent with its goal of harmonizing the law of international sales, Article 7(1) of the CISG instructs courts and arbitrators to interpret the Convention in light of "its international character and the need to promote uniformity in its application. " MCC-Marble v. Ceramica Nuova D'Agostina is a U.S. decision that has been praised for its adherence to Article 7(1). In contrast with conventional academic commentary, which praises MCC-Marble and criticizes the tendency of courts to interpret the CISG in light of their …
A Proposal To Amend Rule 407 Of The Federal Rules Of Evidence To Conform With The Underlying Relevancy Rationale For The Rule In Negligence And Strict Liability Actions, 3 Seton Hall Cir. Rev. 435 (2007), Ralph Ruebner, Eugene Goryunov
A Proposal To Amend Rule 407 Of The Federal Rules Of Evidence To Conform With The Underlying Relevancy Rationale For The Rule In Negligence And Strict Liability Actions, 3 Seton Hall Cir. Rev. 435 (2007), Ralph Ruebner, Eugene Goryunov
UIC Law Open Access Faculty Scholarship
No abstract provided.
Special Issues Raised By Rape Trials, Aviva A. Orenstein
Special Issues Raised By Rape Trials, Aviva A. Orenstein
Articles by Maurer Faculty
Rape cases reveal core conflicts in the space where evidence, law, and ethics intersect. Such conflicts include the tension between victim protection and the rights of the accused, the challenges attorneys face trying to negotiate the demands of sensitive and emotionally difficult cases, and the role of the law in counteracting stereotypes and bias.
In this essay, I will begin by presenting the cultural milieu surrounding rape allegations, briefly reviewing attitudes towards perpetrators and victims. Next, I will attempt to capture the legal zeitgeist concerning rape, focusing on two recent phenomena: the reversal of false rape convictions based on DNA …
Judges, Juries, And Scientific Evidence, Valerie P. Hans
Judges, Juries, And Scientific Evidence, Valerie P. Hans
Cornell Law Faculty Publications
The rise in scientific evidence offered in American jury trials, along with court rulings thrusting judges into the business of assessing the soundness of scientific evidence, have produced challenges for judge and jury alike. Many judges have taken up the duty of becoming “amateur scientists.” But what about juries? Surely they too could benefit from assistance as they attempt to master and apply complex testimony about scientific matters during the course of a trial. Concerns about the jury’s ability to understand, critically evaluate, and employ scientific evidence in deciding complex trials have led to many suggestions for reform.
This article …
The Use And Misuse Of High-Tech Evidence By Prosecutors: Ethical And Evidentiary Issues, Robert Aronson, Jacqueline Mcmurtrie
The Use And Misuse Of High-Tech Evidence By Prosecutors: Ethical And Evidentiary Issues, Robert Aronson, Jacqueline Mcmurtrie
Articles
This essay first addresses the ethical and evidentiary standards for the emerging use of high-tech computer-generated animations and computer-assisted closing arguments. Next, this essay considers the same questions within the context of forensic DNA evidence. Third, this essay considers the ethics of prosecutors' use of such evidence and the consequences for the misuse of this evidence. Finally, this essay suggests remedies to ethical problems facing prosecutors in their use of this kind of evidence.
Peer Review And Publication: Lessons For Lawyers, Susan Haack
Peer Review And Publication: Lessons For Lawyers, Susan Haack
Articles
No abstract provided.
Is Confrontation The Bottom Line?, Roger C. Park
Is Confrontation The Bottom Line?, Roger C. Park
Faculty Scholarship
No abstract provided.
Comment: Experts Who Don't Know They Don't Know, Jonathan Koehler
Comment: Experts Who Don't Know They Don't Know, Jonathan Koehler
Faculty Working Papers
Sadly, the conclusion reached by Green and Armstrong (2006) – that experts should not be used for predicting the decisions that people will make in conflicts – comes as no surprise. Decades ago, Armstrong himself taught us that expertise beyond a minimal level does not improve judgmental accuracy across a variety of domains (Armstrong, 1980). More recently, Tetlock (2006) drove home the point in a study of hundreds of political experts who made thousands of forecasts over many years. Like Green and Armstrong (2006), Tetlock (2006) found that that expert forecasts were frequently inaccurate. In a nod to Armstrong's previous …