Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- American University Washington College of Law (4)
- Boston University School of Law (4)
- Penn State Law (4)
- Cornell University Law School (3)
- Duke Law (3)
-
- Santa Clara Law (3)
- University of Baltimore Law (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- Vanderbilt University Law School (3)
- Brooklyn Law School (2)
- Case Western Reserve University School of Law (2)
- Florida State University College of Law (2)
- Golden Gate University School of Law (2)
- Maurer School of Law: Indiana University (2)
- Mitchell Hamline School of Law (2)
- Saint Louis University School of Law (2)
- University of Colorado Law School (2)
- University of Michigan Law School (2)
- University of Pittsburgh School of Law (2)
- University of South Carolina (2)
- Villanova University Charles Widger School of Law (2)
- William & Mary Law School (2)
- Chicago-Kent College of Law (1)
- Florida International University College of Law (1)
- Fordham Law School (1)
- Northwestern Pritzker School of Law (1)
- Pace University (1)
- UC Law SF (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Miami Law School (1)
- Keyword
-
- Evidence (22)
- Criminal law (5)
- DNA (4)
- Expert testimony (4)
- Probability (4)
-
- Confrontation Clause (3)
- Google (3)
- Jurisprudence (3)
- Law and literature (3)
- Witnesses (3)
- Character evidence (2)
- Discovery (2)
- Evidence law (2)
- Expert evidence (2)
- Federal Rules of Evidence (2)
- Law and film (2)
- Law and humanities (2)
- Litigation (2)
- Maryland Rules of Evidence (2)
- Maryland law (2)
- Presumption of innocence (2)
- Probative value (2)
- Proof (2)
- Rape (2)
- Rosetta Stone (2)
- Testimony (2)
- 10th Circuit (1)
- 634 F. Supp.2d 897 (1)
- Absent Declarants (1)
- Administrative law (1)
- Publication
-
- Faculty Scholarship (13)
- All Faculty Scholarship (7)
- Faculty Publications (6)
- Articles (5)
- Journal Articles (4)
-
- Publications (4)
- Articles in Law Reviews & Other Academic Journals (3)
- Cornell Law Faculty Publications (3)
- Nevada Supreme Court Summaries (3)
- Rosetta Stone v. Google (Joint Appendix) (3)
- Vanderbilt Law School Faculty Publications (3)
- Articles by Maurer Faculty (2)
- Scholarly Publications (2)
- Working Paper Series (2)
- Amicus Briefs (1)
- Book Chapters (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Working Papers (1)
- Law Faculty Research Publications (1)
- Maryland Law Review Online (1)
- McGeorge School of Law Scholarly Articles (1)
- Popular Media (1)
Articles 61 - 68 of 68
Full-Text Articles in Law
The Nrc Report And Its Implications For Criminal Litigation, Paul C. Giannelli
The Nrc Report And Its Implications For Criminal Litigation, Paul C. Giannelli
Faculty Publications
The National Research Council, an arm of the National Academy of Sciences, issued a landmark report on forensic science in February 2009. In the long run, the report’s recommendations, if adopted, would benefit law enforcement and prosecutors. The recommendations would allow forensic science to develop a strong scientific basis and limit evidentiary challenges regarding the reliability of forensic evidence. In keeping with its congressional charge, however, the NRC Committee did not directly address admissibility issues. Nevertheless, given its content, the report will inevitably be cited in criminal cases. Indeed, within months, the United States Supreme Court cited the report, noting …
Scientific Evidence And Prosecutorial Misconduct In The Duke Lacrosse Rape Case, Paul C. Giannelli
Scientific Evidence And Prosecutorial Misconduct In The Duke Lacrosse Rape Case, Paul C. Giannelli
Faculty Publications
The need for pretrial discovery in criminal cases is critical. A defendant's right to confrontation, effective assistance of counsel, and due process often turns on pretrial disclosure. This essay discusses a case that demonstrates this point.
John Henry Wigmore, Richard D. Friedman
John Henry Wigmore, Richard D. Friedman
Book Chapters
Wigmore, John Henry (1863-1943). Law professor and dean. Wigmore was born and reared in San Francisco. His parents were both immigrants, his mother from England and his father, of English heritage, from Ireland. Harry, as he was known familiarly, was the oldest and most favored of his extraordinarily doting mother's seven children. The family was prosperous - his father had an importing business - and Harry was educated principally in private schools. He then attended Harvard College, prompting the mother to move the family to Massachusetts to be close to him. After graduating in 1883, he spent a brief interlude …
Giles V. California: A Personal Reflection, Richard D. Friedman
Giles V. California: A Personal Reflection, Richard D. Friedman
Articles
In this Essay, Professor Friedman places Giles v. California in the context of the recent transformation of the law governing the Confrontation Clause of the Sixth Amendment. He contends that a robust doctrine of forfeiture is an integral part of a sound conception of the confrontation right. One reason this is so is that cases fitting within the traditional hearsay exception for dying declarations can be explained as instances of forfeiture. This explanation leads to a simple structure of confrontation law, qualified by the principle that the confrontation right may be waived or forfeited but not subject to genuine exceptions. …
A Witness To Justice, Jessica Silbey
A Witness To Justice, Jessica Silbey
Faculty Scholarship
In the 1988 film The Accused, a young woman named Sarah Tobias is gang raped on a pinball machine by three men while a crowded bar watches. The rapists cut a deal with the prosecutor. Sarah's outrage at the deal convinces the assistant district attorney to prosecute members of the crowd that cheered on and encouraged the rape. This film shows how Sarah Tobias, a woman with little means and less experience, intuits that according to the law rape victims are incredible witnesses to their own victimization. The film goes on to critique what the right kind of witness would …
Cross-Examining Film, Jessica Silbey
Cross-Examining Film, Jessica Silbey
Faculty Scholarship
The Supreme Court decision in Scott v. Harris holds that a Georgia police officer did not violate a fleeing suspect's Fourth Amendment rights when he caused the suspect's car to crash. The court's decision relies almost entirely on the filmed version of the high-speed police chase taken from a "dash-cam," a video camera mounted on the dashboard of the pursuing police cruiser. The Supreme Court said that in light of the contrary stories told by the opposing parties to the lawsuit, the only story to be believed was that told by the video. In Scott v. Harris, the court fell …
Analysis Of Videotape Evidence In Police Misconduct Cases, Martin A. Schwartz, Jessica Silbey, Jack Ryan, Gail Donoghue
Analysis Of Videotape Evidence In Police Misconduct Cases, Martin A. Schwartz, Jessica Silbey, Jack Ryan, Gail Donoghue
Faculty Scholarship
Many evidentiary issues arise with respect to the admission of videotape evidence and computer generated simulations at trial, and the authors of this Article address these issues as they arise in police misconduct cases. Professor Schwartz provides insight into and analysis of the evidentiary principles that govern the use of video and computer simulation evidence at trial in cases where police misconduct is at issue. His discussion first addresses the issues that concern the admissibility of videotape evidence, then discusses the role of a videotape on summary judgment, and lastly, analyzes evidentiary issues with respect to computer generated simulations.
Honoring Margaret Berger With A Sensible Idea: Insisting That Judges Employ A Balancing Test Before Admitting The Accused's Convictions Under Federal Rule Of Evidence 609(A)(2), Aviva A. Orenstein
Honoring Margaret Berger With A Sensible Idea: Insisting That Judges Employ A Balancing Test Before Admitting The Accused's Convictions Under Federal Rule Of Evidence 609(A)(2), Aviva A. Orenstein
Articles by Maurer Faculty
No abstract provided.