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Articles 61 - 79 of 79
Full-Text Articles in Law
Meta-Evidence: Do We Need It?, Christopher B. Mueller
Meta-Evidence: Do We Need It?, Christopher B. Mueller
Publications
No abstract provided.
Expert Evidence, Samuel R. Gross
Expert Evidence, Samuel R. Gross
Articles
It seems that the use of expert witnesses in common law courts has always been troublesome. In his Treatise on the Law of Evidence, first published in 1848, Judge John Pitt Taylor describes several classes of witnesses whose testimony should be viewed with caution, including: enslaved people (which accounts for "the lamentable neglect of truth, which is evinced by most of the nations of India, by the subjects of the Czar, and by many of the peasantry in Ireland"); women (because they are more susceptible to "an innate vain love of the marvelous"); and "foreigners and others ... living out …
The Conflict Concerning Expert Witness And Legal Conclusions, Charles W. Ehrhardt
The Conflict Concerning Expert Witness And Legal Conclusions, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Helping Jurors To Make Sense Of Expert Testimony, David Aaronson
Helping Jurors To Make Sense Of Expert Testimony, David Aaronson
Articles in Law Reviews & Other Academic Journals
Today's jurors frequently sit in trials where confusing and conflicting expert testimony is likely to be presented by sophisticated and highly trained individuals, using terminology unfamiliar to the average person. Proposals have been made and trial courts are experimenting with various procedures—none thoroughly evaluated— to improve jurors’ ability to cope with such testimony. My purpose here is to more clearly identify the problem and to review some of the reform proposals.
The Collision Between New Discovery Amendments And Expert Testimony Rules, Paul F. Rothstein
The Collision Between New Discovery Amendments And Expert Testimony Rules, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
The young litigator's nightmare was always the same. He was in medieval Europe, ready to engage in a sword fight with the expert swordsman representing his arch rival. After countless hours of preparation, he felt confident that he would be able to hold his own against the swordsman. But when the swordsman drew his lengthy rapier from its sheath, the young attorney pulled only a short dagger from his scabbard. Realizing that he was doomed to defeat, he tossed his dagger into the air and ran from the scene with the laughter of the onlookers ringing in his ears.
The …
The Skeleton In The Closet: The Battered Woman Syndrome, Self Defense, And Expert Testimony, Victoria M. Mather
The Skeleton In The Closet: The Battered Woman Syndrome, Self Defense, And Expert Testimony, Victoria M. Mather
Faculty Articles
The criminal justice system must deal fairly, through the use of expert testimony, with the battered woman who strikes back at her abuser with deadly results. Society-at-large does not understand the battered woman, the batterer, and their relationship; historically, the criminal justice system’s response to the predicament of the battered woman has been ineffective.
The use of expert testimony in homicide cases where an allegedly battered wife kills her abuser and then claims self-defense is a controversial proposition. The evidence, however, shows that women are frequently the victims of abuse, that patterns of behavior associated with battering relationships usually exist, …
State Constitutions And Statutes As Sources Of Rights For The Mentally Disabled: The Last Frontier?, Michael L. Perlin
State Constitutions And Statutes As Sources Of Rights For The Mentally Disabled: The Last Frontier?, Michael L. Perlin
Articles & Chapters
No abstract provided.
Policing The Bases Of Modern Expert Testimony, Ronald L. Carlson
Policing The Bases Of Modern Expert Testimony, Ronald L. Carlson
Scholarly Works
The expanding array of scientific (as well as some not-so-scientific) specialties available as sources for testimony raises hard questions. Will courts require that the witness' opinions be reasonably based upon trustworthy data? How far must judges inquire into the practice of other experts in the same field prior to allowing the trial witness to proffer an expert opinion? How much of the expert's supporting data will be received in evidence? This Essay addresses these and other important questions affecting the scope of modern expert testimony.
State Constitutions And Statutes As Sources Of Rights For The Mentally Disabled: The Last Frontier?, Michael L. Perlin
State Constitutions And Statutes As Sources Of Rights For The Mentally Disabled: The Last Frontier?, Michael L. Perlin
Articles & Chapters
No abstract provided.
Modern Evidence And The Expert Witness, Faust Rossi
Modern Evidence And The Expert Witness, Faust Rossi
Cornell Law Faculty Publications
No abstract provided.
Historical Truth, Narrative Truth, And Expert Testimony, Marianne Wesson
Historical Truth, Narrative Truth, And Expert Testimony, Marianne Wesson
Publications
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.
The Silent Revolution, Faust Rossi
The Silent Revolution, Faust Rossi
Cornell Law Faculty Publications
No abstract provided.
When Death Is The Issue: Uses Of Pathological Testimony And Autopsy Reports At Trial, J. Thomas Sullivan
When Death Is The Issue: Uses Of Pathological Testimony And Autopsy Reports At Trial, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
A Look At Florida's Proposed Code Of Evidence, Charles W. Ehrhardt
A Look At Florida's Proposed Code Of Evidence, Charles W. Ehrhardt
Scholarly Publications
The law of evidence had been codified in three states, California, New Jersey and Kansas, prior to the United States Supreme Court's promulgation of the Proposed Federal Rules of Evidence. The submission of the rules to the Congress, and their approval, as amended, by the House of Representatives served as the catalyst for renewed interest in evidence codification. Three states have recently adopted comprehensive Rules of Evidence that closely parallel the Proposed Federal Rules, and at least four other states, including Florida, have drafted or are actively considering the adoption of such a codification. During the 1974 session of the …
Evidence Code: Opinions And Expert Testimony, Charles W. Ehrhardt
Evidence Code: Opinions And Expert Testimony, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Uncertain Rule Of Certainty: An Analysis And Proposal For A Federal Evidence Rule, The , Michael M. Martin
Uncertain Rule Of Certainty: An Analysis And Proposal For A Federal Evidence Rule, The , Michael M. Martin
Faculty Scholarship
Two characteristic principles of Anglo-American evidence law are the requirement that witnesses testify only to their personal observations (the "first-hand knowledge" rule) and the prohibition against witnesses testifying to their inferences (the "opinion" rule). However, a longstanding exception to these principles permits witnesses possessed of skill or learning to draw inferences, often from facts they have not personally observed. Because such expert opinion testimony is exceptional, it is hedged about with various restrictions in addition to those such as relevancy which apply to all testimony. The predicate for admission of expert opinion testimony generally consists of two elements. First, the …
Recent Developments In Eminent Domain In Arkansas, Robert R. Wright
Recent Developments In Eminent Domain In Arkansas, Robert R. Wright
Faculty Scholarship
No abstract provided.
Legislative Adaptation Of Scientific Discovery, Frank Edward Horack Jr.
Legislative Adaptation Of Scientific Discovery, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.