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- Scholarly Publications (6)
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Articles 1 - 27 of 27
Full-Text Articles in Law
Evidence--The Admissibility Of Polygraph Test Results In Paternity Cases, Dale F. Sheppard
Evidence--The Admissibility Of Polygraph Test Results In Paternity Cases, Dale F. Sheppard
West Virginia Law Review
No abstract provided.
Evidence Code: Authentication And Identification, Charles W. Ehrhardt
Evidence Code: Authentication And Identification, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Evidence Code: General Provisons, Charles W. Ehrhardt
Evidence Code: General Provisons, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Corning Glass Works V. Brennan, Lewis F. Powell Jr.
Corning Glass Works V. Brennan, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Scope Of Cross-Examination And The Proposed Federal Rules, Ronald L. Carlson
Scope Of Cross-Examination And The Proposed Federal Rules, Ronald L. Carlson
Scholarly Works
In analyzing the proposed Federal Rules of Evidence, the drafting work of the Advisory Committee should not be overlooked. This is easy to do when any particular rule is isolated and criticized. For the most part, the total rules package prepared by the Advisory Committee represents a commendable effort to provide a needed set of uniform rules for federal trials. The ideas contained in the new rules are almost invariably well researched. When oversights or omissions in treatment do appear, however, it is well to raise these points for discussion. Congress is reviewing the Proposed Federal Rules, and the final …
Evidence Code: Witnesses, Charles W. Ehrhardt
Evidence Code: Witnesses, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Evidence Code: Relevancy, Charles W. Ehrhardt
Evidence Code: Relevancy, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Evidence Code: Opinions And Expert Testimony, Charles W. Ehrhardt
Evidence Code: Opinions And Expert Testimony, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Evidence Code: Judical Notice, Charles W. Ehrhardt
Evidence Code: Judical Notice, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Argument To The Jury And The Constitutional Right Of Confrontation, Ronald L. Carlson
Argument To The Jury And The Constitutional Right Of Confrontation, Ronald L. Carlson
Scholarly Works
Dean Carlson poses the question: When a prosecutor refers to evidence outside the record in his summation, has he thereby violated the accused person's constitutional right to cross-examine the witnesses against him? The prevailing view is that this is reversible error only if the defendant can prove that the reference was highly prejudicial.
After a full analysis of all the leading decisions--and these are largely analogous in nature--the author proposes a new rule and a new approach to this unexplored area.
Discovery And Presentation Of Evidence In Adversary And Nonadversary Proceedings, E. Allan Lind, John Thibaut, Laurens Walker
Discovery And Presentation Of Evidence In Adversary And Nonadversary Proceedings, E. Allan Lind, John Thibaut, Laurens Walker
Michigan Law Review
In order to evaluate fully the advantage claimed for the adversary model we sought to add a third element that would test the hypothesis under a variety of conditions. The degree to which the evidence discovered in a case favors one party at the expense of another appeared to meet this criterion. This fact-distribution element is a pervasive condition of legal conflict resolution that, intuition suggests, may significantly influence information search and transmission. Further, this variable could be easily and accurately controlled by regulating the flow of favorable information acquired by the subjects during the experiment.
The remainder of this …
Some Highlights Of The New Federal Rules Of Evidence, Mason Ladd
Some Highlights Of The New Federal Rules Of Evidence, Mason Ladd
Florida State University Law Review
No abstract provided.
Eye-Witness Identification: Legal And Practical Problems, By Nathan Sobel; Reliability Of Evidence, By Arne Trankell, Philip C. Thorpe
Eye-Witness Identification: Legal And Practical Problems, By Nathan Sobel; Reliability Of Evidence, By Arne Trankell, Philip C. Thorpe
Indiana Law Journal
No abstract provided.
Evidence--Presumptions--Application Of The Deadly Weapons Presumption In West Virginia, John P. Carter
Evidence--Presumptions--Application Of The Deadly Weapons Presumption In West Virginia, John P. Carter
West Virginia Law Review
No abstract provided.
Accused May Be Compelled To Provide Handwriting Exemplars, Voice, Blood, And Urine Samples Without Violating The Constitutional Safeguards Against Self-Incrimination., David Brian Armbrust
Accused May Be Compelled To Provide Handwriting Exemplars, Voice, Blood, And Urine Samples Without Violating The Constitutional Safeguards Against Self-Incrimination., David Brian Armbrust
St. Mary's Law Journal
Abstract Forthcoming.
Admissibility Of Evidence Of Course Of Dealing And Usage Of Trade Under Uniform Commercial Code § 2-202(A)
Washington and Lee Law Review
No abstract provided.
The Confrontation Clause And The Scope Of The Unavailability Requirement, Jerry J. Phillips
The Confrontation Clause And The Scope Of The Unavailability Requirement, Jerry J. Phillips
University of Michigan Journal of Law Reform
The confrontation clause is that language of the sixth amendment to the United States Constitution which provides, "[I]n all criminal prosecutions, the accused shall enjoy the right… to be confronted with the witnesses against him." Despite the seemingly absolute language of the confrontation clause, which would suggest that no hearsay evidence may be admitted against an accused in a criminal proceeding, its guarantee has been subject to exception. For example, when either a witness to an event or his testimony is shown to be unavailable, others will be allowed to testify as to the information which the declarant-witness has related …
Congressional Discretion In Dealing With The Federal Rules Of Evidence, Stuart M. Lockman
Congressional Discretion In Dealing With The Federal Rules Of Evidence, Stuart M. Lockman
University of Michigan Journal of Law Reform
On November 20, 1972, the Supreme Court, pursuant to statutory authority, adopted the Federal Rules of Evidence. The new rules of evidence were not to take effect, however, until ninety days after they had been submitted to Congress. The rules were officially submitted on February 5, 1973, but even before that date they had become the subject of extensive legislative debate. While some attorneys praise the codification of evidence rules as a progressive step, others maintain that certain of these promulgations will have an objectionable impact on the federal judicial system or that the Supreme Court has exceeded its authority …
Evidence Vel Non The Non Sense Of Voiceprint Identification, William R. Jones
Evidence Vel Non The Non Sense Of Voiceprint Identification, William R. Jones
Kentucky Law Journal
No abstract provided.
Admissibility Of Evidence Found By Marijuana Detection Dogs, Fredric I. Lederer, Calvin M. Lederer
Admissibility Of Evidence Found By Marijuana Detection Dogs, Fredric I. Lederer, Calvin M. Lederer
Faculty Publications
No abstract provided.
Marijuana Dog Searches After United States V. Unrue, Fredric I. Lederer, Calvin M. Lederer
Marijuana Dog Searches After United States V. Unrue, Fredric I. Lederer, Calvin M. Lederer
Faculty Publications
No abstract provided.
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
1. ADMIRALTY
DAMAGES FOR SURVIVOR'S GRIEF ARE NOT PROPERLY AWARDABLE IN GENERAL FEDERAL MARITIME ACTION FOR WRONGFUL DEATH
LONGSHOREMAN IS NOT THIRD PARTY BENEFICIARY OF MARITIME STEVEDORING AND CHARTER PARTY CONTRACTS
SHIPOWNER'S LIABILITY FOR REMOVAL OF VESSEL WRECKAGE NOT LIMITED BY THE SHIPOWNERS' LIMITED LIABILITY ACT
COURTS MAY ADOPT STATE LAW FOR MEASUREMENT OF DAMAGES IN MARITIME TORT ACTION
2. BORDER SEARCHES
A HUNCH IS INSUFFICIENT BASIS UNDER FOURTH AMENDMENT FOR BORDER SEARCH AND ARREST
3. CONSTITUTIONAL LAW
STATE STATUTE PROHIBITING THE IMPORTATION OF FOREIGN FIREARMS PARTS IS AN UNCONSTITUTIONAL INVASION OF THE CONGRESSIONAL POWER TO REGULATE FOREIGN COMMERCE
4. …
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 …
Evidence: Introduction, Paul F. Rothstein
Evidence: Introduction, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
The United States Supreme Court's evidentiary ruling during 1971-72 manifested a hardening attitude toward criminal defendants. For example, police stop-and-frisk authority was broadened (and with it the use of evidence obtained therefrom); the scope of the immunity from criminal prosecution required to be granted by a governmental body before self-incriminatory statements can be compelled from a witness was narrowed; the right to have counsel at line-ups was limited to post-indictment or post-charge line-ups (with a consequent broadening of the use of counselless identification evidence); the preliminary burden of proof on the government to initially prove the voluntariness of confessions was …
Character Evidence--The Rules Of Admissibility In Criminal Cases In Kentucky, Merle C. Clark
Character Evidence--The Rules Of Admissibility In Criminal Cases In Kentucky, Merle C. Clark
Kentucky Law Journal
No abstract provided.
The Second Circuit Review: Ix. Evidence: Introduction, Paul F. Rothstein
The Second Circuit Review: Ix. Evidence: Introduction, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
The past year's developments in the law of evidence have been characterized by a hardening attitude toward criminal defendants. The United States Supreme Court's evidentiary rulings during the term covered by the Second Circuit Review (1971-72) manifested this trend (although not uniformly). For example, police stop-and-frisk authority was broadened (and with it the use of evidence obtained therefrom); the scope of the immunity from criminal prosecution required to be granted by a governmental body before self-incriminatory statements can be compelled from a witness was narrowed; the right to have counsel at line-ups was limited to postindictment or post-charge line-ups (with …
The Proposed Amendments To The Federal Rules Of Evidence, Paul F. Rothstein
The Proposed Amendments To The Federal Rules Of Evidence, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
The Supreme Court has approved a uniform code of evidence for all federal courts. Amendments to the Supreme Court's rules are now pending in the House of Representatives. From the point of view of a specialist in the law of evidence, Professor Rothstein analyzes the differences between the Supreme Court's proposals and the House amendments and suggests solutions to these conflicts.