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1993

Evidence

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Full-Text Articles in Law

The Proper Role Of After-Acquired Evidence In Employment Discrimination Litigation, Rebecca White, Robert D. Brussack Dec 1993

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, …


United States V. Salerno: An Examination Of Rule 804(B)(1), Judith M. Mercier Nov 1993

United States V. Salerno: An Examination Of Rule 804(B)(1), Judith M. Mercier

University of Miami Law Review

No abstract provided.


Inadequate Interpreting Services In Courts And The Rules Of Admissibility Of Testimony On Extrajudicial Interpretations, Beth G. Lindie Nov 1993

Inadequate Interpreting Services In Courts And The Rules Of Admissibility Of Testimony On Extrajudicial Interpretations, Beth G. Lindie

University of Miami Law Review

No abstract provided.


Admitting Confessions Of Codefendants: Has Lee V. Illinois Created An Additional Hearsay Exception?, Christine Noworyta Nov 1993

Admitting Confessions Of Codefendants: Has Lee V. Illinois Created An Additional Hearsay Exception?, Christine Noworyta

University of Miami Law Review

No abstract provided.


The Meaning Of "Bad Faith" Under The Exceptions To The Hearsay Rule, Peter F. Valori Nov 1993

The Meaning Of "Bad Faith" Under The Exceptions To The Hearsay Rule, Peter F. Valori

University of Miami Law Review

No abstract provided.


Just The Facts, Ma'am: Lying And The Omission Of Exculpatory Evidence In Police Reports,, Stanley Z. Fisher Oct 1993

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) …


Psychiatric Evidence Of Sexual Assault Victims: The Need For Fundamental Change In The Determination Of Relevance, Sadie Bond Oct 1993

Psychiatric Evidence Of Sexual Assault Victims: The Need For Fundamental Change In The Determination Of Relevance, Sadie Bond

Dalhousie Law Journal

What follows is a discussion of the use of evidence of the complainant's psychiatric history in sexual assault trials. I will argue that the introduction of this evidence is sought mainly for the purpose of discrediting the complainant's testimony, as part of an "attack the victim" strategy. The admissibility of this evidence as relevant is the product of unfounded myths and sex-biased, if not misogynist, views about women. This evidence is rarely, if ever, relevant and its minimal probative value is, in most cases, far outweighed by its potential for exacerbating or perpetuating sex bias in the sexual assault trial. …


White V. Illinois And The "Hearsay Clause" Of The Sixth Amendment, Hansel M. Harlan Sep 1993

White V. Illinois And The "Hearsay Clause" Of The Sixth Amendment, Hansel M. Harlan

Louisiana Law Review

No abstract provided.


Louisiana Code Of Evidence Article 703: Is It A Hidden Exception To The Hearsay Rule?, Laura Owen Wingate May 1993

Louisiana Code Of Evidence Article 703: Is It A Hidden Exception To The Hearsay Rule?, Laura Owen Wingate

Louisiana Law Review

No abstract provided.


Procedural Choices In Regulatory Science, Sheila Jasanoff Mar 1993

Procedural Choices In Regulatory Science, Sheila Jasanoff

RISK: Health, Safety & Environment (1990-2002)

This paper compares four approaches to using science in regulatory decision making - one very similar to the Science Court proposal. Professor Jasanoff argues generally that that proposal would be less useful than procedures more sensitive to the distinctive characteristics of regulatory science.


Comparing Similarly Situated People In Disparate Treatment Cases, David G. Karro Jan 1993

Comparing Similarly Situated People In Disparate Treatment Cases, David G. Karro

David G. Karro

I wrote this in 1993 for paralegals and new attorneys who were having trouble understanding the concept of comparing similarly situated people in order to prove motive. Many lawyers and paralegals approach the topic mechanically, without any real conception of what makes a comparison of the treatment of people probative, or not probative, of intentional discrimination. Although fifteen years old as of the time of this writing (2008), I believe the approach remains valid and still has significant pedagogical value for newcomer to the area. The citations are also useful for lawyers under who need a quick way of getting …


The Trial Judge As Gatekeeper For Scientific Evidence: Will Ohio Rule Of Evidence 102 Frustrate The Ohio Courts' Role Under Daubert V. Merrell Dow?, Chris Mcneil Jan 1993

The Trial Judge As Gatekeeper For Scientific Evidence: Will Ohio Rule Of Evidence 102 Frustrate The Ohio Courts' Role Under Daubert V. Merrell Dow?, Chris Mcneil

Christopher B. McNeil, J.D., Ph.D.

No abstract provided.


The Unanswered Questions Of Christophersen V. Allied-Signal Corp., Richard O. Faulk Jan 1993

The Unanswered Questions Of Christophersen V. Allied-Signal Corp., Richard O. Faulk

Villanova Environmental Law Journal

No abstract provided.


Against The Tyranny Of Paraphrase: Talking Back To Texts , Elizabeth Fajans, Mary R. Falk Jan 1993

Against The Tyranny Of Paraphrase: Talking Back To Texts , Elizabeth Fajans, Mary R. Falk

Cornell Law Review

No abstract provided.


Admissibility Of Expert Testimony On Child Sexual Abuse Accommodation Syndrome In Kentucky, Michele Meyer Mccarthy Jan 1993

Admissibility Of Expert Testimony On Child Sexual Abuse Accommodation Syndrome In Kentucky, Michele Meyer Mccarthy

Kentucky Law Journal

No abstract provided.


Employee Misconduct And The Affirmative Defense Of After-Acquired Evidence, Gian Brown Jan 1993

Employee Misconduct And The Affirmative Defense Of After-Acquired Evidence, Gian Brown

Fordham Law Review

No abstract provided.


Remaking Confrontation Clause And Hearsay Doctrine Under The Challenge Of Child Sexual Abuse Prosecutions, Robert P. Mosteller Jan 1993

Remaking Confrontation Clause And Hearsay Doctrine Under The Challenge Of Child Sexual Abuse Prosecutions, Robert P. Mosteller

Faculty Publications

No abstract provided.


In Re Paoli Railroad Yard Pcb Litigation: The Jury's Role In Resolving The Battle Of The Experts, Joseph C. Kohn Jan 1993

In Re Paoli Railroad Yard Pcb Litigation: The Jury's Role In Resolving The Battle Of The Experts, Joseph C. Kohn

Villanova Environmental Law Journal

No abstract provided.


Comment Of An Expert: Biomarker Evidence Following Exposure To Pollutants, A. C. Zahalski, P.R. Mcconnachie Jan 1993

Comment Of An Expert: Biomarker Evidence Following Exposure To Pollutants, A. C. Zahalski, P.R. Mcconnachie

Villanova Environmental Law Journal

No abstract provided.


Deposing Expert Witnesses In Environmental Litigation, James B. Burns Jan 1993

Deposing Expert Witnesses In Environmental Litigation, James B. Burns

Villanova Environmental Law Journal

No abstract provided.


Due Process Jan 1993

Due Process

Touro Law Review

No abstract provided.


Right To Confrontation Jan 1993

Right To Confrontation

Touro Law Review

No abstract provided.


Right To Be Present Jan 1993

Right To Be Present

Touro Law Review

No abstract provided.


Right To Be Present Jan 1993

Right To Be Present

Touro Law Review

No abstract provided.


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.


Self Incrimination Jan 1993

Self Incrimination

Touro Law Review

No abstract provided.


Due Process Jan 1993

Due Process

Touro Law Review

No abstract provided.


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.


Myself Alone: Individualizing Justice Through Psychological Character Evidence, Andrew E. Taslitz Jan 1993

Myself Alone: Individualizing Justice Through Psychological Character Evidence, Andrew E. Taslitz

Maryland Law Review

No abstract provided.