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Articles 1 - 7 of 7

Full-Text Articles in Law

Initiative Enigmas, Richard Collins Jan 1994

Initiative Enigmas, Richard Collins

Articles

No abstract provided.


Déjà-Vu All Over Again- Elliott's Critique Of Eyewitness Experts, Saul M. Kassin, Phoebe C. Ellsworth, Vicki L. Smith Jan 1994

Déjà-Vu All Over Again- Elliott's Critique Of Eyewitness Experts, Saul M. Kassin, Phoebe C. Ellsworth, Vicki L. Smith

Articles

Echoing McCloskey and Egeth (1983), and motivated by Kassin, Ellsworth, and Smith's (1989) survey of 63 eyewitness experts, Elliott (1993) recently attacked the use of psychological experts on eyewitness testimony. There are two principal shortcomings of this critique. First, it misrepresents the eyewitness literature and the experts who use it. Second, it merely parrots complaints of the past. The same old arguments are made about the lack of sufficient research evidence, the standards by which experts should conduct their affairs, and the impact of it all on the jury. Perhaps the field needs periodic prodding and consciousness-raising on this ...


The 'Right To Die': A Catchy But Confusing Slogan, Yale Kamisar Jan 1994

The 'Right To Die': A Catchy But Confusing Slogan, Yale Kamisar

Articles

Some 30 years ago an eminent constitutional law scholar Charles L. Black, Jr., spoke of "toiling uphill against that heaviest of all argumental weights-the weight of a slogan. I am reminded of that observation when I confront the slogan the "right to die." Few rallying cries or slogans are more appealing and seductive than the "right to die." But few are more fuzzy, more misleading, and more misunderstood.


Responding To Gender Bias In The Courts: Progress Without Accountability, Suellyn Scarnecchia Jan 1994

Responding To Gender Bias In The Courts: Progress Without Accountability, Suellyn Scarnecchia

Articles

On December 19, 1989, we received the final report of the Michigan Supreme Court Task Force on Gender Issues (task force report). The task force made 91 recommendations, plus an additional 18 joint recommendations with the Task Force on Racial/Ethnic Issues in the Courts. The Michigan Supreme Court, the State Bar of Michigan and other individuals and organizations have made much progress in responding to the recommendations, with one glaring omission-Although jointly recommended by both task forces as "essential to the realization of the goals envisioned in the goals envisioned in the reports," the Supreme Court has failed to ...


Taxation Of Punitive Damages Obtained In A Personal Injury Claim, Douglas A. Kahn Jan 1994

Taxation Of Punitive Damages Obtained In A Personal Injury Claim, Douglas A. Kahn

Articles

The author explains that in recent court opinions and commentaries concerning whether punitive damages are taxable, considerable weight has been given to a negative inference that appears to lurk in a 1989 amendment to the relevant code provision, section 104(a)(2). To the contrary, he argues, the legislative history of that amendment and the form that the bill had when it was reported out of the Conference Committee establish beyond doubt that no such inference is warranted.


Chaos And The Law Of Borrowed Servant: An Argument For Consistency, J. Dennis Hynes Jan 1994

Chaos And The Law Of Borrowed Servant: An Argument For Consistency, J. Dennis Hynes

Articles

No abstract provided.


The Death And Transfiguration Of Frye, Richard D. Friedman Jan 1994

The Death And Transfiguration Of Frye, Richard D. Friedman

Articles

The rule of Frye v. United States was seventy years old, and had long dominated American law on the question of how well established a scientific principle must be for it to provide the basis for expert testimony. Even after the passage of the Federal Rules of Evidence, several of the federal circuits, as well as various states, purported to adhere to Frye's "general acceptance" standard. But now, unanimously, briefly, and with no apparent angst, the United States Supreme Court has held in Daubert v. Merrell Dow Pharmaceuticals, Inc. that the Frye rule is incompatible with the Federal Rules.