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Articles 1 - 30 of 65
Full-Text Articles in Law
New Federal Rules In Sex Offense Cases, Lynn Mclain
New Federal Rules In Sex Offense Cases, Lynn Mclain
All Faculty Scholarship
This article from the November/December 1995 issue of the Maryland Bar Journal details the changes made to the Federal Rules of Evidence following the enactment of the 1994 Comprehensive Crime Bill. Questions raised by the new rules and the response of the Judicial Conference are also discussed.
Third-Party Modification Of Protective Orders Under Rule 26©, Patrick S. Kim
Third-Party Modification Of Protective Orders Under Rule 26©, Patrick S. Kim
Michigan Law Review
This Note argues that similarly situated litigants always should be given access to protected discovered materials, while nonlitigants should gain access to protected materials only in exceptional circumstances. This approach effectively balances the privacy and property interests of the original parties and the intervening parties with the interests of adjudicative efficiency. Part I establishes that there is no general public right of access to civil discovery and that courts should disregard such purported rights when considering whether to modify a protective order. Part II identifies three interests that courts should weigh when considering whether to modify a protective order: the …
Evidence, Marc T. Treadwell
Evidence, Marc T. Treadwell
Mercer Law Review
- Objections
- Relevancy
- Privilege
- Witnesses
- Opinion Testimony
- Hearsay
- Authentication
Conditional Probative Value And The Reconstruction Of The Federal Rules Of Evidence, Dale A. Nance
Conditional Probative Value And The Reconstruction Of The Federal Rules Of Evidence, Dale A. Nance
Michigan Law Review
In a recent article, Richard Friedman articulates a modified and generalized version of the doctrine of conditional relevance, which he calls "conditional probative value." This version comes in response to a substantial body of academic criticism of the traditional doctrine. As one of the critics to whom Professor Friedman responds, I offer this reply with two purposes in mind: (1) to clarify the relationship between Friedman's analysis and my earlier reinterpretation of the conditional relevance doctrine; and (2) to address Friedman's specific proposals with regard to the Federal Rules of Evidence. I conclude that Friedman's articulation helps clarify the logic …
Dna Profiling In North Carolina, James Morgan
Dna Profiling In North Carolina, James Morgan
North Carolina Central Law Review
No abstract provided.
"X-Spurt" Witnesses, Richard H. Underwood
"X-Spurt" Witnesses, Richard H. Underwood
Law Faculty Scholarly Articles
In this article the author pulls together a history of expert witnesses in common law systems. Various issues are explored regarding expert witness testimony, including: the historical underpinnings of the practice, how Daubert controls that issue in modern times, rules of evidence, psychological science, and professional ethics.
The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker
The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker
Akron Law Faculty Publications
No abstract provided.
Using Leading Questions During Direct Examination, Charles W. Ehrhardt, Stephanie J. Young
Using Leading Questions During Direct Examination, Charles W. Ehrhardt, Stephanie J. Young
Florida State University Law Review
No abstract provided.
No Magic Formula: A New Approach For Calculating The Ten Year Time Period For Admission Of Prior Conviction Evidence, Amy E. Sloan
No Magic Formula: A New Approach For Calculating The Ten Year Time Period For Admission Of Prior Conviction Evidence, Amy E. Sloan
All Faculty Scholarship
Federal Rule of Evidence (FRE) 609 governs admission of prior conviction evidence. Under this rule, it is easier to admit evidence of a prior conviction that is less than ten years old than to admit evidence of older convictions. The ten year period is measured from the later of either the date of conviction or the date of release from confinement.
Calculating the ten year period is fairly straightforward in most cases but becomes confusing when the witness has been confined for violating the terms of probation, parole, or some other period of conditional release. Does the confinement for violation …
The Admissibiity Of Inculpatory Statements In Washington Under The Rule For Declarations Against Interest After Williamson V. United States, Julianna Gortner
The Admissibiity Of Inculpatory Statements In Washington Under The Rule For Declarations Against Interest After Williamson V. United States, Julianna Gortner
Washington Law Review
Washington courts hold that where a statement by an unavailable declarant, offered in the trial of a third party inculpated by the statement, is predominantly disserving to the declarant's penal interest, the statement is admissible under the hearsay exception for declarations against interest. Federal courts have split on the admissibility of such declarations, with some courts holding that any non-disserving portions must be severed and excluded. In Williamson v. United States, the United States Supreme Court narrowed the scope of Federal Rule of Evidence 804(b)(3) on declarations against interest and held that only the individual portions of such statements that …
The Presumption Of Innocence Imperiled: The New Federal Rules Of Evidence 413-415 And The Use Of Other Sexual-Offense Evidence In Washington, Jeffrey G. Pickett
The Presumption Of Innocence Imperiled: The New Federal Rules Of Evidence 413-415 And The Use Of Other Sexual-Offense Evidence In Washington, Jeffrey G. Pickett
Washington Law Review
The U.S. Congress has provisionally enacted three new federal rules of evidence (FRE). In cases of sexual assault or child molestation, FRE 413-415 allow the use, for any relevant purpose, of sexual assault or child molestation evidence not charged in the indictment or information. The new rules would operate in contravention of the traditional prohibition against using evidence of other misconduct for the purpose of proving that the defendant acted in conformity with a particular character trait on the occasion in question. This Comment surveys the arguments for and against the proposed changes. It concludes that Washington should not elect …
Hewitt V. Kalish: Qualifying As An "Expert Competent To Testify" Under O.C.G.A Section 9-11-9.1, Richard T. Hills
Hewitt V. Kalish: Qualifying As An "Expert Competent To Testify" Under O.C.G.A Section 9-11-9.1, Richard T. Hills
Mercer Law Review
In Hewett v. Kalish, plaintiff, Hewett, sued Kalish, a podiatrist, for the negligent treatment of her tarsal tunnel syndrome condition. As required by Official Code of Georgia Annotated section 9-11-9.1, plaintiff filed with her complaint the affidavit of an orthopedic surgeon, Dr. Alan D. Davis. The affidavit set forth Dr. Davis' professional credentials, his hospital affiliations, and his curriculum vitae. The relevant portion of the affidavit provided:
I am... competent to testify as an expert on behalf of [plaintiff] in an action for professional malpractice arising out of the diagnosis, care and treatment of [plaintiff] from January 1988 through …
Evidence, Marc T. Treadwell
Evidence, Marc T. Treadwell
Mercer Law Review
In recent past evidence surveys, the author has suggested, perhaps presumptuously, that the Eleventh Circuit has markedly decreased its level of scrutiny of district court evidentiary decisions. It appears that in most cases, the Eleventh Circuit is willing to defer broadly to the discretion afforded district judges in evidentiary rulings. As a result, the number of Eleventh Circuit decisions in which evidentiary issues played a predominant part has decreased. Decisions rendered by the Eleventh Circuit during the current survey period suggest that the court is allocating its resources to evidentiary issues in which appellate guidance is broadly needed rather than …
The Federal Rules Of Evidence--Past, Present, And Future: A Twenty-Year Perspective, Faust Rossi
The Federal Rules Of Evidence--Past, Present, And Future: A Twenty-Year Perspective, Faust Rossi
Cornell Law Faculty Publications
This Essay surveys three major transformations in state and federal rules of evidence since the introduction of the Federal Rules of Evidence. The Rules have not only inspired a movement toward codification in the states, they have also liberalized the admission of expert testimony and hearsay. This partially explains thirteen states' reluctance to codify. Judges have furthered this trend by admitting far more discretionary hearsay evidence than Congress intended. Professor Rossi doubts this expansion of the hearsay exceptions would have occurred without the adoption of the FRE and suggests that the newly formed Advisory Committee will produce greater substantive changes …
Is The Doctor Hostile--Obstructive Impairments And The Hostility Rule In Federal Black Lung Claims, Timothy F. Cogan
Is The Doctor Hostile--Obstructive Impairments And The Hostility Rule In Federal Black Lung Claims, Timothy F. Cogan
West Virginia Law Review
No abstract provided.
A Six Step Analysis Of Other Purposes Evidence Pursuant To Rule 404(B) Of The North Carolina Rules Of Evidence, T. M. Ringer Jr.
A Six Step Analysis Of Other Purposes Evidence Pursuant To Rule 404(B) Of The North Carolina Rules Of Evidence, T. M. Ringer Jr.
North Carolina Central Law Review
No abstract provided.
Abandoning New York's "General Acceptance" Requirement: Redesigning Proposed Rule Of Evidence 702(B) After Daubert V. Merrell Dow Pharmaceuticals, Inc., Stuart J. Graham
Abandoning New York's "General Acceptance" Requirement: Redesigning Proposed Rule Of Evidence 702(B) After Daubert V. Merrell Dow Pharmaceuticals, Inc., Stuart J. Graham
Buffalo Law Review
No abstract provided.
Bitter Battles: The Use Of Psychological Evaluations In Child Custody Disputes In West Virginia, Alison Richey Mcburney
Bitter Battles: The Use Of Psychological Evaluations In Child Custody Disputes In West Virginia, Alison Richey Mcburney
West Virginia Law Review
No abstract provided.
Opening The Door To The Grand Jury: Abandoning Secrecy For Secrecy's Sake, George Edward Dazzo
Opening The Door To The Grand Jury: Abandoning Secrecy For Secrecy's Sake, George Edward Dazzo
University of the District of Columbia Law Review
The grand jury in the United States is hailed by its proponents as an indispensable buffer of protection from malicious and unfounded prosecution by the State. Critics, however, liken the investigatory body to a rubber stamp of the prosecutor, analogous to early English grand jurors who were subject to the influences of the Monarch. Criticism of the grand jury often focuses on the grand jury's potential for oppression rather than protection of the individual.' In particular, it is the secrecy of the grand jury that sparks the most debate.'
The Advocate's Conflicting Obligations Vis-A.-Vis Adverse Medical Evidence In Social Security Proceedings, Robert E. Rains
The Advocate's Conflicting Obligations Vis-A.-Vis Adverse Medical Evidence In Social Security Proceedings, Robert E. Rains
BYU Law Review
No abstract provided.
3. False Allegations And False Denials In Child Sexual Abuse., Thomas D. Lyon
3. False Allegations And False Denials In Child Sexual Abuse., Thomas D. Lyon
Thomas D. Lyon
The Expert’S Role In Construction Disputes, Robert Greenstreet
The Expert’S Role In Construction Disputes, Robert Greenstreet
Architecture Faculty Articles
This article explores the part that the expert witness plays in construction disputes and provides guidance for those who are asked to act in that capacity.
Probability And Proof In State V. Skipper: An Internet Exchange, Roger C. Park, Ronald J. Allen
Probability And Proof In State V. Skipper: An Internet Exchange, Roger C. Park, Ronald J. Allen
Faculty Scholarship
No abstract provided.
The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil
The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil
LLM Theses and Essays
Under the American approach to criminal justice, freedom of the individual is of the utmost importance. The American criminal justice system reflects a distrust of abuse of power and an emphasis on protection of personal freedom. However, the French take a contrary approach; under French law, freedom is achieved through the State. This paper examines the protection of individuals’ rights in American and French criminal procedure. Focus will be given to tracking the police investigatory powers in each country through searches and seizures, and the impact that those powers have on individuals’ rights. This paper will assert that the police …
Prosecutorial Misconduct In Presenting Evidence: "Backdooring" Hearsay, Bennett L. Gershman
Prosecutorial Misconduct In Presenting Evidence: "Backdooring" Hearsay, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Rules of evidence are designed to bring about just and informed decisions. One of these rules, the hearsay rule, is designed to ensure that juries receive reliable evidence, and that out-of-court statements ordinarily are inadmissible. Prosecutors are well aware of these evidentiary restrictions, but occasionally seek to circumvent them. The author describes methods used by some prosecutors to manipulate the hearsay rule and thereby distort the truth-finding process of the trial.
Consent, Credibility And The Constitution: Evidence Relating To A Sex Offense Complainant’S Prior Sexual Behavior, Clifford S. Fishman
Consent, Credibility And The Constitution: Evidence Relating To A Sex Offense Complainant’S Prior Sexual Behavior, Clifford S. Fishman
Scholarly Articles
This article analyzes the theories cited by defendants, and occasionally prosecutors, to admit evidence of a rape complainant's prior sexual conduct. On the whole, courts have adequately balanced the conflicting interests presented by such evidence with concern for justice and equity. Substantial clarification, however, is required as to whether a judge is authorized, in deciding upon admissibility, to assess the credibility of the complainant, defendant, and other witnesses.
Subpopulation Heterogeneity And Statistical Unreliability In Forensic Dna Typing, Nick Craig
Subpopulation Heterogeneity And Statistical Unreliability In Forensic Dna Typing, Nick Craig
Presidential Scholars Theses (1990 – 2006)
This paper consists of an overview of the procedures and criticisms involved in current forensic DNA typing. The opening presents a brief introduction to the genetic characteristics of DNA, followed by a review of the typing procedure. The main emphasis of the paper is the criticisms of the current procedure. These criticisms include an attack on the independence assumption and its justification of the use of the multiplication rule in calculating test results. A number of experts have proposed that heterogeneity within ethnic subpopulations may significantly undermine the independence assumption and render invalid the use of the multiplication rule. Others …
Classical Rhetoric, Practical Reasoning, And The Law Of Evidence , Eileen A. Scallen
Classical Rhetoric, Practical Reasoning, And The Law Of Evidence , Eileen A. Scallen
American University Law Review
No abstract provided.
The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker
The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker
Robert L Tucker
No abstract provided.
Simplifying The Law In Medical Malpractice: The Use Of Practice Guidelines As The Standard Of Care In Medical Malpractice Litigation, Sam A. Mcconkey Iv
Simplifying The Law In Medical Malpractice: The Use Of Practice Guidelines As The Standard Of Care In Medical Malpractice Litigation, Sam A. Mcconkey Iv
West Virginia Law Review
No abstract provided.