Law Commons^™

The Statutory Development Of The Parent-Child Privilege: Congress Responds To Kenneth Starr's Tactics, Shonah P. Jefferson

Georgia State University Law Review

No abstract provided.

Confidentiality, Privilege And Rule 408: The Protection Of Mediation Proceedings In Federal Court, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.

Writing Contracts In The Client's Interest, James P. Nehf

South Carolina Law Review

No abstract provided.

When Your Rival Becomes Your Dance Partner: Mary Carter Agreements In Missouri Courts, Thomas G. Pirmantgen

Missouri Law Review

Mary Carter agreements2 occur when a plaintiff asserting liability against joint tortfeasors 3 enters into a settlement agreement with less than all of the defendants. The settling defendant, who remains a party at trial, obtains the possibility of offsetting her financial exposure depending on how much money the plaintiff recovers from the other defendants. These agreements pose a potential threat to the adversarial nature of the trial process. This threat is especially severe when the trier of fact is not apprised of the agreement.4 Although maintaining the adversarial character of judicial proceedings is a public policy deserving of protection, 5 …

Business Records Exception To The Hearsay Rule--New Is Not Necessarily Better, The, Sidney Kwestel

Missouri Law Review

Among the most significant exceptions to the hearsay rule is the business records exception.' With roots in the common law,2 it is based on the premise that records made in the regular course of business are sufficiently reliable to justify admitting them as proof of the matters asserted in them without the safeguard of cross examination.3 Widespread acceptance of a codified business records exception followed a 1927 study4 that proposed such a statute (the Model Act)' and urged its passage by everyjurisdiction.6 Congress,7 as well as several

Whether The Federal Rules Of Evidence Should Be Conceived As A Perpetual Index Code: Blindness Is Worse Than Myopia, Edward J. Imwinkelried

William & Mary Law Review

No abstract provided.

Evidence Myopia: The Failure To See The Federal Rules Of Evidence As A Codification Of The Common Law, Glen Weissenberger

William & Mary Law Review

No abstract provided.

The Elusive Identity Of The Federal Rules Of Evidence, Glen Weissenberger

William & Mary Law Review

No abstract provided.

Conflicts Of Interest In Scientific Expert Testimony, Mark R. Patterson

William & Mary Law Review

No abstract provided.

Expert Testimony: Seeking An Appropriate Admissibility Standard For Behavioral Science In Child Sexual Abuse Prosecutions, Dara Loren Steele

Duke Law Journal

No abstract provided.

Seeing Is Believing; Or Is It? An Emperical Study Of Computer Simulations As Evidence., Robert B. Bennett, Jordan H. Leibman, Richard Fetter

Scholarship and Professional Work - Business

Relying on the old adage, "seeing is believing," we conclude that the jury may give undue weight to an animated reconstruction of the accident .... It would be an inordinately difficult task for the plaintiff to counter, by cross-examination or otherwise, the impression that a computerized depiction of the accident is necessarily more accurate than an oral description of how the accident occurred. Because the expert's conclusion would be graphically depicted in a moving and animated form, the viewing of the computer simulation might more readily lead the jury to accept the data and premises underlying the defendant's expert's opinion... …

Missouri's Law On Admissibility Of Other Crimes Evidence: Increasing Inclusivity, Justin M. Dean

Missouri Law Review

Evidence of other crimes, or uncharged misconduct evidence as it is commonly called, has been important in many criminal trials, including such well-publicized trials as that of O.J. Simpson for murder and those of William Kennedy Smith and Mike Tyson for rape.2 Furthermore, this type of evidence is important because studies have shown that admission of uncharged misconduct evidence greatly increases the likelihood that a jury will find the defendant guilty.3 State v. Skillicorn4 presents a look at the current state of the law concerning admission of other crimes evidence in Missouri. The case illustrates the difficulty in applying current …

Constitutional Protection For Conversations Between Therapists And Clients, Paul E. Salamanca

Missouri Law Review

People have long perceived a connection between mental and even physical illness and spiritual anguish. Yet, modem culture tends to view both types of illness from an increasingly medical perspective, seeking a genetic or environmental explanation. In most cases, this "medical model" is probably the best approach, even if it is imperfect. First, the purely medical explanation may be accurate. Second, even if it is not accurate, treating the symptoms of a disease with a spiritual source is probably far easier than treating the source itself. Ultimately, however, we must take note that disease is often not the result of …

The Use Of Expert Proofs In Complex Product Liability Litigation In New York: A Preliminary Consideration Of Varying Federal And New York State Approaches To Disclosure And Admissibility, Steven J. Phillips

Touro Law Review

No abstract provided.

The Business Records Exception To The Hearsay Rule - New Is Not Necessarily Better, Sidney Kwestel

Scholarly Works

No abstract provided.

Etchings On Glass: Reflections On The Science Of Proof, Louise Harmon

Scholarly Works

No abstract provided.

Living A Lie: The Cost Of Qualified Immunity, Diana Hassel

Missouri Law Review

Throughout the modem civil rights era,' a silent struggle has been waged over civil liability for the violation of constitutional rights. The issues struggled with are what kinds of constitutional wrongs should be compensated and out of whose purse the damages should come. The mechanism for resolution of these issues has largely been the application of immunity defenses to civil rights remedies. A system of immunity defenses has been overlaid on the broad remedy provided by 42 U.S.C. § 1983 (hereinafter "Section 1983Y').2 A determination of the scope of the immunity defense-which government officials should get it and how much-has …

Agostini V. Felton: Shifting The Evidentiary Burden In Establishment Clause Challenges Back To The Plaintiff, Brian Saccenti

Maryland Law Review

No abstract provided.

When Justice Fails: Indemnification For Unjust Conviction, Adele Bernhard

Articles & Chapters

The first section of this article reviews the evidence, both historical and contemporary, documenting the existence and frequency of wrongful convictions. The next dissects an actual case to illustrate how an innocent person can be convicted and why, once the error has been corrected and the conviction is vacated, that person generally has no legal action for damages in the absence of indemnification legislation. The third section argues that society has a moral obligation to assist the wrongfully convicted; that indemnification legislation is a better approach than reliance on ''moral obligation" bills; and that enacting legislation is possible - just …

Should The Courts Incorporate A Best Evidence Rule Into The Standard Determining The Admissibility Of Scientific Testimony: Enough Is Enough Even When It Is Not The Best ?, Edward J. Imwinkelried

Case Western Reserve Law Review

No abstract provided.

Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer

Faculty Publications

No abstract provided.

A True Crime: A Review Of Janet Malcolm, The Crime Of Sheila Mcgough (Book Review), Michael Ariens

Faculty Articles

No abstract provided.

Burden Of Proof: Judging Science And Protecting Public Health In (And Out Of) The Courtroom, George J. Annas

Faculty Scholarship

The breast implant cases alleging systemic disease would in all likelihood have been lost had recipients been properly warned of potential dangers by the manufacturer or their surgeons.

Opening The Door But Keeping The Lights Off: Kumho Tire Co. V. Carmichael And The Applicability Of The Daubert Test To Nonscientific Evidence, K. Issac Devyver

Case Western Reserve Law Review

No abstract provided.

Still Adjusting To Markman: A Prescription For The Timing Of Claim Construction Hearings, William F. Lee, Anita K. Krug

Articles

This Article argues that, in most cases, there is an optimal time for holding the Markman hearing.

Part II provides a short summary of both the Federal Circuit's holding in Markman and the rationale behind the Supreme Court's affirmance of that holding. It then delves into the predictable effects of Markman, as well as into the maze of questions that the decision has engendered and the ways in which the district courts have answered those questions.

Part III discusses the issue of the timing of claim construction hearings, presenting at the outset the possible alternatives. It argues that holding …

Attorney-Client Privilege When The Client Is A Public Official: Litigating The Opening Act Of The Impeachment Drama, Timothy K. Armstrong

Faculty Articles and Other Publications

The divided panel decision of the U.S. Court of Appeals for the D.C. Circuit in /n re Lindsey, 158 F.3d 1263 (D.C. Cir.), cert. denied, 119 S. Ct. 466 (1998), represented a dramatic shift in that court's thinking on the question whether the attorney-client privilege protects what a government official says to his agency's counsel in confidence. Although the court of appeals in at least four previous decisions had held that a government agency client holds the same privilege any other client would under like circumstances to communicate with counsel in private, the Lindsey court took a quite different view.

Impeachment: Evidence Amendments, Paul C. Giannelli

Faculty Publications

No abstract provided.

Interpretation Of The Kentucky Rules Of Evidence—What Happened To The Common Law?, Robert G. Lawson

Law Faculty Scholarly Articles

The Kentucky Rules of Evidence, which became effective on July 1, 1992, dramatically transformed the method by which lawyers and judges address evidence issues. Before the adoption of the Rules, the law of evidence consisted mostly of a vast collection of common law rulings, accumulated over two centuries and inaccessible to lawyers and judges for all practical purposes. In addressing an evidence issue, participants had to first deal with the problem of "finding" the law-distilling from a morass of conflicting common law precedents the ones applicable to the issue at hand, a task regularly producing contention rather than agreement and, …

Narrative Relevance, Imagined Juries, And A Supreme Court Inspired Agenda For Jury Research, Richard O. Lempert

Articles

This paper has its roots in Old Chief v. United States, a case the Supreme Court of the United States decided in 1997. I will begin by describing this case; then comment on its implications for the Supreme Court's conception of the jury, and conclude by examining the agenda one may draw from it for empirical jury research. Old Chief arose when Johnny Lynn Old Chief was charged not only with assault with a dangerous weapon and using a firearm in the commission of a crime of violence, but also with violating a law that precludes convicted felons from possessing …

Texas Rule Of Evidence 503: Defining Scope Of Employment For Corporations Comment., Craig W. Saunders

St. Mary's Law Journal

The attorney-corporate client privilege should be regarded as encompassing only communications made to the corporation’s counsel by employees in the scope of their employment. The Supreme Court of Texas and the Texas Court of Criminal Appeals ordered the merger of the Civil and Criminal Rules of Evidence. The merger became effective on March 1, 1998 and is now known as the Texas Rules of Evidence. Although the civil and criminal rules often mirror each other, one monumental change is in the new version of Rule 503. This new version significantly alters the analysis used in a corporate context and determines …