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Articles 1 - 30 of 49
Full-Text Articles in Law
Are Police Free To Disregard Miranda?, Steven D. Clymer
Are Police Free To Disregard Miranda?, Steven D. Clymer
Cornell Law Faculty Publications
Criminal Law And Procedure, Julie E. Mcconnell, Gregory Franklin, Craig Winston Stallard
Criminal Law And Procedure, Julie E. Mcconnell, Gregory Franklin, Craig Winston Stallard
University of Richmond Law Review
No abstract provided.
Family Law, Elizabeth P. Coughter, Ronald R. Tweel
Family Law, Elizabeth P. Coughter, Ronald R. Tweel
University of Richmond Law Review
No abstract provided.
7. Expert Testimony On The Suggestibility Of Children: Does It Fit?, Thomas D. Lyon
7. Expert Testimony On The Suggestibility Of Children: Does It Fit?, Thomas D. Lyon
Thomas D. Lyon
Document Destruction After Arthur Andersen: Is It Still Housekeeping Or Is It A Crime, Steven Lubet
Document Destruction After Arthur Andersen: Is It Still Housekeeping Or Is It A Crime, Steven Lubet
The Journal of Appellate Practice and Process
No abstract provided.
Tailored Police Testimony At Suppression Hearings, Joel Atlas
Tailored Police Testimony At Suppression Hearings, Joel Atlas
Cornell Law Faculty Publications
Whether a court must suppress evidence typically turns on the conduct or observations of the police officer who discovered the evidence. By falsely testifying to the facts surrounding the discovery of the evidence, a police officer may validate a blatantly unconstitutional search. New York courts have long recognized that police officers sometimes fabricate suppression testimony to meet constitutional restrictions. Indeed, the Appellate Division has rejected police testimony at suppression hearings where the officer’s testimony appears to have been “patently tailored to nullify constitutional objections.” Although, to be sure, rejections are rare and their number appears to be declining, the appellate …
Empirical Evidence And Malpractice Litigation, Philip G. Peters Jr.
Empirical Evidence And Malpractice Litigation, Philip G. Peters Jr.
Faculty Publications
Critics of medical malpractice litigation believe that expert testimony is often anecdotal and biased. To remedy this problem, several have recently suggested that attorneys should provide and courts should seek reliable empirical evidence of actual clinical norms. Their suggestion should be welcomed. If our expectations are realistic and the design pitfalls are avoided, greater use of use of empirical research will improve the fairness of malpractice adjudication. At least in theory, it could be useful in both the "easy" cases (where it reveals that a consensus standard of care exists) and also some of the harder cases (where clinical practices …
Convictions Of Innocent Persons In Massachusetts: An Overview, Stanley Z. Fisher
Convictions Of Innocent Persons In Massachusetts: An Overview, Stanley Z. Fisher
Faculty Scholarship
Scholars documenting the incidence and causes of wrongful convictions in the United States have focused on cases arising all across the country. Because reform of the practices that lead to such errors of justice must largely take place on the state level, there is value in examining wrongful convictions in particular jurisdictions. This article attempts to identify and briefly describe all known cases of conviction of innocent persons in Massachusetts from 1800 to the present time. Part I discusses the criteria for identifying "the innocent." For the purpose of gaining support for needed reforms in the law, the most persuasive …
Testing The Admissibility Of Trademark Surveys After Daubert, Artemio Rivera
Testing The Admissibility Of Trademark Surveys After Daubert, Artemio Rivera
Artemio Rivera
To be admissible, a survey must apply the principles of survey research to the target population in a reliable manner, and base its results upon sufficient interviews and responses. These requirements make clear that the existence of flaws in a survey is not simply a matter of weight to be resolved by the fact finder, but an issue of admissibility that must be determined by the courts as part of their gate keeping duties.
6. Child Witnesses And The Oath., Thomas D. Lyon
6. Child Witnesses And The Oath., Thomas D. Lyon
Thomas D. Lyon
An Introduction To The Rules Of Evidence Applicable To Collection Cases In Maryland Trial Courts, Lynn Mclain
An Introduction To The Rules Of Evidence Applicable To Collection Cases In Maryland Trial Courts, Lynn Mclain
All Faculty Scholarship
This class handout introduces students to the basic concepts of evidence using examples and language from the Maryland Rules of Evidence.
Reverse Presumptions: Guillen V. Pierce County Disregards Reasonable Constitutional Interpretations Of 23 U.S.C. § 409, Megan Walseth
Reverse Presumptions: Guillen V. Pierce County Disregards Reasonable Constitutional Interpretations Of 23 U.S.C. § 409, Megan Walseth
Washington Law Review
To prove that dangerous roadways caused their traffic accidents, plaintiffs often seek discovery of highway information from state and local governments. Title 23 U.S.C. § 409 bars discovery of some of that information; it creates an evidentiary privilege for materials and data collected for certain federal highway safety funding programs. For example, state and local governments receiving funds through the federal hazard elimination program codified at 23 U.S.C. § 152 must maintain an engineering survey of all state public roads. Section 409, in turn, makes certain data and materials compiled or collected for § 152 exempt from discovery and inadmissible …
Evidence, Robin Jean Davis, Louis J. Palmer Jr.
Evidence, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Proposed Amendments To Fed. R. Crim. P. 26: An Exchange: Remote Testimony - A Prosecutor's Perspective, Lynn Helland
Proposed Amendments To Fed. R. Crim. P. 26: An Exchange: Remote Testimony - A Prosecutor's Perspective, Lynn Helland
University of Michigan Journal of Law Reform
Although the Supreme Court has declined, for now, to endorse the Judicial Conference proposal to add a Rule 26(b) of the Federal Rules of Criminal Procedure to permit live video testimony under limited circumstances, I agree with Professor Friedman that the matter is far from over. This is both because the potential benefits to be realized from the use of remote video testimony are too large to ignore and because, on closer inspection, any Confrontation Clause concerns that might underlie the Court's hesitation to adopt the proposal are not warranted. My purpose in writing is to summarize some of the …
Computer Searches And Seizures: Some Unresolved Issues, Susan W. Brenner, Barbara A. Frederiksen
Computer Searches And Seizures: Some Unresolved Issues, Susan W. Brenner, Barbara A. Frederiksen
Michigan Telecommunications & Technology Law Review
The goal of this article is to illustrate the issues that arise in the context of computer search and seizures by examining several areas in which the application of Fourth Amendment concepts to computer searches and/or seizures can be problematic. In order to illustrate this point, the article will build on a hypothetical. The hypothetical situation assumes law enforcement officers have lawfully obtained a warrant to search for and seize evidence concerning the commission of one or more crimes. It will also be assumed that computer technology played some role in the commission of these crimes, so computer equipment and …
5. Scientific Support For Expert Testimony On Child Sexual Abuse Accommodation., Thomas D. Lyon
5. Scientific Support For Expert Testimony On Child Sexual Abuse Accommodation., Thomas D. Lyon
Thomas D. Lyon
The Legal Context And Contributions Of Dostoevsky's Crime And Punishment, William Burnham
The Legal Context And Contributions Of Dostoevsky's Crime And Punishment, William Burnham
Michigan Law Review
Dostoevsky's Crime and Punishment is of more than average interest to lawyers. The title perhaps says it all in terms of content. The chief protagonist, the murderer Raskolnikov, is a law student on a break from his studies. And the pursuer of the murderer is a lawyer, an examining magistrate. But the more subtle and more important legal aspects of Crime and Punishment concern the time period in Russian legal history in which the novel was written and is set. The 1860s in Russia were a time of tremendous legal change. Among other things, an 1861 decree emancipated the serfs …
"Speaking Rights": Evaluating Juror Discussions During Civil Trials, Paula Hannaford-Agor, Valerie P. Hans, G. Thomas Munsterman
"Speaking Rights": Evaluating Juror Discussions During Civil Trials, Paula Hannaford-Agor, Valerie P. Hans, G. Thomas Munsterman
Cornell Law Faculty Publications
Permitting jurors to discuss evidence during civil trials may facilitate understanding and provide an outlet for their thoughts and questions, and does not appear to lead to prejudgment or prejudice.
Admitting Expert Testimony In Federal Courts And Its Impact On West Virginia Jurisprudence, Robin Jean Davis
Admitting Expert Testimony In Federal Courts And Its Impact On West Virginia Jurisprudence, Robin Jean Davis
West Virginia Law Review
No abstract provided.
Chambers V. Mississippi: The Hearsay Rule And Racial Evaluations Of Credibility, Andrew Elliot Carpenter
Chambers V. Mississippi: The Hearsay Rule And Racial Evaluations Of Credibility, Andrew Elliot Carpenter
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Scientific, Technical, And Forensic Evidence, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Scientific, Technical, And Forensic Evidence, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Continuing Legal Education Materials
Materials from the conference on Scientific, Technical, and Forensic Evidence held by UK/CLE in February 2002.
4. Interviewing Children In And Out Of Court: Current Research And Practice Implications., Karen J. Saywitz, Gail S. Goodman, Thomas D. Lyon
4. Interviewing Children In And Out Of Court: Current Research And Practice Implications., Karen J. Saywitz, Gail S. Goodman, Thomas D. Lyon
Thomas D. Lyon
Cross-Examining Expertise In The Wto Dispute Settlement Process, Christopher T. Timura
Cross-Examining Expertise In The Wto Dispute Settlement Process, Christopher T. Timura
Michigan Journal of International Law
Part I of this Note surveys some of the recent contributions that social theorists and social scientists have made to our understanding of the role of experts in society, and also the structure of expert communities. Experts are everywhere in modern life, and individuals are with increasing frequency asked to extend their trust to experts and bodies of knowledge that they have little or no opportunity to question. Part II highlights how the WTO Agreement deals with experts, using recent WTO panel reports to illustrate the ways in which the DSB has operationalized its various provisions. Part III suggests two …
Dealing With Complex Evidence Of Domestic Violence: A Primer For The Civil Bench, Jane C. Murphy, Jane H. Aiken
Dealing With Complex Evidence Of Domestic Violence: A Primer For The Civil Bench, Jane C. Murphy, Jane H. Aiken
All Faculty Scholarship
New laws and policies aimed at protecting victims of domestic violence have been adopted across the country throughout the last twenty years. The legal approaches taken to protect battered women and control family violence have brought about significant changes in family law. New laws include statutes permitting civil protection or restraining orders, and laws requiring that domestic violence be considered in custody and visitation decisions. Both of these types of statutory reforms can provide protection to adult victims of domestic violence and their children. Evaluating a parent’s fitness by considering past acts of violence to other family members results in …
Dangerous Patients: An Exception To The Federal Psychotherapist-Patient Privilege, Huston Combs
Dangerous Patients: An Exception To The Federal Psychotherapist-Patient Privilege, Huston Combs
Kentucky Law Journal
No abstract provided.
Child Witness Policy: Law Interfacing With Social Science, Louise E. Graham, Dorothy F. Marsil, Jean Montoya, David Ross
Child Witness Policy: Law Interfacing With Social Science, Louise E. Graham, Dorothy F. Marsil, Jean Montoya, David Ross
Law Faculty Scholarly Articles
The number of children testifying in court has posed serious practical and legal problems for the judicial system. One problem confronting the courts is how to protect children from experiencing the psychological trauma resulting from a face-to-face confrontation with a defendant who may have physically harmed the child or threatened future harm to the child. Another concern is that this trauma may impair children's memory performance and their willingness to disclose the truth. In response to these concerns, child witness innovations proliferated throughout the United States in the 1980s and 1990s. Among the innovations were: placing a screen between child …
The Other Shoe Drops: Minnesota Rejects Daubert, Peter B. Knapp
The Other Shoe Drops: Minnesota Rejects Daubert, Peter B. Knapp
Faculty Scholarship
In 1991, the United States Supreme Court handed decided Daubert v. Merrell Dow Pharmaceuticals, Inc., rejecting the long-standing federal test for the admissibility of scientific testimony articulated in Frye v. United States. Unlike many states, however, which embraced Daubert within years--or even months--of the federal decision, Minnesota declined to make Daubert the law of the jurisdiction. In a pair of cases decided in 2000, Goeb v. Tharaldson and Sentinel Mgmt. v. Aetna Casualty & Surety, the court held that Minnesota would retain the general acceptance test. The court's rejection of Daubert can be read as an attempt to give the …
Respecting Pandora's Box, Erica Beecher-Monas
Respecting Pandora's Box, Erica Beecher-Monas
Law Faculty Research Publications
No abstract provided.
Teoría General De La Prueba Judicial, Edward Ivan Cueva
Teoría General De La Prueba Judicial, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Treating Physicians As Expert Witnesses In Compensation Systems: The Public Health Connection, Brian C. Murchison
Treating Physicians As Expert Witnesses In Compensation Systems: The Public Health Connection, Brian C. Murchison
Scholarly Articles
Not available.