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Full-Text Articles in Law
Problems In American Legal Methodology, Stephen Utz
Problems In American Legal Methodology, Stephen Utz
Stephen Gerard Utz
The obsession of common-law scholars and jurists with analogy, the apparent bedrock of stare decisis, has obscured our vision of the actually quite varied patterns of legal reasoning, even as we ourselves practice it. The problem is that analogy is too capacious a concept to be used effectively in defining a single sort of inference or analysis. This article advocates a more discriminating use of the concept of analogy, drawing on German methodological thought.
8. Child Witnesses And The Confrontation Clause., Thomas D. Lyon, Julia A. Dente
8. Child Witnesses And The Confrontation Clause., Thomas D. Lyon, Julia A. Dente
Thomas D. Lyon
After the Supreme Court’s ruling in Crawford v. Washington that a criminal defendant’s right to confront the witnesses against him is violated by the admission of testimonial hearsay that has not been cross-examined, lower courts have overturned convictions in which hearsay from children was admitted after child witnesses were either unwilling or unable to testify. A review of social scientific evidence regarding the dynamics of child sexual abuse suggests a means for facilitating the fair receipt of children’s evidence. Courts should hold that defendants have forfeited their confrontation rights if they exploited a child’s vulnerabilities such that they could reasonably …