Law Commons^™

The Call To Witness: Historical Divides, Literary Narrative, And The Power Of Oath, Nancy Cook

Marquette Law Review

A decade ago, in her book, Narrative, Authority and Law, Robin West posed these questions: How might we develop a moral sensibility with which to criticize law that is independent of the influence of law? How should we criticize law from a moral point of view, given the influence of law over our moral beliefs? What is the role of narrative in this enterprise?

The “Call to Witness” is an entreaty to look to narratives as acts of witness for a partial answer to these questions. Narratives bring to light the real conflicts underlying court cases and law, the motives …

A Simple Theory Of Complex Valuation, Anthony J. Casey, Julia Simon-Kerr

Michigan Law Review

Complex valuations of assets, companies, government programs, damages, and the like cannot be done without expertise, yet judges routinely pick an arbitrary value that falls somewhere between the extreme numbers suggested by competing experts. This creates costly uncertainty and undermines the legitimacy of the court. Proposals to remedy this well-recognized difficulty have become increasingly convoluted. As a result, no solution has been effectively adopted and the problem persists. This Article suggests that the valuation dilemma stems from a misconception of the inquiry involved. Courts have treated valuation as its own special type of inquiry distinct from traditional fact-finding. We show …

Trending @ Rwu Law: Professor Niki Kuckes's Post: Litigation Academy Returns, Niki Kuckes

Law School Blogs

No abstract provided.

Should Australian Courts Give More Witnesses The Right To Skype?, Marilyn Krawitz, Justine Howard

Law Papers and Journal Articles

Millions of people use Skype, a common form of social media that permits
people to talk to each other over the internet. Courts in Australia have
permitted witnesses in at least a few instances to testify by Skype to date. This
article examines whether Australian courts should permit witnesses to testify
by Skype more often. The article considers using videoconferencing, as
opposed to Skype, and security issues associated with Skype. It also
considers the impact that Skype may have upon considering witness credibility.
Ultimately, it argues that Australian judicial officers may want to consider
permitting witnesses to testify by Skype …

The Child Quasi-Witness, Richard D. Friedman, Stephen J. Ceci

Articles

This Essay provides a solution to the conundrum of statements made by very young children and offered against an accused in a criminal prosecution. Currently prevailing doctrine allows one of three basic outcomes. First, in some cases the child testifies at trial. But this is not always feasible, and when it is, cross-examination is a poor method for determining the truth. Second, evidence of the child's statement may be excluded, which denies the adjudicative process of potentially valuable information. Third, the evidence may be admitted without the child testifying at trial, which leaves the accused with no practical ability to …