Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Evidence (51)
- Criminal Law (27)
- Criminal Procedure (19)
- Social and Behavioral Sciences (9)
- Constitutional Law (8)
-
- International Law (7)
- Judges (6)
- Legal History (6)
- Courts (5)
- Jurisprudence (5)
- Law and Society (5)
- Legal Ethics and Professional Responsibility (5)
- Litigation (5)
- Comparative and Foreign Law (4)
- Legal Writing and Research (4)
- Science and Technology Law (4)
- State and Local Government Law (4)
- Communication (3)
- Communication Technology and New Media (3)
- Fourth Amendment (3)
- Law Enforcement and Corrections (3)
- Law and Race (3)
- Legal Profession (3)
- Public Law and Legal Theory (3)
- Arts and Humanities (2)
- Communications Law (2)
- Conflict of Laws (2)
- Jurisdiction (2)
- Law and Politics (2)
- Institution
-
- Selected Works (30)
- University of Denver (6)
- Maurer School of Law: Indiana University (5)
- American University Washington College of Law (3)
- Georgia State University College of Law (3)
-
- Columbia Law School (2)
- Penn State Dickinson Law (2)
- Roger Williams University (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- William & Mary Law School (2)
- Mitchell Hamline School of Law (1)
- Osgoode Hall Law School of York University (1)
- Pace University (1)
- Saint Louis University School of Law (1)
- Schulich School of Law, Dalhousie University (1)
- Seattle University School of Law (1)
- Singapore Management University (1)
- Texas A&M University School of Law (1)
- The Peter A. Allard School of Law (1)
- U.S. Naval War College (1)
- University of Colorado Law School (1)
- University of Georgia School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Pittsburgh School of Law (1)
- University of South Carolina (1)
- Vanderbilt University Law School (1)
- Publication
-
- Jeffrey Bellin (10)
- Fredric I. Lederer (8)
- University of Denver Criminal Law Review (6)
- Faculty Scholarship (4)
- Articles in Law Reviews & Other Academic Journals (3)
-
- Georgia State University Law Review (3)
- Paul Marcus (3)
- Adam M. Gershowitz (2)
- Dickinson Law Review (2017-Present) (2)
- James G. Dwyer (2)
- Law Library Newsletters/Blog (2)
- Touro Law Review (2)
- All Faculty Publications (1)
- Articles (1)
- Articles & Book Chapters (1)
- Articles by Maurer Faculty (1)
- Dalhousie Law Journal (1)
- Davison M. Douglas (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Publications (1)
- Georgia Law Review (1)
- IP Theory (1)
- Indiana Journal of Global Legal Studies (1)
- Indiana Journal of Law and Social Equality (1)
- International Law Studies (1)
- Linda A. Malone (1)
- Marc D. Ginsberg (1)
- Maryland Law Review Online (1)
- Maurer Theses and Dissertations (1)
- Michael Evan Gold (1)
- Publication Type
Articles 1 - 30 of 73
Full-Text Articles in Law
Bad Science Begets Bad Convictions: The Need For Postconviction Relief In The Wake Of Discredited Forensics, Jessica Gabel Cino
Bad Science Begets Bad Convictions: The Need For Postconviction Relief In The Wake Of Discredited Forensics, Jessica Gabel Cino
University of Denver Criminal Law Review
No abstract provided.
The Death Of Fairness: Texas's Future Dangerousness Revisited, Ana M. Otero
The Death Of Fairness: Texas's Future Dangerousness Revisited, Ana M. Otero
University of Denver Criminal Law Review
No abstract provided.
Colorado's Undemanding Notice Requirement: Pro Se Defendants And Forensic Technician Testimony, Sarah M. Morris, Lauren L. Fontana
Colorado's Undemanding Notice Requirement: Pro Se Defendants And Forensic Technician Testimony, Sarah M. Morris, Lauren L. Fontana
University of Denver Criminal Law Review
No abstract provided.
Admissibility Compared: The Reception Of Incriminating Expert Evidence (I.E., Forensic Science) In Four Adversarial Jurisdictions, Gary Edmond, Simon Cole, Emma Cunliffe, Andrew Roberts
Admissibility Compared: The Reception Of Incriminating Expert Evidence (I.E., Forensic Science) In Four Adversarial Jurisdictions, Gary Edmond, Simon Cole, Emma Cunliffe, Andrew Roberts
University of Denver Criminal Law Review
No abstract provided.
The Gordian Knot Of The Treatment Of Secondhand Facts Under Federal Rule Of Evidence 703 Governing The Admissibility Of Expert Opinions: Another Conflict Between Logic And Law, Edward J. Imwinkelried
The Gordian Knot Of The Treatment Of Secondhand Facts Under Federal Rule Of Evidence 703 Governing The Admissibility Of Expert Opinions: Another Conflict Between Logic And Law, Edward J. Imwinkelried
University of Denver Criminal Law Review
No abstract provided.
Confronting The Backdoor Admission Of Testimonial Statements Against An Accused: The Danger Of Expert Reliance On Inadmissible Information, Sarah E. Stout
Confronting The Backdoor Admission Of Testimonial Statements Against An Accused: The Danger Of Expert Reliance On Inadmissible Information, Sarah E. Stout
University of Denver Criminal Law Review
No abstract provided.
Hb 282 - Preservation Of Sexual Assault Evidence, Rebecca A. Dickinson, Alessandra T. Palazzolo
Hb 282 - Preservation Of Sexual Assault Evidence, Rebecca A. Dickinson, Alessandra T. Palazzolo
Georgia State University Law Review
This Act extends the time that law enforcement agencies are required to preserve certain evidence of sexual assault. Physical evidence of a reported sexual assault will be preserved for fifty years, and if there is an arrest, for thirty years from the date of arrest or seven years from the sentence’s completion.
International Arbitration And Attorney-Client Privilege — A Conflict Of Laws Approach, Susan Franck
International Arbitration And Attorney-Client Privilege — A Conflict Of Laws Approach, Susan Franck
Articles in Law Reviews & Other Academic Journals
Privilege determinations in international arbitration are currently the equivalent of the “wild west,” with minimal predictability and massive pockets of tribunal discretion. Yet protecting privilege in international arbitration — when the same document or communications with lawyers that is protected by United States law may receive no protection under another law — is fundamental to safeguarding attorney-client relationships within a global environment, incentivizing procedural integrity of dispute resolution, and ensuring that justice is done. As it is not clear what law applies to privilege and client confidentiality (let alone how the law is determine), this Essay begins to bridge the …
Judicial Treatment Of Aboriginal Peoples’ Oral History Evidence: More Room For Reconciliation, Jimmy Peterson
Judicial Treatment Of Aboriginal Peoples’ Oral History Evidence: More Room For Reconciliation, Jimmy Peterson
Dalhousie Law Journal
Oral history is the only past record in many Aboriginal groups in Canada. In 1997, in Delgamuukw, the Supreme Court of Canada recognized that the strict approach to evidence law with respect to oral history had to be relaxed for Aboriginal peoples to be able to pursue claims to Aboriginal rights or Aboriginal title. This was a necessary element of the attempt to achieve reconciliation between Aboriginal and non-Aboriginal peoples. Yet, while evidence law has become increasingly flexible when it comes to accommodating Aboriginal peoples, courts have struggled with how to value oral traditions. A review of the case …
Adverse Cyber Operations: Causality, Attribution, Evidence, And Due Diligence, Hans-Georg Dederer, Tassilo Singer
Adverse Cyber Operations: Causality, Attribution, Evidence, And Due Diligence, Hans-Georg Dederer, Tassilo Singer
International Law Studies
Adverse cyber operations against States are on the rise, and so are the legal challenges related to such incidents under public international law. This article will not delve into already intensely debated problems of classification, such as whether adverse cyber operations constitute “armed attacks” or “use of force.” Rather, the article will focus on causality and attribution with special regard to problems of evidence. In particular, the article will elaborate on the applicable standards of proof to be met by the victim State when submitting, or having to submit, evidence to justify self-defense or countermeasures against the State of origin. …
Assessing The Impact Of Police Body Camera Evidence On The Litigation Of Excessive Force Cases, Mitch Zamoff
Assessing The Impact Of Police Body Camera Evidence On The Litigation Of Excessive Force Cases, Mitch Zamoff
Georgia Law Review
In the wake of several hotly debated and widely publicized shootings of civilians by police officers, calls for the increased use of body-worn cameras (bodycams) by law enforcement officers have intensified. As police departments across the country expand their use of this emergent technology, courts will increasingly be presented with video evidence from bodycams when making determinations in cases alleging the excessive use of force by the police. This Article tests the hypotheses that bodycam evidence will be dispositive in most excessive force cases and that such evidence will positively impact the way those cases are litigated and decided. In …
Replacing The Exclusionary Rule With Administrative Rulemaking, Francis A. Gilligan, Fredric I. Lederer
Replacing The Exclusionary Rule With Administrative Rulemaking, Francis A. Gilligan, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
Law Library Blog (October 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (October 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Internet (Re)Search By Judges, Jurors, And Lawyers, H. Albert Liou, Jasper L. Tran
Internet (Re)Search By Judges, Jurors, And Lawyers, H. Albert Liou, Jasper L. Tran
IP Theory
How can Internet research be used properly and reliably in law? This paper analyzes several key and very different issues affecting judges, jurors, and lawyers. With respect to judges, this paper discusses the rules of judicial conduct and how they guide the appropriate use of the Internet for research; the standards for judicial notice; and whether judges can consider a third category of non-adversarially presented, non-judicially noticed factual evidence. With respect to jurors, this paper discusses causes of and deterrents to jurors conducting Internet research during trials; and the recourse available to parties who are adversely impacted by such behavior. …
Why Do We Admit Criminal Confessions Into Evidence?, David Crump
Why Do We Admit Criminal Confessions Into Evidence?, David Crump
Seattle University Law Review
There is an enormous literature about the admissibility of criminal confessions. But almost all of it deals with issues related to self-incrimination or, to a lesser extent, with hearsay or accuracy concerns. As a result, the question whether we ever admit criminal confessions into evidence has not been the subject of much analysis. This gap is odd, since confessions are implicitly disfavored by a proportion of the literature and they often collide with exclusionary doctrines. Furthermore, the self-incrimination issue sometimes is resolved by balancing, and it would help if we knew what we were balancing. Therefore, one might ask: Why …
The Exclusion Of Evidence In The United States, Paul Marcus
The Exclusion Of Evidence In The United States, Paul Marcus
Paul Marcus
No abstract provided.
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Paul Marcus
No abstract provided.
Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Paul Marcus, Vicki Waye
Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Paul Marcus, Vicki Waye
Paul Marcus
At first glance the criminal justice systems of Australia and the United States look strikingly similar. With common law roots from England, they both emphasize the adversary system, the roleof the advocate, the presumption of innocence, and an appeals process. Upon closer reflection,however, they appear starkly different. From both Australian and U.S. perspectives, the authorsexplore those differences, examining important features such as the exclusion of evidence, rules regarding interrogation, the entrapment defense, and the open nature of trials. The Article concludes with an analysis of the reasons for those differences, reasons that heavily relate back to the founding of the …
Book Review Of Fact Finding Without Facts: The Uncertain Evidentiary Foundations Of International Criminal Convictions, Linda A. Malone
Book Review Of Fact Finding Without Facts: The Uncertain Evidentiary Foundations Of International Criminal Convictions, Linda A. Malone
Linda A. Malone
No abstract provided.
The Procurement And Presentation Of Evidence In Courts-Martial: Compulsory Process And Confrontation, Fredric I. Lederer, Francis A. Gilligan
The Procurement And Presentation Of Evidence In Courts-Martial: Compulsory Process And Confrontation, Fredric I. Lederer, Francis A. Gilligan
Fredric I. Lederer
Although pretrial litigation often seems to render trial on the merits something of an anti-climax, adversarial adjudication is of course the focus of the criminal justice system, military or civilian. Once trial on the merits has begun, trial and defense counsel naturally utilize the rules of evidence in the fashion most likely to make the most of the evidence available to them. Yet, as all lawyers are aware, the period since the enactment of the Uniform Code of Military Justice has brought sweeping changes not only in military criminal law, but also in the "constitutionalization" of the law of evidence. …
The Military Rules Of Evidence: Origins And Judicial Implementation, Fredric I. Lederer
The Military Rules Of Evidence: Origins And Judicial Implementation, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer
Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
Marijuana Dog Searches After United States V. Unrue, Fredric I. Lederer, Calvin M. Lederer
Marijuana Dog Searches After United States V. Unrue, Fredric I. Lederer, Calvin M. Lederer
Fredric I. Lederer
No abstract provided.
Doing Away With The Exclusionary Rule, Francis A. Gilligan, Fredric I. Lederer
Doing Away With The Exclusionary Rule, Francis A. Gilligan, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
Courtroom Technology: For Trial Lawyers The Future Is Now, Fredric I. Lederer
Courtroom Technology: For Trial Lawyers The Future Is Now, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
Admissibility Of Evidence Found By Marijuana Detection Dogs, Fredric I. Lederer, Calvin M. Lederer
Admissibility Of Evidence Found By Marijuana Detection Dogs, Fredric I. Lederer, Calvin M. Lederer
Fredric I. Lederer
No abstract provided.
"Fact-Finding Without Facts": A Conversation With Nancy Combs, Nancy Amoury Combs
"Fact-Finding Without Facts": A Conversation With Nancy Combs, Nancy Amoury Combs
Nancy Combs
No abstract provided.
Ehearsay, Jeffrey Bellin
The Usefulness Of . . . Evidence, Jeffrey Bellin
Trial By Google: Judicial Notice In The Information Age, Jeffrey Bellin, Andrew Guthrie Ferguson
Trial By Google: Judicial Notice In The Information Age, Jeffrey Bellin, Andrew Guthrie Ferguson
Jeffrey Bellin
This Article presents a theory of judicial notice for the information age. It argues that the ease of accessing factual data on the Internet allows judges and litigants to expand the use of judicial notice in ways that raise significant concerns about admissibility, reliability, and fair process. State and federal courts are already applying the surprisingly pliant judicial notice rules to bring websites ranging from Google Maps to Wikipedia into the courtroom, and these decisions will only increase in frequency in coming years. This rapidly emerging judicial phenomenon is notable for its ad hoc and conclusory nature—attributes that have the …