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Full-Text Articles in Law

"You Should Have Known:" The Need For Evidentiary Notice Requirements In Immigration Court, Marisa Moore Apel Dec 2021

"You Should Have Known:" The Need For Evidentiary Notice Requirements In Immigration Court, Marisa Moore Apel

University of Cincinnati Law Review

No abstract provided.


Artificial Intelligence As Evidence, Paul W. Grimm, Maura R. Grossman, Gordon V. Cormack Dec 2021

Artificial Intelligence As Evidence, Paul W. Grimm, Maura R. Grossman, Gordon V. Cormack

Northwestern Journal of Technology and Intellectual Property

This article explores issues that govern the admissibility of Artificial Intelligence (“AI”) applications in civil and criminal cases, from the perspective of a federal trial judge and two computer scientists, one of whom also is an experienced attorney. It provides a detailed yet intelligible discussion of what AI is and how it works, a history of its development, and a description of the wide variety of functions that it is designed to accomplish, stressing that AI applications are ubiquitous, both in the private and public sectors. Applications today include: health care, education, employment-related decision-making, finance, law enforcement, and the legal ...


Restoring Causality In Attenuation: Establishing The Breadth Of A Fourth Amendment Violation, Bryan H. Ward Sep 2021

Restoring Causality In Attenuation: Establishing The Breadth Of A Fourth Amendment Violation, Bryan H. Ward

West Virginia Law Review

When the police violate a suspect’s Fourth Amendment rights, what often follows is the discovery of incriminating evidence. Sometimes the evidence is discovered directly after the Fourth Amendment violation. In other situations, the evidence comes by a more indirect route and may occur long after the original Fourth Amendment violation. Courts struggle when trying to decide if the discovery of this indirectly obtained evidence was caused by the police misconduct. This causal question is important because causality acts as a limiting principle when deciding when to apply the exclusionary rule. A basic view of the exclusionary rule suggests that ...


Evidentiary Policies Through Other Means: The Disparate Impact Of “Substantive Law” On The Distribution Of Errors Among Racial Groups, Gustavo Ribeiro Aug 2021

Evidentiary Policies Through Other Means: The Disparate Impact Of “Substantive Law” On The Distribution Of Errors Among Racial Groups, Gustavo Ribeiro

Utah Law Review

This Article develops an analytical framework to investigate novel ways in which legal reforms disguised as “substantive” can affect procedural due process safeguards differently among racial groups. Scholars have long recognized the impact evidence rules have on substantive policies, such as modifying primary incentives or affecting the distribution of legal entitlements in society. However, legal scholars have not paid enough attention to the reverse effect: how changes in “substantive law” influence policy objectives traditionally associated with evidence law—“evidentiary policies.”

To fill this gap, this Article discusses three related evidentiary policies. The first is accuracy, which courts and scholars consider ...


Bad Law Or Just Bad Timing?: Post-Pandemic Implications Of Managed Care Advisory Group, Llc V. Cigna Healthcare, Inc.’S Ban On The Use Of Virtual Technology For Taking Non-Party Evidence Under Section 7 Of The Federal Arbitration Act, Latoya C. Brown Jul 2021

Bad Law Or Just Bad Timing?: Post-Pandemic Implications Of Managed Care Advisory Group, Llc V. Cigna Healthcare, Inc.’S Ban On The Use Of Virtual Technology For Taking Non-Party Evidence Under Section 7 Of The Federal Arbitration Act, Latoya C. Brown

University of Miami Law Review

The COVID-19 pandemic has had an enormous socio-economic impact globally. To continue operations, the legal field, like other sectors, has had to adapt to the exigencies of the pandemic by, inter alia, becoming increasingly reliant on remote technologies to conduct business. Yet, only a few months before COVID-19 was declared a pandemic, the Eleventh Circuit ruled in Managed Care Advisory Group, LLC v. CIGNA Healthcare, Inc., 939 F.3d 1145 (11th Cir. 2019), that Section 7 of the Federal Arbitration Act (the “FAA”), 9 U.S.C. § 7, prohibits prehearing discovery and does not allow a summonsed witness to appear ...


The Courts Discretionary Role In Testimony, علاء الدين عبابنة Jul 2021

The Courts Discretionary Role In Testimony, علاء الدين عبابنة

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

There is no doubt that evidence by testimony came as a sign that legislator wants to give judges full power to weigh the evidence, unlike the situation in other kind of evidences where the judge is restricted upon a kind of evidence.

This article shows that even the law has given wide authority to the judge upon testimony; the extent of this authority differs from legislation to another in different countries according to the adopted principle of evidence. Accordingly, this article has been divided into three sections; the first examines the judge's authority upon evidence by testimony, while the ...


Can Speech Act Theory Save Notice Pleading?, Susan E. Provenzano Jul 2021

Can Speech Act Theory Save Notice Pleading?, Susan E. Provenzano

Indiana Law Journal

Countless scholars have debated—and lower courts have attempted to apply—the plausibility pleading regime that the Supreme Court introduced in Twombly and Iqbal. Iqbal took Twombly’s requirement that a complaint plead plausibly and turned it into a two-step test. Under that test, the life or death of a lawsuit rests on the distinction between “well-pleaded” and “conclusory” allegations. Only the former are assumed true on a motion to dismiss. Seven decades of pleading precedent had taken a sensible, if unstable, approach to the truth assumption, making a single cut between factual contentions (assumed true) and legal conclusions (ignored ...


Perils Of The Reverse Silver Platter Under U.S. Border Patrol Operations, D. Anthony Jun 2021

Perils Of The Reverse Silver Platter Under U.S. Border Patrol Operations, D. Anthony

University of Massachusetts Law Review

In the face of expanding U.S. Border Patrol operations across the country, that agency often acquires evidence during its searches that is unrelated to immigration or other federal crimes but may involve state crimes. States are then faced with the question of whether to accept such evidence for state prosecutions when it was lawfully obtained by federal agents consistent with federal law but in violation of the state’s own search and seizure provisions. Sometimes referred to as “reverse silver platter” evidence, states have come to widely varying conclusions as to the admissibility of federally obtained evidence that would ...


Servotronics, Inc. V. Rolls-Royce Plc And The Boeing Company: Brief Of Professor Yanbai Andrea Wang As Amicus Curiae In Support Of Neither Party, Yanbai Andrea Wang, Michael H. Mcginley May 2021

Servotronics, Inc. V. Rolls-Royce Plc And The Boeing Company: Brief Of Professor Yanbai Andrea Wang As Amicus Curiae In Support Of Neither Party, Yanbai Andrea Wang, Michael H. Mcginley

Faculty Scholarship at Penn Law

Rather than expressing a view on the issues raised and ably briefed by the parties, amicus submits this brief to inform the Court of the scholarly research she has conducted regarding Section 1782 proceedings since this Court’s seminal decision in Intel. As Section 1782 applications have proliferated, the lower courts have struggled to apply the Intel factors as this Court had envisioned. Especially in the context of Section 1782 applications submitted by parties to an international proceeding (as opposed to those made by the international tribunal itself), lower courts have frequently found themselves unable to analyze and apply the ...


#Wetoo, Kimberly Kessler Ferzan Apr 2021

#Wetoo, Kimberly Kessler Ferzan

Faculty Scholarship at Penn Law

The #MeToo movement has caused a widespread cultural reckoning over sexual violence, abuse, and harassment. “Me too” was meant to express and symbolize that each individual victim was not alone in their experiences of sexual harm; they added their voice to others who had faced similar injustices. But viewing the #MeToo movement as a collection of singular voices fails to appreciate that the cases that filled our popular discourse were not cases of individual victims coming forward. Rather, case after case involved multiple victims, typically women, accusing single perpetrators. Victims were believed because there was both safety and strength in ...


Confrontation's Multi-Analyst Problem, Paul F. Rothstein, Ronald J. Coleman Apr 2021

Confrontation's Multi-Analyst Problem, Paul F. Rothstein, Ronald J. Coleman

Georgetown Law Faculty Publications and Other Works

The Confrontation Clause in the Sixth Amendment affords the “accused” in “criminal prosecutions” the right “to be confronted with the witnesses against” them. A particular challenge for courts over at least the last decade-plus has been the degree to which the Confrontation Clause applies to forensic reports, such as those presenting the results of a DNA, toxicology, or other CSI-type analysis. Should use of forensic reports entitle criminal defendants to confront purportedly “objective” analysts from the lab producing the report? If so, which analyst or analysts? For forensic processes that require multiple analysts, should the prosecution be required to produce ...


Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable Apr 2021

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable

Life of the Law School (1993- )

No abstract provided.


Technological Tethereds: Potential Impact Of Untrustworthy Artificial Intelligence In Criminal Justice Risk Assessment Instruments, Sonia M. Gipson Rankin Apr 2021

Technological Tethereds: Potential Impact Of Untrustworthy Artificial Intelligence In Criminal Justice Risk Assessment Instruments, Sonia M. Gipson Rankin

Washington and Lee Law Review

Issues of racial inequality and violence are front and center today, as are issues surrounding artificial intelligence (“AI”). This Article, written by a law professor who is also a computer scientist, takes a deep dive into understanding how and why hacked and rogue AI creates unlawful and unfair outcomes, particularly for persons of color.

Black Americans are disproportionally featured in criminal justice, and their stories are obfuscated. The seemingly endless back-to-back murders of George Floyd, Breonna Taylor, Ahmaud Arbery, and heartbreakingly countless others have finally shaken the United States from its slumbering journey towards intentional criminal justice reform. Myths about ...


Inspection As Means Of Evidence For Illegality Of Challenged Decision, Dr.Ali Khattar Shatnawi Mar 2021

Inspection As Means Of Evidence For Illegality Of Challenged Decision, Dr.Ali Khattar Shatnawi

Journal Sharia and Law

Evidence of illegality of challenged decision is deemed one of the most important subjects, because right has no value unless it is protected by law against any outrage upon him. This study concerns with difficulties that face evidence of illegality of challenged decisions, and all reasons might be behind these difficulties such as maintenance of administration to all written documents or lack of cooperation between administration and administrative courts. Inspection is a direct means of evidence, it is clearly connected with all facts required to be proved. French, Jordanian and Egyptian Courts have adopted it as a means of evidence ...


Judicial Circumstantial Evidence Proving Illegality Of A Challenged Decision, Dr.Ali Khattar Shatnawi Mar 2021

Judicial Circumstantial Evidence Proving Illegality Of A Challenged Decision, Dr.Ali Khattar Shatnawi

Journal Sharia and Law

Though burdensome, administrative proving is not impossible.

Administrative justice has exerted tremendous efforts to help claimants prove their claims.

Evidence is one way to establish administrative proving.

Administrative courts have endorsed the possibility of resorting to evidence to establish the illegality of challenged decisions, though they are not stipulated by the law and may only be elicited by the judge from the context, circumstances and facts of the plea, once he finds them significant.

Such evidences appear within the context of indirect confirmation proofs as they transfer the burden of —proof from the disputed fact (which is difficult to prove ...


Justification Of The Legitimate Texts And The Issues Related To It, Ahmed Muhammad Al-Yamani Mar 2021

Justification Of The Legitimate Texts And The Issues Related To It, Ahmed Muhammad Al-Yamani

Journal Sharia and Law

Praise be to Allah, Lord of the Worlds, benediction and peace be upon the noblest of Prophets and Messengers, our Master, Mohammad, his Kinsfolk and companions all.

This is an abstract of a research paper titled: (Justification of Religious Texts and the Fundamental Issues Associated with Such Justification)

This research paper consists of an introduction in which I have explained the significance of the study, the research plan, the reason for choosing the topic and the method I have followed in the study.

The study itself is composed of four themes: the first one: studying the topic and citing the ...


The Presumption Of Conviction In Criminal Legislation: A Comparative Study, Mohamad Nawaf Alfawareh Mar 2021

The Presumption Of Conviction In Criminal Legislation: A Comparative Study, Mohamad Nawaf Alfawareh

Journal Sharia and Law

It is known that the accused is innocent until proven guilty by a final judicial decision providing that the claimant submits evidence that he/she is innocent. The above comes as a result of the presumption of the innocence principle that is applicable in most international and national laws. However, the former principle is not absolute; the comparative criminal legislation created an exception to this principle which is designed to exchange roles and make some of the burden of proving the facts rest with the defendant, in the sense that the accused is convicted until he proves his/her innocence ...


The Intervention Of The Court For Assistance In Obtaining Evidence And Temporary And Precautionary Measures During The Course Of The Arbitral Proceedings: A Comparative Analysis Between The Palestinian And Jordanian Law., Khaled I. Talahma Article Mar 2021

The Intervention Of The Court For Assistance In Obtaining Evidence And Temporary And Precautionary Measures During The Course Of The Arbitral Proceedings: A Comparative Analysis Between The Palestinian And Jordanian Law., Khaled I. Talahma Article

Journal Sharia and Law

The role of the judiciary in supporting arbitration panels is a necessity required by the nature of functions performed by arbitration systems in the community, as well as the requirements of protecting the interests of arbitration parties. Due to the importance of this role, this study examines the supporting role of courts in securing evidence and taking temporary and provisional actions; matters which are outside the scope and authority of the arbitration panels. The study conducted a comparative analysis of the Palestinian and Jordanian laws to compare legislative organization of this role, and clarify legal gaps which may face a ...


Incitement, Insurrection, Impeachment: Inside The Second Trump Impeachment, Roger Williams University School Of Law, Michael M. Bowden Feb 2021

Incitement, Insurrection, Impeachment: Inside The Second Trump Impeachment, Roger Williams University School Of Law, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.


Law School News: Whitehouse, Cicilline To Offer 'Inside View' Of 2nd Trump Impeachment Trial 02-17-2021, Michael M. Bowden Feb 2021

Law School News: Whitehouse, Cicilline To Offer 'Inside View' Of 2nd Trump Impeachment Trial 02-17-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Compensation For The Damage Resulting From Preventive Detention When There Is Evidence Of The Suspect's Innocence: A Comparative Study, Tail Mahmoud Aref Feb 2021

Compensation For The Damage Resulting From Preventive Detention When There Is Evidence Of The Suspect's Innocence: A Comparative Study, Tail Mahmoud Aref

Journal Sharia and Law

This study sheds light on the idea of Compensation for the damage resulting from preventive detention of a suspect against whom a decision has been issued to bring a criminal lawsuit or issue acquittal. The researcher has examined and reviewed the relevant legal texts of the French, Jordanian and Emirati legislations to clarify the concept of 'preventive detention along with its legitimacy, and introduce the general rules of torts and the conditions of compensation. This study, also, examines the extent to which a suspect may claim compensation against preventive detention, along with the legal reasoning behind it. The research findings ...


Willful Blindness As Mere Evidence, Gregory M. Gilchrist Feb 2021

Willful Blindness As Mere Evidence, Gregory M. Gilchrist

Loyola of Los Angeles Law Review

The willful blindness doctrine at criminal law is well-established and generally fits with moral intuitions of guilt. It also stands in direct tension with the first principle of American criminal law: legality. This Article argues that courts could largely preserve the doctrine and entirely avoid the legality problem with a simple shift: willful blindness ought to be reconceptualized as a form of evidence.


Authenticity Of The Jurisprudential Rule: A Comparative Study, Ayman Abdel Hamid Al-Badarin Jan 2021

Authenticity Of The Jurisprudential Rule: A Comparative Study, Ayman Abdel Hamid Al-Badarin

Journal Sharia and Law

This research is about the accompany of intention principles in Islamic Sharia according to jurisprudence and basis. This will be through the source of prophetic rule that actions are ruled by what we meant to accomplish through them. Therefore, I have explained the meaning of the principle, its evidences, its importance. Its parts or sections, and the estimated act in the saying ~ actions depend on intentions ~. Also, why intention is importantly considered, its location, and ruling on pronunciation principle. I have discussed the intention as a basis and as a condition, its time. The condition of the principle is explained ...


Preserving Due Process: Require The Frye And Daubert Expert Standards In State Gang Cases, Fareed Nassor Hayat Jan 2021

Preserving Due Process: Require The Frye And Daubert Expert Standards In State Gang Cases, Fareed Nassor Hayat

New Mexico Law Review

Police officers are almost universally offered and admitted as experts in gang prosecutions. Without being subjected to the stringent requirements of Frye and Daubert expert standards, criminal Defendants’ due process rights are violated. Once admitted, police officers are permitted to testify to the psychology, customs, motivations, social structures and subjective mental states of individual gang members and gang organizations. Police gang expert testimony should only be admitted after the underlying criminal matter has been proven beyond a reasonable doubt, and even then, only if the police gang expert testimony abides by clearly defined rules of evidence. This article advocates for ...


Law Library Blog (January 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law Jan 2021

Law Library Blog (January 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Guilt By Association On The Docks And In The Casinos, Conor Byrnes Jan 2021

Guilt By Association On The Docks And In The Casinos, Conor Byrnes

Touro Law Review

No abstract provided.


Confrontation In The Age Of Plea Bargaining [Comments], William Ortman Jan 2021

Confrontation In The Age Of Plea Bargaining [Comments], William Ortman

Law Faculty Research Publications

No abstract provided.


Assertion And Hearsay, Richard Lloret Jan 2021

Assertion And Hearsay, Richard Lloret

Dickinson Law Review

This article explores the characteristics and functions of assertion and considers how the term influences the definition of hearsay under Federal Rule of Evidence 801. Rule 801(a) defines hearsay by limiting it to words and conduct intended as an assertion, but the rule does not define the term assertion. Courts and legal scholars have focused relatively little attention on the nature and definition of assertion. That is unfortunate, because assertion is a robust concept that has been the subject of intense philosophic study over recent decades. Assertion is not a mere cypher standing in for whatever speech or conduct ...


Know Every Document And Piece Of Evidence In Your File, Rachel Brockl Jan 2021

Know Every Document And Piece Of Evidence In Your File, Rachel Brockl

Publications

Knowing every document and piece of evidence in your case file is imperative to competent preparation of your case. While this may sound obvious, many attorneys fail to follow this advisement to their own peril. The reasons for knowing your case file in and out are threefold: (1) you want to be the case master, (2) you do not want to be caught off-guard, and (3) your reputation is on the line.


Rock And Hard Place Arguments, Jareb Gleckel, Grace Brosofsky Jan 2021

Rock And Hard Place Arguments, Jareb Gleckel, Grace Brosofsky

Seattle University Law Review

This Article explores what we coin “rock and hard place” (RHP) arguments in the law, and it aims to motivate mission-driven plaintiffs to seek out such arguments in their cases. The RHP argument structure helps plaintiffs win cases even when the court views that outcome as unfavorable.

We begin by dissecting RHP dilemmas that have long existed in the American legal system. As Part I reveals, prosecutors and law enforcement officials have often taken advantage of RHP dilemmas and used them as a tool to persuade criminal defendants to forfeit their constitutional rights, confess, or give up the chance to ...