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Articles 1 - 28 of 28
Full-Text Articles in Law
Evidence Law, Matthew B. Fitzer, Parmele E. Price
Evidence Law, Matthew B. Fitzer, Parmele E. Price
South Carolina Law Review
No abstract provided.
The Treachery Of Perception: Evidence And Experience In Clarissa, Judy Cornett
The Treachery Of Perception: Evidence And Experience In Clarissa, Judy Cornett
Scholarly Works
No abstract provided.
Criminal Procedure Pre-Trial Proceedings: Provide For Discovery And Inspection Of Evidence By The Prosecution And Defendants In Criminal Cases, Jeffrey A. Hannah
Criminal Procedure Pre-Trial Proceedings: Provide For Discovery And Inspection Of Evidence By The Prosecution And Defendants In Criminal Cases, Jeffrey A. Hannah
Georgia State University Law Review
The Act provides for comprehensive discovery in criminal felony and misdemeanor trials. Evidence of alibis and in rebuttal of alibis must now be disclosed by defense and prosecution counsel at least ten days prior to trial. Access to documents, records, and results of examinations and scientific tests, and statements of witnesses must now be disclosed by the prosecution. Upon request of defense counsel, the prosecution must provide access to documents within the possession, custody, or control of the prosecution or state. The Act provides new guidelines for supplying copies of a defendant's Georgia Crime Information Center (GCIC) criminal history to …
The Hague Evidence Convention Revisited: Reflections On Its Role In U.S. Civil Procedure, Gary B. Born
The Hague Evidence Convention Revisited: Reflections On Its Role In U.S. Civil Procedure, Gary B. Born
Law and Contemporary Problems
A reworking of the basic terms of the Hague Evidence Convention is proposed. Under current law, US courts typically do not employ the Convention's evidence-taking mechanisms when ordering discovery from either a litigant or a witness subject to the court's subpoena power.
Experts, Liars, And Guns For Hire: A Different Perspective On The Qualification Of Technical Expert Witnesses, Christopher P. Murphy
Experts, Liars, And Guns For Hire: A Different Perspective On The Qualification Of Technical Expert Witnesses, Christopher P. Murphy
Indiana Law Journal
No abstract provided.
Pre-Trial Motions And Discovery, Richard Kling
Character Impeachment Evidence: The Asymmetrical Interaction Between Personality And Situation, Richard D. Friedman
Character Impeachment Evidence: The Asymmetrical Interaction Between Personality And Situation, Richard D. Friedman
Duke Law Journal
No abstract provided.
Unconvinced, Unreconstructed, And Unrepentant: A Reply To Professor Friedman’S Response, H. Richard Uviller
Unconvinced, Unreconstructed, And Unrepentant: A Reply To Professor Friedman’S Response, H. Richard Uviller
Duke Law Journal
No abstract provided.
Punitive Damages--Developments In Section 1983 Cases, Eileen Kaufman, Martin A. Schwartz
Punitive Damages--Developments In Section 1983 Cases, Eileen Kaufman, Martin A. Schwartz
Scholarly Works
No abstract provided.
Junk Science, Daubert, And Ohio Rule 702, Paul C. Giannelli
Junk Science, Daubert, And Ohio Rule 702, Paul C. Giannelli
Faculty Publications
No abstract provided.
Distinctions Between The Public Records Exception To The Hearsay Rule In Federal And New York Practice, Randi M. Simanoff
Distinctions Between The Public Records Exception To The Hearsay Rule In Federal And New York Practice, Randi M. Simanoff
Touro Law Review
No abstract provided.
Foreword Evidence Symposium: A Comparative Study Of Federal And New York Evidence Practice, Honorable Frank X. Altimari
Foreword Evidence Symposium: A Comparative Study Of Federal And New York Evidence Practice, Honorable Frank X. Altimari
Touro Law Review
No abstract provided.
Puntive Damages -- Developments In Section 1983 Cases, Martin A. Schwartz, Eileen Kaufman
Puntive Damages -- Developments In Section 1983 Cases, Martin A. Schwartz, Eileen Kaufman
Touro Law Review
No abstract provided.
Expert Testimony, Barry C. Scheck
The Supreme Court Rules On Statements Against Interest, Michael M. Martin
The Supreme Court Rules On Statements Against Interest, Michael M. Martin
Touro Law Review
No abstract provided.
Employees' Admissions In New York: Time For A Change, David J. Wallman
Employees' Admissions In New York: Time For A Change, David J. Wallman
Touro Law Review
No abstract provided.
The Poor Fit Of Traditional Evidentiary Doctrine And Sophisticated Crime: An Empirical Analysis Of Health Care Fraud Prosecutions, Pamela H. Bucy
The Poor Fit Of Traditional Evidentiary Doctrine And Sophisticated Crime: An Empirical Analysis Of Health Care Fraud Prosecutions, Pamela H. Bucy
Fordham Law Review
No abstract provided.
The Hague Evidence Convention: The Need For Guidance On Procedures And Resolution Of Conflicts In Transnational Discovery, John C. Plaster
The Hague Evidence Convention: The Need For Guidance On Procedures And Resolution Of Conflicts In Transnational Discovery, John C. Plaster
Vanderbilt Journal of Transnational Law
As international commercial disputes become more common, United States courts increasingly face difficult issues involved in transnational discovery. Two frequently encountered issues are choosing whether to use the discovery procedures of the Federal Rules of Civil Procedure or the Hague Evidence Convention and whether to enforce a discovery order when the order conflicts with a law of the state in which discovery is to occur. Although the Supreme Court has addressed both of these issues, it has left lower courts considerable discretion to deal with these issues case by case. Lower courts, therefore, have not been uniform in their approaches …
Character Evidence, James L. Kainen
Ineffective Assistance Of Counsel: In Re Jamie Tt.
Ineffective Assistance Of Counsel: In Re Jamie Tt.
Touro Law Review
No abstract provided.
Polygraph Evidence: Part Ii, Paul C. Giannelli
Polygraph Evidence: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
Scientific Evidence In The Courtroom: The Death Of The Frye Rule, George J. Annas
Scientific Evidence In The Courtroom: The Death Of The Frye Rule, George J. Annas
Faculty Scholarship
In one of the most anticlimactic cases in recent years, the Supreme Court ruled on the last day of its 1992-1993 term that federal judges should admit all relevant scientific testimony and evidence that is “reliable”. The result was so uncontroversial that both sides in the case said they were satisfied; because the result was also so vague, it will probably be years before its effect can be accurately ascertained. The facts of the case, Daubert v. Merrell Dow Pharmaceuticals, Inc., are somewhat more interesting than its prosaic legal conclusion.
Confrontation Issues In Child Abuse Cases, Paul C. Giannelli
Confrontation Issues In Child Abuse Cases, Paul C. Giannelli
Faculty Publications
No abstract provided.
Polygraph Evidence: Part I, Paul C. Giannelli
Polygraph Evidence: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
Balancing The Scales: Limiting The Prejudicial Effect Of Evidence Rule 404(B) Through Stipulation, Daniel J. Buzzetta
Balancing The Scales: Limiting The Prejudicial Effect Of Evidence Rule 404(B) Through Stipulation, Daniel J. Buzzetta
Fordham Urban Law Journal
This Note argues that, in a prosecution for a violation of a specific intent criminal statute, the government must accept a defendant’s clear and unambiguous stipulation to possessing the requisite intent for the crime charged. The trial court must ensure that the proffered stipulation is voluntarily given, unambiguous, and comprehensive, so as not to deprive the prosecution from presenting forceful, significant, and probative evidence. Once a defendant offers such an acceptable stipulation, however, the government’s introduction of prior bad acts to prove intent becomes extremely prejudicial, while any probative value the evidence may have is dissipated entirely. Part II of …
Employee Dishonesty And The After-Acquired Evidence Doctrine: Why Honesty Is The Best Policy, Georgia Stanaitis
Employee Dishonesty And The After-Acquired Evidence Doctrine: Why Honesty Is The Best Policy, Georgia Stanaitis
Cleveland State Law Review
The Eleventh Circuit has stated that application of the after-acquired evidence doctrine as a complete defense is too rigid and that it produces harsh, inequitable results. At the same time, the Eleventh Circuit has voted to rehear the case setting forth this view. Until the rehearing, the Eleventh Circuit's principles are sound.13 Specifically, the Eleventh Circuit has criticized Summers as being antithetical to the principal purposes of Title VII which are to achieve equality of employment opportunity and make whole, so far as is possible, the individual or class affected by the discrimination. The Eleventh Circuit and arbitral forums, such …
Toxic Torts, Causation, And Scientific Evidence After Daubert, Jean Eggen
Toxic Torts, Causation, And Scientific Evidence After Daubert, Jean Eggen
Jean M. Eggen
No abstract provided.
Evidentiary Failures: A Structural Theory Of Evidence Applied To Hearsay Issues, Thomas J. Reed
Evidentiary Failures: A Structural Theory Of Evidence Applied To Hearsay Issues, Thomas J. Reed
Thomas J Reed
No abstract provided.