Law Commons^™

Sit, Stay, Overturn: How New Canine Science Is Challenging Courtroom Convictions, Kerolls Gadelrab

Georgia Criminal Law Review

Courts increasingly rely on cadaver dog evidence in criminal trials, treating canine alerts as a reliable form of forensic evidence. This naive acceptance of cadaver dog evidence, coupled with courts’ continued application of out-dated admissibility standards, threatens to perpetuate wrongful convictions in an era of rapidly advancing scientific understanding. This Article argues that courts must develop a new framework for evaluating cadaver dog evidence that incorporates modern scientific research on ca-nine olfaction and scent detection capabilities. While scholars have extensively analyzed various forensic evidence standards post-Daubert, the literature has largely over-looked how recent scientific advances in understanding ca-nine olfaction should …

The Federal Rules Of Evidence And Adjudicating Truth To Power, Susan H. Bitensky

Idaho Law Review

No abstract provided.

Angel Gutierrez-Zacatenco V. Rosa Herrera, 142 Nev. Adv. Op. 52 (Aug. 13, 2026), Sana Azim

Nevada Supreme Court Summaries

Incomplete medical records can be authenticated for admissibility purposes through a sufficient fact-specific demonstration of authenticity.

The Use And Abuse Of Hearsay In Family Law Matters, Jessica Tueller, Monica Dionisio

Other Faculty Publications

No abstract provided.

Off-Label Neuroimaging, Jane C. Moriarty

Law Faculty Publications

The growth of neuroimaging evidence in the courtroom is consistent with the increased reliance on technical and machine-based specialties at trial. Litigants routinely seek to introduce neuroimaging evidence in both civil and criminal trials to supplement traditional medical, psychiatric, and psychological opinion testimony. A substantial portion of neuroimaging evidence is still in the developmental stage—what I term “off-label neuroimaging.” Unsurprisingly, evaluating the reliability of developing neuroimaging poses challenging questions for gatekeeping courts. Among the complex evidentiary issues neuroimaging presents for courts and litigants, this Article considers one foundational question: How should courts determine whether neuroimaging evidence is sufficiently reliable for …

The Early Returns Are In: A Review Of The First Two Years Of Amended Federal Rule Of Evidence 702, Mark Behrens, Lee Mickus, Christopher Appel

University of Cincinnati Law Review

No abstract provided.

Frye Is So Last Century: It’S Time For Washington To Get With The Times, Darian Mullen

Seattle Journal of Technology, Environmental, & Innovation Law

This paper argues that Washington State should finally abandon the

Frye test for expert witnesses and adopt the Daubert test used by federal

courts and most states. It begins with a discussion of the background of

expert witnesses in the U.S. court system and its evolution through Frye.

Then, it looks at the increase in drunk driving in Washington State as a

case study for how the public depends on quality science to protect

individuals and punish wrongdoers. Through the case study, it is

apparent that Frye is an unworkable standard that should be superseded

by Daubert.

Richt V. State Of Nevada, 142 Nev. Adv. Op. 32 (April 30, 2026), Vanessa Arias

Nevada Supreme Court Summaries

A defendant must establish a foundation for a self-defense claim before being allowed to bring in evidence of the victim's character. If the defendant wishes to admit evidence to support a self-defense claim it must be relevant. Lay witnesses are allowed to testify regarding their own perception.

Understanding “Truth Of The Matter Asserted”, Frank Rosenblatt

Journal Articles

Many people struggle to understand hearsay. It’s not their fault. The hearsay definition is confusing and unhelpful, especially its final phrase: that hearsay is an out-of-court statement1 offered to prove “the truth of the matter asserted” in the statement.2 What does “truth of the matter asserted” mean? The definition’s plain language isn’t much help. This paper shares the basic example that I have found to be most effective in my law school evidence classes to diagnose hearsay.

Matadamas-Serrano V. State, 142 Nev. Adv. Op. 20 (Mar. 5, 2026), Mary Shamon

Nevada Supreme Court Summaries

A district court does not commit reversible error by denying a Batson challenge at step one based on strike percentages alone, or by allowing a substitute coroner to give an independent opinion based on autopsy photographs.

Evidence And Assessing Verbatim Transcription Quality Of Black English And Standard American English, L. Alexander Walker Iii

Faculty Scholarship

This chapter explores the accuracy of private transcription services when transcribing Black English and Standard American English. Courts and lawyers in the US regularly rely on transcripts from such services, but third-party verification of their accuracy, especially with respect to their quality when faced with nonstandard language varieties, is lacking. This study draws on experimental methods to contrast the quality of transcription services offered by transcribers and AI route. The quantitative results show that transcription by humans and AI resulted in more mistakes when transcribing Black English than when transcribing Standard American English. Furthermore, a qualitative analysis reveals that these …

Law School News: Expanding Access And Equity: Rwu Law's Cle Series Supports Rhode Island Attorneys 2-25-2026, Jane Govednik

Life of the Law School (1993- )

No abstract provided.

Adversaries And Experts: Legal Tradition Versus Empirical Science, André M. Peñalver

Seattle University Law Review Online

The modern courtroom can become a battleground between two epistemologies: the adversarial logic of law and the empirical rigor of science. Using a case involving a neuropsychological exam under Washington Civil Rule 35, this Article explores the tension between these traditions. While medicine embraced the Scientific Revolution, law remains tethered to its medieval Scholastic roots. The Article argues for humility and integration of evidence-based reasoning within the adversarial process.

Artificial Intelligence In The Prosecution Of International Crimes, Marta Bo

International Law Studies

International criminal prosecutions face growing evidentiary challenges due to the vast and heterogeneous digital material generated during conflicts, including user-generated videos, social media, and intercepted communications. This article examines the potential role of artificial intelligence (AI) in supporting investigations and trials before the International Criminal Court (ICC). Rather than replacing judicial decision-making, AI can assist with specific tasks, particularly in establishing contextual elements and linkage evidence central to international crimes. The article explores three main areas: AI-driven biometric tools for facial and speech recognition; AI techniques for detecting patterns of violence and mapping command structures; and applications during trial proceedings, …

Law School News: Roger Williams University Marks Fred Korematsu Day With Reflection On Rights And Responsibility 02-02-2026, Kelly Brinza, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Michigan's Humble "Rules Of The Road" And How They Drive The Law, Virginia C. Thomas

Law Faculty Research Publications

The author traces the Michigan Secretary of State's publication, What Every Driver Must Know, from its first edition in 1937 to show how it has guided Michiganders' understanding of the state's motor vehicle laws.

Exequatur Of Foreign Instruments, Abdellah Aaloussi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The paper analyzes the Moroccan legal framework for granting enforceability to foreign instruments and judgments. It explains the conditions and procedures for exequatur, the evidentiary value of foreign documents, and practical difficulties created by differences between legal systems and public-order safeguards.

Opening Report Of The Symposium On Documentation And The Protection Of Rights, Abdellatif Hidayatallah

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This opening report frames the symposium’s central theme: how legal documentation safeguards rights and strengthens trust in social and economic relations. It highlights the role of written evidence and authenticated instruments in preventing disputes, protecting vulnerable parties, and ensuring legal certainty.

The Evidence Machine: Rethinking Admissibility And Privacy In India's Ai Surveillance State, Samyukta Ramaswamy

Indian Journal of Law and Technology

The proliferation of artificial intelligence (‘AI’) surveillance technologies that utilise machine learning (‘ML’) capabilities to gather and process information to derive insights about individuals has transformed the surveillance landscape by enabling governments and private entities to engage in increasingly pervasive monitoring and data-driven profiling. In India, this transformation is compounded by the presence of executive-controlled surveillance mechanisms under the legal framework of the Telecommunications Act 2023, the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules 2024, and the Digital Personal Data Protection Act 2023, amongst others, which authorises wide-ranging data interception and dragnet surveillance while exempting government agencies …

Workplace Video Surveillance: A Comparative Law Perspective, Imane Hilani

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Workplace video surveillance has become widespread, raising major issues at the intersection of the employer’s power of control and employees’ fundamental rights. This article examines the legal framework governing the use of CCTV at work, with particular attention to personal privacy and the protection of personal data. It discusses the conditions of lawful monitoring (information, proportionality, purpose limitation, security and retention), as well as employees’ rights and the evidentiary value of recordings, through a Moroccan and comparative perspective supported by legislation and case law.

The Invalidity Of The “Shock The Conscience” Test For Evidence Gathered By Foreign Police, Kevin Valleroy

Saint Louis University Law Journal

Federal courts since the 1970s have often discussed the “shock the conscience” test in the context of transnational criminal investigations. This test purports to exclude from American trials evidence gathered by foreign police through “conscience shocking” methods. No doubt its creators sought to protect the rights of defendants amidst unclear evidentiary standards. But since the test’s creation, its proponents have failed to agree on a consistent explanation for the test’s constitutionality. Moreover, Supreme Court precedent since the 1980s has heaped doubt on the prevailing explanations for the test’s existence. While a lively debate on the “shock the conscience” test’s underlying …

Statistical Analysis Of Evidence In Criminal Cases, Giuliana Leon Carrillo

Graduate Theses, Dissertations, and Problem Reports (ETD)

Ideally, the evaluation of relevant forensic evidence must corroborate the hypotheses that the prosecution and/or the defense holds regarding the commitment of a crime. Therefore, optimal forensic evidence would be the one that can be found all the time under the same circumstances, and cannot be found otherwise, making the forensic scientist able to evaluate this evidence given the hypotheses provided. Nevertheless, this is hard to find, as ideal evidence being only a concept.

In this project, the probabilistic interpretation of relevant forensic evidence investigated in criminal cases with the aid of Wigmore charts and Bayesian networks was proposed. Using …

Misinformation And The Law, Gustavo Ribeiro

Scholarly Articles in Law Reviews & Journals

This Article bridges critical gaps between the growing body of social science research on misinformation and the persistent challenges jurors face in evaluating potentially unreliable evidence in courtrooms. Misinformation—a pervasive issue undermining decision-making in democratic societies—mirrors the difficulties jurors encounter in distinguishing truth from falsehood amid compelling but unreliable evidence. The consequences of such challenges are dire: wrongful convictions, racial disparities, and the erosion of public trust in the legal system.

This Article is the first piece of legal scholarship to provide a comprehensive discussion of current research on the psychological mechanisms underlying susceptibility to misinformation—such as the illusory truth …

The Federal Rules Of Evi-Dance: Exploring And Reimagining Evidence Law Through Music, And Proposing Amendments To Rule 604, Brian C. Potts

Faculty Articles

Every trial has a rhythm and a flow. Every trial is a performance. This article extends the literature on law and music further into the field of evidence. I offer a new exploration and reimagining of the Federal Rules of Evidence through leitmotivs. I contend that leitmotivs—musical calling cards—reify principles of evidence law. As I spin these leitmotivs, I propose two amendments to Rule 604 regarding the oath for courtroom interpreters. I propound a new critique explaining how and why courts are wrong when they often claim “Daubert did not work a ‘seachange’ over federal evidence law.” I tender two …

Crypto Exchanges In Market Regulation, Yesha Yadav

Vanderbilt Law Review

The cryptocurrency market has proven notoriously challenging to regulate despite a decade during which it has gained in economic size, sophistication, and cultural impact. Even as repeated crises have left ordinary savers wiped out, regulation has shown itself to be woefully absent as a means of mitigating risks ex ante or helping cover the cost of damage ex post. This Article looks to break this deadlock by proposing a tried-and-tested solution: It argues that regulators should task crypto exchanges with providing oversight as self-regulatory organizations of the crypto market in which they play an anchoring role. It offers three supporting …

Keeping Evidence Real, Anya Bernstein, Julia Simon-Kerr

Faculty Scholarship

Commentators largely agree that the Federal Rules of Evidence have problems. Expert testimony standards admit junk science. Impeachment rules chill defendant testimony. The hearsay regime defies consistent application and obstructs self-representation. The list goes on: Many rules fail to assist, or affirmatively thwart, jurors trying to make good decisions. Such shortcomings disproportionately harm those with the least power in the system, raising profound questions about whether the evidence code serves its statutory mandate—to promote truth and justice in court proceedings. In the face of widely recognized problems, the government body charged with managing the evidence code—the Advisory Committee on Evidence …

Gilded Executive Privilege: The Unstated Evidentiary Rule In Trump V. United States, Matthew D. Woodham, Ramona C. Albin

St. John's Law Review

(Excerpt)

In Trump v. United States, the Supreme Court of the United States held that a former President has absolute immunity from criminal prosecution for official acts within his core constitutional powers, presumptive immunity for all other official acts, and no immunity for private conduct undertaken while in office. Although the Court granted certiorari to address an immunity question, it then strayed into an evidentiary one in holding certain official acts evidence to be categorically inadmissible in the prosecution of private conduct. This Article interrogates the evidentiary foundation for this lesser-explored aspect of the Trump opinion and the danger …

"There Was Such An Array Of Circumstances Pointing To Defendant's Guilt…": Shepard V. United States And The Dying Declaration As A Legal, Social, And Political History Of People, Places, Times… And Utility, Joshua E. Kastenberg

Cleveland State Law Review

In 1933, the Court, in Shepard v. United States, limited the “dying declaration” exception to the prohibition against hearsay. Shepard has been cited over 500 times by courts of appeal, the decision appears in evidence casebooks, and scholars have challenged it as robbing the voice of victims. However, there has never been a legal history of the decision. The case arose from a criminal conviction that occurred in the last days of the “Roaring Twenties,” and the appeal transited through the courts in the first years of the Great Depression. The Court, in a unanimous decision authored by Justice …

Judicial Enforcement Of Evidence Law, G. Alexander Nunn

Faculty Scholarship

The truth matters. At least it should. In the courtroom, truth can serve as the cornerstone of justice, liberating the innocent, vindicating victims, and holding the guilty to account. Indeed, truth is such a normative imperative that an entire legal discipline now focuses on fostering its discovery at trial—evidence law. By regulating both the reliability of proof and the rationality of cognitive inferences, evidence law seeks to help factfinders discern truth and reach an accurate verdict. And given the importance of that role, one might naturally assume that the strict enforcement of evidence law would be a legal mandate of …

Law School News: The Surprising Impact Of Pro Bono Opportunities 9-2-2025, Suzi Morales

Life of the Law School (1993- )

No abstract provided.