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Articles 1291 - 1320 of 2260
Full-Text Articles in Law
Kentucky Law Survey: Evidence, Robert G. Lawson
Kentucky Law Survey: Evidence, Robert G. Lawson
Law Faculty Scholarly Articles
This Article is a survey of recent developments in evidence law. It focuses on specific issues, including statements for medical treatment or diagnosis, tape recordings, "probativeness" versus "prejudice," and others.
Focus On Faculty, Richard D. Friedman
Focus On Faculty, Richard D. Friedman
Other Publications
Professor Richard Friedman talks about his scholarship and work.
Courts' Evolving Roles In Daubert Decisions, Susan J. Becker
Courts' Evolving Roles In Daubert Decisions, Susan J. Becker
Law Faculty Articles and Essays
In Daubert, the Supreme Court interpreted Federal Rule of Evidence 702 to permit an arguably more-relaxed standard for the admission of expert scientific evidence than previously allowed under the popular Frye test.
Prosecutorial Use Of Expert Testimony In Domestic Violence Cases: From Recantation To Refusal To Testify, Audrey Rogers
Prosecutorial Use Of Expert Testimony In Domestic Violence Cases: From Recantation To Refusal To Testify, Audrey Rogers
Elisabeth Haub School of Law Faculty Publications
This article discusses the use of expert testimony in prosecuting those charged with domestic abuse. Part I provides a background on the need and nature of expert testimony in domestic violence cases and the requirements for the admission of such expert testimony. It traces the development of the role of expert testimony in domestic violence cases from its initial exclusive use as a defense tool to support self-defense claims to its present use by prosecutors to explain a complainant's recantation or other puzzling behavior. Part II discusses the appellate cases that have addressed the admissibility and scope of expert testimony …
Admissibility Of Evidence In Virginia: A Manual For Virginia Trial Lawyers, 2nd Edition, Ronald J. Bacigal
Admissibility Of Evidence In Virginia: A Manual For Virginia Trial Lawyers, 2nd Edition, Ronald J. Bacigal
Law Faculty Publications
This book compiles statutory and case law dealing with the admissibility of evidence. An alphabetical format keyed into subject headings is utilized in order to facilitate quick, accurate access to cases and statutes which answer most basic evidentiary questions. We have also tried, where feasible, to use the language of the court or statute rather than our own interpretation. We believe this approach most usefully serves the purposes of providing a quick, authoritative answer. The format does not allow for extended theoretical discussion, nor does it purport to be an exhaustive survey of all relevant cases. The reader is encouraged …
Hearsay: Traps & Problem Issues, Paul C. Giannelli
Hearsay: Traps & Problem Issues, Paul C. Giannelli
Faculty Publications
No abstract provided.
Evidence, Economics, And Ethics: What Information Should Jurors Be Given To Determine The Amount Of A Punitive Damage Award?, David Crump
Maryland Law Review
No abstract provided.
The Current Value Of Compulsory Process: Can A Defendant Compel The Admission Of Favorable Scientific Testimony, Lisa Graver
The Current Value Of Compulsory Process: Can A Defendant Compel The Admission Of Favorable Scientific Testimony, Lisa Graver
Case Western Reserve Law Review
No abstract provided.
I'Ll Take It For What It Is Worth -- The Use Of Hearsay Evidence By Labor Arbitrators: A Primer And Modest Proposal, Marvin F. Hill, Jr., Tammy M. Westhoff,
I'Ll Take It For What It Is Worth -- The Use Of Hearsay Evidence By Labor Arbitrators: A Primer And Modest Proposal, Marvin F. Hill, Jr., Tammy M. Westhoff,
Journal of Dispute Resolution
This article considers these and other selected problems dealing with hearsay evidence that are likely to be encountered in the arbitral forum. It is our thesis that arbitrators do and should credit some (but not all) forms of hearsay evidence, but that the arbitral process is not served by admitting all evidence and "taking it for what it is worth." Further, we believe when an advocate's case against a grievant consists entirely of hearsay evidence, and there is no reliable substitute for cross examination or "equivalent circumstantial guarantees of trustworthiness," the grievant should prevail. Only in the rarest of cases …
The Relevance Of "Execution Impact" Testimony As Evidence Of Capital Defendants' Character, Darcy F. Katzin
The Relevance Of "Execution Impact" Testimony As Evidence Of Capital Defendants' Character, Darcy F. Katzin
Fordham Law Review
No abstract provided.
Anchors And Flotsam: Is Evidence Law 'Adrift'?, Richard D. Friedman
Anchors And Flotsam: Is Evidence Law 'Adrift'?, Richard D. Friedman
Reviews
Difference, as well as distance, yields perspective. A comparison of legal systems may search for common underlying principles, or for lessons that one system might learn from another. But it may also be aimed primarily at illuminating one system by light shed from another. This is the aim of Evidence Law Adrift, Mirjan Damagka's elegant study of the common law system of evidence, and he is ideally suited for the task. Born and schooled in Continental Europe, he has lived and taught in the United States for twenty-five years. His relation to the common law system of evidence is, I …
Confrontation Clause, Court Of Appeals: People V. Ortiz
Confrontation Clause, Court Of Appeals: People V. Ortiz
Touro Law Review
No abstract provided.
Criminal Law: Oklahoma's New Standard Of Proof In Competency Proceedings: Due Process, State Interests, And A Murderer Named Cooper--Cooper V. Oklahoma, Seth Branham
Oklahoma Law Review
No abstract provided.
Evidence In A Difference Voice: Some Thoughts On Professor Jonakait's Critique Of A Feminist Approach, Aviva Orenstein
Evidence In A Difference Voice: Some Thoughts On Professor Jonakait's Critique Of A Feminist Approach, Aviva Orenstein
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Expert Witness And Jury Comprehension: An Expert’S Perspective, James S. Schutz
Expert Witness And Jury Comprehension: An Expert’S Perspective, James S. Schutz
Cornell Journal of Law and Public Policy
No abstract provided.
The Limits Of Cross-Examination, Richard H. Underwood
The Limits Of Cross-Examination, Richard H. Underwood
Law Faculty Scholarly Articles
In this article, the author compiles the history and methodology of cross-examination from ancient Greece to the modern era. The reality and ethics of cross-examination are explored through anecdotes and detailed histories.
Introduction: Three Contributions To Three Important Problems In Evidence Scholarship, Peter Tillers
Introduction: Three Contributions To Three Important Problems In Evidence Scholarship, Peter Tillers
Cardozo Law Review
This issue of the Cardozo Law Review is graced with original contributions about three fundamental problems in evidence scholarship and the law of evidence. First, in an exchange of views about legal remedies for the wrongful infliction of "evidential damage," Professors Ariel Porat and Alex Stein, on the one hand, and Professor Richard Friedman, on the other, touch on some of the difficulties that are associated with the nearly oxymoronic task of measuring the harm done by the destruction or loss of unknown evidence. Second, in an article about the relationship between estimation of drug quantities and burdens of proof, …
Dealing With Evidentiary Deficiency, Richard D. Friedman
Dealing With Evidentiary Deficiency, Richard D. Friedman
Cardozo Law Review
Lack of information distorts litigation. Claims or defenses that a party might prove easily, or that might even be undisputed, in a world of perfect information can be difficult or impossible to prove in the real world of imperfect information. Some information deficiencies are inevitable, at least in the sense that we could not eliminate them without incurring undue social costs. In some cases, however, a person's conduct may have caused the deficiency. More generally, the person may have had available a reasonable alternative course of conduct that would have eliminated, or at least mitigated, the deficiency.
The Supreme Court's Decision To Recognize A Psychotherapist Privilege In Jaffee V. Redmond, 116 S. Ct. 1923 (1996): The Meaning Of The Term 'Experience' And The Role Of 'Reason' Under Federal Rule Of Evidence 501, Diane Marie Amann, Edward J. Imwinkelried
The Supreme Court's Decision To Recognize A Psychotherapist Privilege In Jaffee V. Redmond, 116 S. Ct. 1923 (1996): The Meaning Of The Term 'Experience' And The Role Of 'Reason' Under Federal Rule Of Evidence 501, Diane Marie Amann, Edward J. Imwinkelried
Scholarly Works
In Jaffee v. United States, 116 S. Ct. 1923 (1996), the U.S. Supreme Court recognized a testimonial privilege protecting the patient-psychotherapist relationship. Its decision is based on Rule 501 of the Federal Rules of Evidence, which permits courts to decide novel questions of privilege in the light of reason and experience. The Court held that this rule authorized not only recognition of a new privilege, but also a privilege of a broad scope, extending to relationships between patients and licensed clinical social workers. Its decision came as a mild surprise, given a widely shared assumption that Rule 501 creates a …
Probabilistic Networks And Inferred Causation, Christian Borgelt, Rudolf Kruse
Probabilistic Networks And Inferred Causation, Christian Borgelt, Rudolf Kruse
Cardozo Law Review
In this article we discuss two related subjects. In the first place, we explain in a tutorial manner the technique of reasoning in probabilistic network structures, which is based on the idea of decomposing a multi-dimensional probability distribution and drawing inferences using only the parts of the decomposition. Secondly, we consider the relations between the structure of a multi-dimensional probability distribution and the underlying causal structure and examine an algorithm which tries to infer the causal structure from the probabilistic structure.
Prior Bad Acts And Two Bad Rules: The Fundamental Unfairness Of Federal Rules Of Evidence 413 And 414, Jason L. Mccandless
Prior Bad Acts And Two Bad Rules: The Fundamental Unfairness Of Federal Rules Of Evidence 413 And 414, Jason L. Mccandless
William & Mary Bill of Rights Journal
This note presents a Due Process analysis of Federal Rules of Evidence 413 and 414. These rules, which took effect in July 1995, overturn the exclusionary requirements of Rule 404 exclusively in cases involving sexual assault and child molestation. The new rules allow similar crimes to serve as evidence for purposes other than those stated in Rule 404(b). Now, federal prosecutors may offer evidence of a defendant's prior uncharged sexual misconduct to demonstrate that the defendant committed the sex offense for which he currently is being charged. Rules 413 and 414 reevaluate the historic concern that evidence of prior acts …
House Rules: Is A Supermajority Requirement For Tax Hikes Constitutional?, John O. Mcginnis, Michael B. Rappaport, Susan Low Bloch
House Rules: Is A Supermajority Requirement For Tax Hikes Constitutional?, John O. Mcginnis, Michael B. Rappaport, Susan Low Bloch
Articles
No abstract provided.
The In/Into Controversy: Lubet Misses The Point, J. Alexander Tanford
The In/Into Controversy: Lubet Misses The Point, J. Alexander Tanford
Articles by Maurer Faculty
No abstract provided.
The Assessment Of Expertise: Transcending Construction, Randolph N. Jonakait
The Assessment Of Expertise: Transcending Construction, Randolph N. Jonakait
Santa Clara Law Review
No abstract provided.
Pink Elephants In The Rape Trial: The Problem Of Tort-Type Defenses In The Criminal Law Of Rape, Aya Gruber
Pink Elephants In The Rape Trial: The Problem Of Tort-Type Defenses In The Criminal Law Of Rape, Aya Gruber
Publications
No abstract provided.
The Admission Of Dna Evidence In State And Federal Courts, George Bundy Smith, Janet A. Gordon
The Admission Of Dna Evidence In State And Federal Courts, George Bundy Smith, Janet A. Gordon
Fordham Law Review
No abstract provided.
Jaffee V. Redmond: Towards Recognition Of A Federal Counselor-Battered Woman Privilege, Fernando Laguarda, Michael B. Bressman
Jaffee V. Redmond: Towards Recognition Of A Federal Counselor-Battered Woman Privilege, Fernando Laguarda, Michael B. Bressman
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Moderating Investigative Lies By Disclosure And Documentation, Robert P. Mosteller
Moderating Investigative Lies By Disclosure And Documentation, Robert P. Mosteller
Faculty Publications
No abstract provided.
Relevance Ratio: Evaluating The Probative Value Of Expert Testimony In Child Sexual Abuse Cases , Thomas D. Lyon, Jonathan J. Koehler
Relevance Ratio: Evaluating The Probative Value Of Expert Testimony In Child Sexual Abuse Cases , Thomas D. Lyon, Jonathan J. Koehler
Cornell Law Review
No abstract provided.
Condemned By Substance And Process: A Comment On “Doubly Condemned”: Adjustments To The Crime And Punishment Regime In The Late Slavery Period In The British Caribbean Colonies And “Under The Present Mode Of Trial, Improper Verdicts Are Very Often Given”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Raymond T. Diamond
Cardozo Law Review
The substance of modem criminal law and the procedures through which that law is enforced are a subject of current debate. On the one hand, some call into question the use of criminal sanctions as a means of enforcing schemes of regulation meant to guarantee public welfare. By the same token, violent crime and crime that is otherwise malum in se has caused increasing levels of fear and concomitant calls for more vigorous enforcement of the criminal law. As a result, the rights that protect the accused from intrusions by a potentially tyrannical state and from arbitrary decision making by …