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Articles 1321 - 1350 of 2260
Full-Text Articles in Law
Evidence, Ansley B. Askins
Testilying: Police Perjury And What To Do About It, Christopher Slobogin
Testilying: Police Perjury And What To Do About It, Christopher Slobogin
Vanderbilt Law School Faculty Publications
Police, like people generally, lie in all sorts of contexts for all sorts of reasons. This article has focused on police lying designed to convict individuals the police think are guilty. Strong measures are needed to reduce the powerful incentives to practice such testilying and the reluctance of prosecutors and judges to do anything about it. Among them might be the adoption of rewards for truth telling, the redefinition of probable cause, and the elimination of the exclusionary rule and its insidious effect on the resolve of legal actors to implement the commands of the Constitution. Ultimately, however, the various …
Pragmatism And Realism, Hilary Putnam
Pragmatism And Realism, Hilary Putnam
Cardozo Law Review
Let me begin by asking what will undoubtedly seem to many, if not all of you, a most peculiar question: How did it happen that the first philosopher to present a completely worked out version of direct realism in the entire history of modem philosophy was none other than the American pragmatist, William James?
A Researcher’S Privilege: Does Any Hope Remain?, Robert M. O'Neil
A Researcher’S Privilege: Does Any Hope Remain?, Robert M. O'Neil
Law and Contemporary Problems
No abstract provided.
Judicially Compelled Disclosure Of Researchers’ Data: A Judge’S View, Barbara B. Crabb
Judicially Compelled Disclosure Of Researchers’ Data: A Judge’S View, Barbara B. Crabb
Law and Contemporary Problems
Crabb looks at the approach one court has established to balance the demands of the legal system with the legitimate concerns of researchers.
Reluctant Experts, Paul D. Carrington, Traci L. Jones
Reluctant Experts, Paul D. Carrington, Traci L. Jones
Law and Contemporary Problems
Two duties arising under Rule 45 and related provisions of the Federal Rules of Civil Procedures, including the duty of a scientific or technical expert not retained by a party to testify to an opinion on a disputed scientific or technical issue, are discussed.
Researcher’S Reactions To Compelled Disclosure Of Scientific Information, Elizabeth C. Wiggins, Judith A. Mckenna
Researcher’S Reactions To Compelled Disclosure Of Scientific Information, Elizabeth C. Wiggins, Judith A. Mckenna
Law and Contemporary Problems
Demands placed on researchers by subpoenas for scientific information are not necessarily any greater than those placed on other third-party recipients of subpoenas.
Compelled Disclosure Of Scholarly Research: Some Comments On “High Stakes Litigation”, J. Steven Picou
Compelled Disclosure Of Scholarly Research: Some Comments On “High Stakes Litigation”, J. Steven Picou
Law and Contemporary Problems
Resisting compelled disclosure in court will continue to be at best a tenuous and uncertain journey for researchers who have been subpoenaed.
Science And Subpoenas: When Do The Courts Become Instruments Of Manipulation?, Paul M. Fischer
Science And Subpoenas: When Do The Courts Become Instruments Of Manipulation?, Paul M. Fischer
Law and Contemporary Problems
Fischer says he believes that the uneasy relationship between law and science is likely to continue regarding disclosure of scientific research materials.
Research And Its Revelation: When Should Courts Compel Disclosure, Bert Black
Research And Its Revelation: When Should Courts Compel Disclosure, Bert Black
Law and Contemporary Problems
The best hope for improving the resolution of disputes concerning disclosing research is for lawyers to present the research and litigation issues clearly and for courts to develop a "keener sense" for the area of expertise involved.
Accomplices' Confessions And The Confrontation Clause, Welsh S. White
Accomplices' Confessions And The Confrontation Clause, Welsh S. White
William & Mary Bill of Rights Journal
The admissibility of an accomplice's confession against a criminal defendant has long been a subject of concern in Anglo-American law. The Supreme Court has held that accomplices' confessions to the police are presumptively unreliable under the Confrontation Clause, without clearly expressing what facts would lend to the reliability of such statements. However, Professor White argues that in Williamson v. United States, the Court adopted an empirical framework that will make such confessions more likely to be admissible against an accused.
In this Article, Professor White first explores the traditional skepticism towards accomplices' confessions and explains the nature of the current …
The Future Of The Exclusionary Rule: An Alternative Analysis For The Adjudication Of Individual Rights, Benjamin A. Swift
The Future Of The Exclusionary Rule: An Alternative Analysis For The Adjudication Of Individual Rights, Benjamin A. Swift
Northern Illinois University Law Review
The benefits accrued through the use of computer and technological advances unfortunately sometimes infringe upon personal liberties. This comment examines the range and scope of the Exclusionary Rule in those instances when computer or technological errors supply improper evidence about individuals to police. The author focuses on the Supreme Court decision in United States v. Evans, and then places Evans in its context in criminal procedure jurisprudence.
Windfall Analysis: A New Look At Uncharged Conduct Evidence, David J. Achtenberg
Windfall Analysis: A New Look At Uncharged Conduct Evidence, David J. Achtenberg
Faculty Works
In criminal cases, the prosecution frequently offers evidence of uncharged conduct (usually prior criminal activity), claiming that it will tend to prove the mens rea element of the charged offense. When such an offer is made, Rule 404(b) of the Federal Rules of Evidence (FRE) creates a dilemma for the trial court. On the one hand, the rule forbids the introduction of uncharged conduct evidence (UCE) for one purpose: proof of a person's character in order to show that the person acted in conformity with that character trait on a particular occasion. On the other hand, it permits the introduction …
The After-Acquired Evidence Rule: The Best Of All Possible Worlds?, Sharona Hoffman
The After-Acquired Evidence Rule: The Best Of All Possible Worlds?, Sharona Hoffman
Faculty Publications
No abstract provided.
Computer Generated Visual Evidence: Does Daubert Make A Difference?, Carole E. Powell
Computer Generated Visual Evidence: Does Daubert Make A Difference?, Carole E. Powell
Georgia State University Law Review
No abstract provided.
Book Review Of Courtoom Handbook On Federal Evidence, James S. Heller
Book Review Of Courtoom Handbook On Federal Evidence, James S. Heller
Library Staff Publications
No abstract provided.
Post-Daubert Confusion With Expert Testimony, Michael C. Polentz
Post-Daubert Confusion With Expert Testimony, Michael C. Polentz
Santa Clara Law Review
No abstract provided.
That's My Story And I'M Stickin' To It: The Jury As Fifth Business In The Trial Of O.J. Simpson And Other Matters, Marianne Wesson
That's My Story And I'M Stickin' To It: The Jury As Fifth Business In The Trial Of O.J. Simpson And Other Matters, Marianne Wesson
Publications
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
Faculty Publications
No abstract provided.
Discovering Who We Are: An English Perspective On The Simpson Trial, William T. Pizzi
Discovering Who We Are: An English Perspective On The Simpson Trial, William T. Pizzi
Publications
No abstract provided.
"Other Accident" Evidence In Product Liability Actions: Highly Probative Or An Accident Waiting To Happen?, Robert A. Sachs
"Other Accident" Evidence In Product Liability Actions: Highly Probative Or An Accident Waiting To Happen?, Robert A. Sachs
Oklahoma Law Review
No abstract provided.
Evidence: Taylor V. State--Oklahoma Abandons The Frye Test And Forces Its State Court Judges To Enter The Twilight Zone, Paige Queen
Oklahoma Law Review
No abstract provided.
Admissibility Of Investigatory Reports In § 1983 Civil Rights Actions - A User's Manual, Martin A. Schwartz
Admissibility Of Investigatory Reports In § 1983 Civil Rights Actions - A User's Manual, Martin A. Schwartz
Scholarly Works
No abstract provided.
Rule 901: Requirement Of Authentication Or Identification
Rule 901: Requirement Of Authentication Or Identification
Touro Law Review
No abstract provided.
Rule 408: Compromise And Offers To Compromise
Rule 609: Impeachment By Evidence Of Conviction Of Crime
Rule 609: Impeachment By Evidence Of Conviction Of Crime
Touro Law Review
No abstract provided.
Rule 801(D)(1): Prior Statement By Witness