Law Commons^™

Currency Contamination And Drug-Sniffing Canines: Should Any Evidentiary Value Be Attached To A Dog's Alert On Cash?, Andy G. Rickman

Kentucky Law Journal

No abstract provided.

Syndromes And Politics In Criminal Trials And Evidence Law, Robert P. Mosteller

Faculty Publications

No abstract provided.

Child Sexual Abuse Prosecutions: Admitting Out-Of-Court Statements Of Child Victims And Witnesses In Louisana, Charles W. Ehrhardt, Ryon M. Mccabe

Scholarly Publications

No abstract provided.

"X-Spurt" Witnesses, Richard H. Underwood

Law Faculty Scholarly Articles

In this article the author pulls together a history of expert witnesses in common law systems. Various issues are explored regarding expert witness testimony, including: the historical underpinnings of the practice, how Daubert controls that issue in modern times, rules of evidence, psychological science, and professional ethics.

The Ethics Of Witness Coaching, Richard C. Wydick

Cardozo Law Review

This Article focuses on the ethics of coaching cooperative lay witnesses (not adversary witnesses or expert witnesses). It discusses mostly United States law, but the problems it discusses exist also in England and other nations that use the common law adversary system. As used here, "witness coaching" means conduct by a lawyer that alters a witness's story about the events in question. Usually witness coaching occurs when a lawyer is interviewing a witness in the course of investigating the facts of the case or when a lawyer is preparing a witness to testify at a deposition or trial. Interviewing a …

She’S Gotta Have It Now: A Qualified Rape Crisis Counselor-Victim Privilege, Euphemia B. Warren

Cardozo Law Review

This Note analyzes the justifications for a testimonial privilege for communications between a rape victim and her counselor. More importantly, it contends that a qualified privilege sufficiently protects the counselor-victim relationship and the rape victim's need for confidentiality, while at the same time securing the defendant's Sixth Amendment rights. This Note endorses a qualified privilege that requires a specific showing by the defendant that the information he seeks might be helpful to his case before the trial judge will conduct an in camera inspection of the confidential rape counseling records. In the in camera review, the judge will determine whether …

Probability And Proof In State V. Skipper: An Internet Exchange, Lewis H. Larue

Scholarly Articles

Not available.

"Show And Tell": An Analysis Of The Scope Of The Attorney-Client Waiver Standards, Roberta M. Harding

Law Faculty Scholarly Articles

As today's society becomes increasingly litigious, document productions, a major discovery tool, are growing larger. One inevitable consequence of this phenomenon is the increased risk that communications protected by the attorney-client privilege may be inadvertently disclosed. Privileged communications may also be disclosed to an adversary under more questionable circumstances: specifically, the intentional, strategic disclosure of privileged information favorable to the disclosing party's position.

In any case involving the disclosure of privileged information, the court must initially decide whether the privilege is waived. To resolve this threshold issue courts apply one of the three waiver tests. If a court decides that …

Coping With Phantom Risks In The Courts, Peter W. Huber

RISK: Health, Safety & Environment (1990-2002)

Dr. Huber describes "phantom" risks as those tending to hover indefinitely, never to crystallize. He argues that legal procedures should optimally lead' to closure and eliminate unwarranted fears.

Review Of: Dorothy J. Howell, Scientific Literacy And Environmental Policy- The Missing Prerequisite For Sound Decision Making (Quorum Books 1992), Diane M. Albert

RISK: Health, Safety & Environment (1990-2002)

Review of: Dorothy J. Howell, Scientific Literacy and Environmental Policy- The Missing Prerequisite for Sound Decision Making (Quorum Books 1992). Acknowledgements, bibliography, epilogue, index, introduction. LC 91- 36028; ISBN 0-89930-616-0. [181 pp. Cloth $45.00. One Madison Ave., New York, NY 10010.1

Which Scientist Do You Believe - Process Alternatives In Technological Controversies, Thomas G. Field Jr.

RISK: Health, Safety & Environment (1990-2002)

Beyond introducing these papers, Professor Field argues that those designing processes for tasks originally contemplated by the Science Court proposal should closely consider, e.g., intervening experience with alternative dispute resolution.

The Separation Of Facts And Values, Arthur Kantrowitz

RISK: Health, Safety & Environment (1990-2002)

Dr. Kantrowitz maintains that much modern pessimism derives from failure to separate what is from what ought to be and urges that scientific conflicts be resolved as value neutrally as possible.

On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar

Articles

Professor Akhil Reed Amar and Ms. Renee B. Lettow have written a lively, provocative article that will keep many of us who teach constitutional-criminal procedure busy for years to come. They present a reconception of the "first principles" of the Fifth Amendment, and they suggest a dramatic reconstruction of criminal procedure. As a part of that reconstruction, they propose, inter alia, that at a pretrial hearing presided over by a judicial officer, the government should be empowered to compel a suspect, under penalty of contempt, to provide links in the chain of evidence needed to convict him.

Reply: Self-Incrimination And The Constitution: A Brief Rejoinder To Professor Kamisar, Akhil Reed Amar, Renée B. Lettow

Michigan Law Review

A Reply to Yale Kamisar's Response to the "Fifth Amendment Principles: The Self-Incrimination Clause"

Fifth Amendment First Principles: The Self-Incrimination Clause, Akhil Reed Amar, Renée B. Lettow

Michigan Law Review

In Part I of this article, we examine the global puzzle of the Self-Incrimination Clause and the local confusion or perversion lurking behind virtually every key word and phrase in the clause as now construed. In Part II we elaborate our reading of the clause and show how it clears up the local problems and solves the overall puzzle.

General Evidentiary Objections Still Valid In Maryland, Dinah S. Leventhal

Maryland Law Review

No abstract provided.

The Meaning Of "Facts Or Data" In Federal Rule Of Evidence 703: The Significance Of The Supreme Court's Decision To Rely On Federal Rule 702 In Daubert V. Merrell Dow Pharmaceuticals, Inc., Edward J. Imwinkelried

Maryland Law Review

No abstract provided.

Codifying The Rule On Expert Testimony: Why Traditional Analysis Should Be Generally Acceptable, Kevin M. Carroll

Maryland Law Review

No abstract provided.

Residual Hearsay Exceptions: A New Opening?, Jeffrey E. Greene

Maryland Law Review

No abstract provided.

What Is A "Crime Relevant To Credibility"?, James A. Protin

Maryland Law Review

No abstract provided.

The Plain Feel Doctrine In Washington: An Opportunity To Provide Greater Protections Of Privacy To Citizens Of This State, Laura T. Bradley

Seattle University Law Review

This Comment argues that Washington should return to an independent analysis of search and seizure doctrine under article I, section 7 of the state constitution and reject the admission of contraband seized during the course of a pat-down frisk. The decisions in Hudson and Dickerson have established an unnecessary and unworkable standard, and involve an increased invasion of personal privacy without the counter-balancing need to protect the safety of others. The plain feel doctrine as announced in Dickerson and Hudson developed from two well-established concepts in search and seizure law-the Terry frisk of persons to discover weapons and the plain …

The Crime Bill Of 1994 And The Law Of Character Evidence: Congress Was Right About Consent Defense Cases, Roger C. Park

Fordham Urban Law Journal

There is considerable debate as to whether to admit evidence of past sexual assaults in cases where the accused presents a defense of consent to a current sexual assault charge. The consent defense presents a unique situation where, due to the probative value of evidence that suggests propensity to rape, a strong justification can be made to admit this information as evidence. However, critics of this opinion have argued that admitting propensity evidence about the accused in a rape case is inconsistent with the rape shield rule which excludes propensity evidence about the victim. This argument is flawed in the …

Undertaking The Task Of Reforming The American Character Evidence Prohibition: The Importance Of Getting The Experiment Off On The Right Foot, Edward J. Imwinkelried

Fordham Urban Law Journal

The United States Congress and the State Legislatures of Indiana and Missouri have chosen illogical starting points in their experiments to reform the prohibition against introducing character evidence in criminal cases. Rather than start by allowing the introduction of past crimes with high recidivism rates such as burglary, these legislatures have chosen crimes with minimal probative value as predictors of the accused's conduct. By allowing the the introduction of criminal history in regard to criminal sexual conduct and child molestation, these legislatures increase the risk of wrongful conviction due to the disdain with which the average citizen views these types …

Federal Rules Of Evidence And The Political Process, David P. Leonard

Fordham Urban Law Journal

An important tenet of American evidence law is the strict regulation on the introduction of character evidence. This principal has begun to be chipped away at through the adoption of amendments that allow character evidence to be introduced in certain types of cases. The Federal Rules of Evidence were subject to very little amendment during their first 20 years of use, and have always represented a blend of conservatism about evidence law and political compromise. This tension has been kept in check until the proposal of Rules 413-415, which represents a concession to the politicization of the rules. Before imposing …

American Bar Association Criminal Justice Section Report To The House Of Delegates, Myrna S. Raeder

Fordham Urban Law Journal

The proposed amendments to the Federal Rules of Evidence, Rules 413-15 regarding the admission of character testimony in cases of sexual abuse and child molestation, have been roundly criticized by the legal community on both substantive and procedural grounds. The ABA has resolved to oppose the substance of these rules, and fear that in addition to the direct concerns regarding the result of the rules, they raise troubling policy issues going forward.

Some Thoughts On The Sexual Misconduct Amendments To The Federal Rules Of Evidence, Norman M. Garland

Fordham Urban Law Journal

Although the adoption of the Federal Rules of Evidence 413-15 may have a positive result, Congress rushed their drafting which has led to several problems and ambiguities in the proposed rules. One of these major ambiguities is the issue of what standard of proof might be applied to decide the admissibility of such other, uncharged sex crimes offered against the accused.

Brown And The Doctrine Of Precedent: A Concurring Opinion, Thomas B. Mcaffee

Scholarly Works

This article is part of a symposium sponsored by Southern Illinois University regarding Brown v. Board of Education. In this article, the author addresses the question of what opinion he would have written had he been a justice on the U.S. Supreme Court when the case was decided.

The author indicates he would have concurred in those opinions finding a violation of the Equal Protection Clause of the Fourteenth Amendment in Brown v. Board of Education. The author finds persuasive the argument that any other decision would permit states to evade the core purpose of the Fourteenth Amendment. Nevertheless, …

Sexual Harassment And Expertise: The Admissibility Of Expert Witness Testimony In Cases Utilizing The Reasonable Woman Standard, Jeremy D. Pasternak

Santa Clara Law Review

No abstract provided.

Overcoming "Stigmas": Lesbian And Gay Districts And Black Electoral Empowerment, Darren Rosenblum

Faculty Publications

(Excerpt)

In the United States, historically, members of racial and sexual minority groups have been prevented from effectively participating in governmental decisionmaking because the political districting system denies them adequate representation in the political process. Following the 1990 census, blacks, in particular, saw significant gains in their political representation as a result of redistricting, only to suffer a sharp reduction of their voting rights with the U.S. Supreme Court's decisions in the Shaw and Miller cases. Whereas voting rights litigation once explored ways to prevent minority vote dilution, today's jurisprudence focuses on the ramifications of the "stigma" faced by blacks …

The Maryland Rules Of Evidence - The New Maryland Rules Of Evidence: Survey, Analysis And Critique, Alan D. Hornstein

Maryland Law Review

No abstract provided.