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Articles 1471 - 1500 of 2259
Full-Text Articles in Law
Evidence, Steven M. Pruitt, Steven E. Williford, Simpson Z. Fant
Evidence, Steven M. Pruitt, Steven E. Williford, Simpson Z. Fant
South Carolina Law Review
No abstract provided.
Hearsay From A Layperson, David A. Schum
Infinite Strands, Infinitesimally Thin: Storytelling, Bayesianism, Hearsay And Other Evidence, Richard D. Friedman
Infinite Strands, Infinitesimally Thin: Storytelling, Bayesianism, Hearsay And Other Evidence, Richard D. Friedman
Cardozo Law Review
No abstract provided.
A Response To The “Probative Value” Theory Of Hearsay Suggested By Hearsay From A Layperson, Eleanor Swift
A Response To The “Probative Value” Theory Of Hearsay Suggested By Hearsay From A Layperson, Eleanor Swift
Cardozo Law Review
No abstract provided.
Stories Versus Theories At The Cardozo Evidence Conference: It’S Just Another Metaphor To Me, L. H. Larue
Stories Versus Theories At The Cardozo Evidence Conference: It’S Just Another Metaphor To Me, L. H. Larue
Cardozo Law Review
Cardozo Law School was host to an evidence conference on March 24-26, 1991. The papers have been published, so the conference has been duly memorialized. However, the conference had a "subtext" that differed from the "text," that is, the theme of the conference, judging from the hallway gossip, differed from the officially proclaimed theme; if one reads the published text carefully, one can see the subtext within the text, the unofficial theme alongside the official theme. I asked the editors of this Review to let me record my evaluation of the unofficial theme, so that it may have equal status …
In Support Of Huber, Jon F. Merz
In Support Of Huber, Jon F. Merz
RISK: Health, Safety & Environment (1990-2002)
The author takes exception to two recent reviews of GALILEO'S REVENGE.
The Worst Evidence Principle: The Best Hypothesis As To The Logical Structure Of Evidence Law, Edward J. Imwinkelried
The Worst Evidence Principle: The Best Hypothesis As To The Logical Structure Of Evidence Law, Edward J. Imwinkelried
University of Miami Law Review
No abstract provided.
Experts As Hearsay Conduits: Confrontation Abuses In Opinion Testimony, Ronald L. Carlson
Experts As Hearsay Conduits: Confrontation Abuses In Opinion Testimony, Ronald L. Carlson
Scholarly Works
The dispute over whether litigants may use experts to run unexamined hearsay into the trial record is a microcosm of a larger debate. The larger question is whether judicial review of expert testimony should be passive, or whether the expert witness process should be marked by active judicial policing. Does the plethora of expert opinions presently being offered in modern trials merit special scrutiny by the courts?
Some scholars urge that courts must accommodate experts. Proponents of this view favor few challenges to the unrestricted rendition of opinions by an expert, whether the expert is real or self-proclaimed. Under this …
Criminal Procedure Trial: Amend Provisions Relating To Closed Circuit Television Testimony Of Child Victims Of Certain Sexual Offenses, Jill M. Wood
Georgia State University Law Review
The Act provides that a child victim of rape, sodomy, child molestation, cruelty to children, or sexual assault may testify out of court, and such testimony will be broadcast in the courtroom by way of closed circuit television. During testimony, only the judge, attorneys, camera operators, and a representative of the child may be in the room with the child. The Act does not prohibit the presence of both the child and the defendant in the courtroom at the same time for the purpose of identification.
"Other Acts” & Character Evidence: Part I, Paul C. Giannelli
"Other Acts” & Character Evidence: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
Progress Is Our Only Product: Legal Reform And The Codification Of Evidence, Michael S. Ariens
Progress Is Our Only Product: Legal Reform And The Codification Of Evidence, Michael S. Ariens
Faculty Articles
Twentieth century reform of the American law of evidence was initially premised on the ideals of legal progressivism, ideals splintered by American legal realism. In preparing the American Law Institute's Model Code of Evidence from 1939 to 1942, Harvard Law School professor Edmund M. Morgan attempted to reconstitute the framework of reform in light of the challenge of legal realism. The Model Code was based on granting greater discretion to the trial judge and changing the goals of the trial from a search for truth to a "rational" resolution of disputes.
Morgan’s decision to emphasize the rational resolution of disputes …
Helpful Or Reasonably Reliable Analyzing The Expert Witness’S Methodology Under Federal Rules Of Evidence 702 And 703, Michael C. Mccarthy
Helpful Or Reasonably Reliable Analyzing The Expert Witness’S Methodology Under Federal Rules Of Evidence 702 And 703, Michael C. Mccarthy
Cornell Law Review
No abstract provided.
"Other Acts” & Character Evidence: Part Ii, Paul C. Giannelli
"Other Acts” & Character Evidence: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Admissibility Of Expert Testimony In Brainwashing-Related Cases - Should Witnesses Be Fryed?, Virginia M. Fournier
The Admissibility Of Expert Testimony In Brainwashing-Related Cases - Should Witnesses Be Fryed?, Virginia M. Fournier
Santa Clara Law Review
No abstract provided.
Book Review Of Litigation Services Directory, James S. Heller
Book Review Of Litigation Services Directory, James S. Heller
Library Staff Publications
No abstract provided.
Scientific Evidence In Criminal Prosecutions, Paul C. Giannelli
Scientific Evidence In Criminal Prosecutions, Paul C. Giannelli
Faculty Publications
No abstract provided.
Setting Standards For The Use Of Dna-Typing Results In The Courtroom — The State Of The Art, George J. Annas
Setting Standards For The Use Of Dna-Typing Results In The Courtroom — The State Of The Art, George J. Annas
Faculty Scholarship
DNA typing, sometimes called DNA fingerprinting or profiling, has been the focus of heated exchanges in courtrooms, the popular press, and scientific journals. It is a powerful law-enforcement weapon, especially in cases of rape, because it has the potential to exonerate a suspect or to place him at the scene of a crime. On the other hand, it is of no use in rape cases like those in which William Kennedy Smith and Mike Tyson were accused, in which coitus is conceded to have occurred and the only real issue is consent. When should judges permit evidence from DNA typing …
Biased Evidence Rules: A Framework For Judicial Analysis And Reform, Randolph N. Jonakait
Biased Evidence Rules: A Framework For Judicial Analysis And Reform, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
The Rationalist Tradition At Trial, James L. Kainen
The Rationalist Tradition At Trial, James L. Kainen
Fordham Law Review
Analysis of Evidence: How to Do Things With Facts Based On Wigmore's Science of Judicial Proof, By Terrence Anderson and William Twining (with an Appendix on Probablity and Proof by Philip Dawid). Little, Brown and Company, and London: George Weidenfeld and Nicolson, Ltd., 1991. Pp. 457. $22.00. (Teacher's Manual. Pp. 181)
Making The Law Of Factual Determinations Matter More, Randolph N. Jonakait
Making The Law Of Factual Determinations Matter More, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.
Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.
Touro Law Review
No abstract provided.
Protective Sweep Incident To A Lawful Arrest: An Analysis Of Its Validity Under The Federal And New York State Constitution, Steven M. Fox
Protective Sweep Incident To A Lawful Arrest: An Analysis Of Its Validity Under The Federal And New York State Constitution, Steven M. Fox
Touro Law Review
No abstract provided.
Child Abuse Reporting Laws And Attorney-Client Confidences: The Reality And The Specter Of Lawyer As Informant, Robert P. Mosteller
Child Abuse Reporting Laws And Attorney-Client Confidences: The Reality And The Specter Of Lawyer As Informant, Robert P. Mosteller
Faculty Publications
No abstract provided.
Evaluating And Admitting Expert Opinion Testimony In Child Sexual Abuse Prosecutions, Diana Younts
Evaluating And Admitting Expert Opinion Testimony In Child Sexual Abuse Prosecutions, Diana Younts
Duke Law Journal
No abstract provided.