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Articles 1561 - 1590 of 2259
Full-Text Articles in Law
Understanding The New Era In Environmental Law, Adam Babich
Understanding The New Era In Environmental Law, Adam Babich
South Carolina Law Review
No abstract provided.
Advice From Environmental Consultants: How To Achieve Competent, Comprehensive And Understandable Results From Environmental Audits, Gary C. Ribblett, Kris H. Turschmid
Advice From Environmental Consultants: How To Achieve Competent, Comprehensive And Understandable Results From Environmental Audits, Gary C. Ribblett, Kris H. Turschmid
South Carolina Law Review
No abstract provided.
Laying Down The Law In Literature: The Example Of Kleist, J. Hillis Miller
Laying Down The Law In Literature: The Example Of Kleist, J. Hillis Miller
Cardozo Law Review
No abstract provided.
In Re Schildt, 90-Ca-119, 90-Ap-06 (Blkft. Tr. Ct. App., Apr. 3, 1990), Blackfeet Appellate Court
In Re Schildt, 90-Ca-119, 90-Ap-06 (Blkft. Tr. Ct. App., Apr. 3, 1990), Blackfeet Appellate Court
Court Decisions
The Blackfeet Tribal Court of Appeals remanded the case to the trial court for a full hearing because the appellant was not allowed to enter evidence or present witnesses substantiating his claims, in violation of his right to due process.
The Conflict Concerning Expert Witness And Legal Conclusions, Charles W. Ehrhardt
The Conflict Concerning Expert Witness And Legal Conclusions, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
State V. Gremillion: The Constitutional And Evidentiary Elasticity Of The Louisiana Residual Hearsay Exception In Criminal Cases, Jill Thompson Losch
State V. Gremillion: The Constitutional And Evidentiary Elasticity Of The Louisiana Residual Hearsay Exception In Criminal Cases, Jill Thompson Losch
Louisiana Law Review
No abstract provided.
Professor Weinrib's Coherence, Alan Brudner
What Was Discovered In The Quest For Truth?, Steven H. Goldberg
What Was Discovered In The Quest For Truth?, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications
Criminal discovery has outstripped Justice Brennan's claim of "mixed" results. His description of the twenty-five year transformation as merely "rapid" is too modest. From the picture in 1963, which he accurately describes as "quite a bleak one," discovery is, today, de rigueur in criminal cases. There is little to suggest a general reduction of criminal case discovery in the future.
Should A Motion In Limine Or Similar Preliminary Motion Made In The Federal Court System Preserve Error On Appeal Without A Contemporaneous Objection?, Catherine Murr Young
Should A Motion In Limine Or Similar Preliminary Motion Made In The Federal Court System Preserve Error On Appeal Without A Contemporaneous Objection?, Catherine Murr Young
Kentucky Law Journal
No abstract provided.
Hearsay: Part Ii, Paul C. Giannelli
Hearsay: Part Iv, Paul C. Giannelli
Hearsay: Part I, Paul C. Giannelli
Hearsay: Part Iii, Paul C. Giannelli
Evidence, Fifth Circuit Symposium, David A. Schlueter
Evidence, Fifth Circuit Symposium, David A. Schlueter
Faculty Articles
This article reviews decisions by the United States Court of Appeals for the Fifth Circuit on evidence issues and concludes that if an attorney has any hopes of obtaining appellate relief on an evidentiary issue, it is essential that the issues be presented concisely and completely to the trial court. The appellate courts will not reverse an evidentiary ruling of a trial court, even if the trial court has erred. This deference to the trial court is in recognition of the hundreds of rulings on evidence that the trial court must conduct within the course of a trial. In order …
The Existing Confidentiality Privileges As Applied To Rape Victims, Bridget M. Mccafferty
The Existing Confidentiality Privileges As Applied To Rape Victims, Bridget M. Mccafferty
Journal of Law and Health
It is evident that when this type of questioning occurs, the victim must overcome the presumption that she is at fault. As it exists, the prosecution of the rapist also results in the prosecution of the victim. However, it is undeniable that the defendant in a rape case is presumed innocent until a judicial determination states otherwise. A dilemma arises when the court attempts to balance the victim's right to bring the accused to trial and the defendant's right to prove his innocence. Currently, the judicial system favors the presumption of the defendant's innocence, presupposing that the victim has falsely …
The Exclusion Of Evidence In The United States, Paul Marcus
The Exclusion Of Evidence In The United States, Paul Marcus
Faculty Publications
No abstract provided.
Tape Recording Conversations - Is It Ethical For Attorneys?, Charles W. Adams
Tape Recording Conversations - Is It Ethical For Attorneys?, Charles W. Adams
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
The Noseworthy Doctrine: A Threepart Rule For Its Application, Steven D. Jannace
The Noseworthy Doctrine: A Threepart Rule For Its Application, Steven D. Jannace
Touro Law Review
No abstract provided.
Challenging Witness Competency , Michael M. Martin
Challenging Witness Competency , Michael M. Martin
Faculty Scholarship
Despite the modern trend to hear all the evidence, a surprising number of witnesses can still be challenged on competency grounds.
The Right To Evidence, Bennett L. Gershman
The Right To Evidence, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Although its theoretical basis may be disputed, nobody questions the proposition that a person charged with a crime has a constitutional right to present a defense. Presenting a defense naturally requires access to proof. Access includes not only the availability of evidence, but also its permissible use. Consider some examples: A defendant wants to testify, but his lawyer's threats drive him off the stand. A witness who might be expected to give favorable testimony for the defense appears at trial but refuses to testify. A defense witness wants to testify, but because the defendant failed to notify the prosecutor about …
Legal Doctrines Governing The Admissibility Of Expert Testimony Concerning Social Framework Evidence, Robert P. Mosteller
Legal Doctrines Governing The Admissibility Of Expert Testimony Concerning Social Framework Evidence, Robert P. Mosteller
Law and Contemporary Problems
No abstract provided.
Are Juries Competent To Evaluate Statistical Evidence?, William C. Thompson
Are Juries Competent To Evaluate Statistical Evidence?, William C. Thompson
Law and Contemporary Problems
No abstract provided.
Eyewitness Expert Testimony And Jury Decisionmaking, Steven D. Penrod, Brian L. Cutler
Eyewitness Expert Testimony And Jury Decisionmaking, Steven D. Penrod, Brian L. Cutler
Law and Contemporary Problems
No abstract provided.
Juries And Expert Evidence: Social Framework Testimony, Neil J. Vidmar, Regina A. Schuller
Juries And Expert Evidence: Social Framework Testimony, Neil J. Vidmar, Regina A. Schuller
Law and Contemporary Problems
No abstract provided.
Impeachment Of Witnesses: Part Ii, Paul C. Giannelli
Impeachment Of Witnesses: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
Fit To Be Fryed: Frye V. United States And The Admissibility Of Novel Scientific Evidence, John D. Borders Jr.
Fit To Be Fryed: Frye V. United States And The Admissibility Of Novel Scientific Evidence, John D. Borders Jr.
Kentucky Law Journal
No abstract provided.
Expert Witnesses, Paul C. Giannelli
Interference With Prospective Civil Litigation By Spollation Of Evidence: Should Texas Adopt A New Tort., Philip A. Lionberger
Interference With Prospective Civil Litigation By Spollation Of Evidence: Should Texas Adopt A New Tort., Philip A. Lionberger
St. Mary's Law Journal
Texas courts should adopt a tort for spoliation of evidence. Spoliation of evidence is the tampering with, interference with, loss of, or destruction of evidence. Spoliation of evidence is a serious legal problem because it increases a litigant’s difficulty in proving a cause of action or a defense. Evidence destruction may also increase litigation costs and cause the trial court to make factfinding errors. Texas courts should adopt the tort of spoliation of evidence because it compensates injured litigants and deters future acts of spoliation. Another reason for adopting the tort for spoliation of evidence is the inadequacy of alternative …
State V. Jones: Maryland's Flexible Present Sense Impression Exception, Judith Lynn Schlossberg
State V. Jones: Maryland's Flexible Present Sense Impression Exception, Judith Lynn Schlossberg
Maryland Law Review
No abstract provided.