Law Commons^™

Evidence, Patricia L. Rush

West Virginia Law Review

No abstract provided.

Eyewitness Identifications And Expert Testimony, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Validity Of Tests: Caveant Omnes, David H. Kaye

Faculty Scholarship

A great debate swirls about the use of polygraph tests in criminal cases. Similar concerns about individual privacy and freedom arise with proposals and projects involving widespread testing of government employees for drugs and deception. Required diagnostic testing for certain diseases - most notoriously, for AIDS - raises similar concerns. Incorrect conclusions about who has taken illicit drugs, who has AIDS, and who is lying can be devastating. Yet, perfect knowledge is unattainable. Errors are inevitable. Questions of what the tendency is for these tests to err, which measures are appropriate for deciding whether to use a screening test, and …

Evidentiary Use Of Other Crime Evidence: A Survey Of Recent Trends In Criminal Procedure, Susan Stuart

Law Faculty Publications

No abstract provided.

“Syndrome” Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

Implied Hearsay: Defusing The Battle Line Between Pragmatism And Theory, Ronald J. Bacigal

Law Faculty Publications

A return to the emotionally neutral fundamentals of the hearsay rule presents the clash between pragmatists and academicians in a setting which is free of the value laden considerations surrounding child abuse cases. This clash arises at the most fundamental level, that of defining hearsay. Many academicians favor a definition of hearsay as evidence whose reliability depends upon the veracity of someone not subject to cross-examination. Pragmatists (particularly trial lawyers) often find this formulation awkward and prefer a concise definition of hearsay as an out-of-court statement offered for the truth of the contents. The choice of definitions can make a …

Media Access To Tape-Recorded Evidence In Criminal Trials, Lisa Kahaty Starczewski

Villanova Law Review (1956 - )

No abstract provided.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Secretary of Transportation's Order Issued Pursuant to Anti-Apartheid Act, which immediately revoked South-African airways right to serve United States Airports, Upheld Notwithstanding possible violation of prior Executive Agreement--South African Airways v. Dole, 817 F.2d 119 (D.C.Cir. 1987).

IN TRANSNATIONAL LITIGATION, HAGUE EVIDENCE CONVENTION IS NOT MANDATORY, EXCLUSIVE, OR PROCEDURE OF FIRST RESORT, BUT UNITED STATES COURT MAY RESORT TO CONVENTION'S DISCOVERY PROCEDURES To SUPPLEMENT FEDERAL DISCOVERY RULES WHEN CIRCUMSTANCES WARRANT --Societe Nationale Industrielle Aerospatiale v. United States District Court for the Southern District of Iowa, 107 S. Ct. 2542 (1987).

Two YEAR PROCESSING DELAY OF APPLICATION FOR ADJUSTMENT OF IMMIGRATION …

Evidence: The Exclusionary Rule In Civil Administrative Hearings: Turner V. City Of Lawton, Scott Meacham

Oklahoma Law Review

No abstract provided.

Evidence, Alec Bramlett, John S. Simmons

South Carolina Law Review

No abstract provided.

On The Exclusivity Of The Hague Evidence Convention, John M. Rogers

Law Faculty Scholarly Articles

As the world grows smaller and nations become more interdependent, the likelihood that litigation will involve foreign property, parties, or activities increases tremendously. To prepare and conduct such litigation, the lawyer may need to obtain information "located" in a foreign jurisdiction: a person located abroad may know the information; documents located abroad may contain the information; or the information may describe conditions or property located abroad. The question of when relatively burdensome, internationally-approved methods of obtaining such information must be used thus becomes more and more important.

Consider a product liability suit for damages in the United States arising from …

The Trouble With Statistical Evidence, Richard Schmalbeck

Law and Contemporary Problems

No abstract provided.

Evidence Hearsay: Sexually Abused Children, Georgia State University Law Review

Georgia State University Law Review

The Act adds an exception to the hearsay rule to allow testimony of a third party concerning statements made by a sexually or physically abused child under age fourteen. The child must be available to testify and the court must find sufficient indications of the statement's reliability.

Scientific Issues And The Function Of Hearing Procedures: Evaluating The Fda’S Public Board Of Inquiry, Sidney A. Shapiro

Duke Law Journal

No abstract provided.

Policing The Bases Of Modern Expert Testimony, Ronald L. Carlson

Scholarly Works

The expanding array of scientific (as well as some not-so-scientific) specialties available as sources for testimony raises hard questions. Will courts require that the witness' opinions be reasonably based upon trustworthy data? How far must judges inquire into the practice of other experts in the same field prior to allowing the trial witness to proffer an expert opinion? How much of the expert's supporting data will be received in evidence? This Essay addresses these and other important questions affecting the scope of modern expert testimony.

Torts Notice: Libel Actions: Retraction, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.

Survey: Evidence, Mark M. Dobson, Randolph Braccialarghe

Nova Law Review

Twenty-one years ago Chief Justice Earl Warren appointed an advisory

committee to propose evidentiary rules for the federal courts,

thus beginning a movement which has worked a minor revolution in

substantive evidence law.

Evidence, Frank Venezia

West Virginia Law Review

No abstract provided.

Selected Issues Under The New Rules Of Civil Procedure, James F. Flanagan, Frank K. Sloan

South Carolina Law Review

No abstract provided.

Dismantling The Exclusionary Rule: United States V. Leon And The Courts Of Washington—Should Good Faith Excuse Bad Acts?, Catherine Cruikshank

Seattle University Law Review

This Note will review briefly the history of the exclusionary rule under fourth amendment jurisprudence, with special emphasis given to the purposes the rule has traditionally been thought to serve. The significance of the Leon decision then will be examined in light of the emergence in Washington of an interpretation of article I, section 7 that diverges from the Supreme Court's interpretations of the fourth amendment. This Note will conclude by discussing how article I, section 7 continues to embody the several purposes traditionally served by the exclusionary rule.

Criminal Law - Discovery - Test For Materiality Of Undisclosed Impeachment Evidence, Robert E. Schwartz

Villanova Law Review (1956 - )

No abstract provided.

Bite Mark Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Subversion Of The Hearsay Rule: The Residual Hearsay Exceptions, Circumstantial Guarantees Of Trustworthiness, And Grand Jury Testimony, Randolph N. Jonakait

Case Western Reserve Law Review

No abstract provided.

Litigating A Novel Course And Scope Of Employment Issue: Ina Of Texas V. Bryant, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.

Do We Need A Calculus Of Weight To Understand Proof Beyond A Reasonable Doubt?, David H. Kaye

Faculty Scholarship

The commentary on a paper by L.J. Cohen, prepared for a symposium on probability and inference in the law of evidence, shows that the legal requirement of proof beyond a reasonable doubt can be understood simply as demanding a sufficiently high probability that the prosecution's narrative or story of the facts, which captures all the elements of the offense, is true. No separate measure of the "weight" of the totality of the evidence is required to understand the burden of persuasion. Any incompleteness in the evidence can be accounted for by a conditional probability that includes the presence of any …

Implied Hearsay, Ronald J. Bacigal

Law Faculty Publications

Lawyers sometimes exaggerate the significance of a single sentence or footnote in a court opinion. At other times a single phrase may turn out to be a time bomb which subsequently explodes with far reaching result:i. Court watchers thus spend considerable time trying to discern what is implied within the literal language of a court's opinion. It is no small irony that one of the latest implications in a Virginia Supreme Court decision relates to the implications contained within an out-of-court statement that cannot be literally defined as hearsay. A modification of the hearsay rule, or at least the hearsay …

Determination Of The Wishes Of The Majority Of The Employees In The Appropriate Bargaining Unit, Innis Christie

Innis Christie Collection

The notion that the wishes of employees with respect to certification should be ascertained primarily through a secret ballot vote hardly originated in Nova Scotia, having been adopted by the U.S. Wagner Act when it was first enacted. However, in the 1950's and 60's Canadian labour policy makers generally moved their labour legislation in the direction of enhancing the importance of "evidence" of union membership as the basis for certification, relegating the vote to secondary status, to be used only where the other evidence did not indicate clear majority support for the union or where employee petitions indicated a change …

Discovery Against The Defense: Tilting The Adversarial Balance, Robert P. Mosteller

Faculty Publications

No abstract provided.

Extraterritorial Discovery: Cooperation, Coercion And The Hague Evidence Convention, Harold G. Maier

Vanderbilt Journal of Transnational Law

This Article reviews the most recent case law on this issue and examines the results of those cases in the light of existing principles of comity and of the newly promulgated Restatement of Foreign Relations Law of the United States (Revised). The analysis focuses on three important appellate court decisions, all of which are or have been before the United States Supreme Court, and examines the contents and origins of the United States Government's position on these issues as found in amicus briefs submitted in these cases. The article concludes with an evaluation of the dilemma evidenced by the need …

An Introduction To Trial Law, J. Alexander Tanford

Articles by Maurer Faculty

No abstract provided.