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Articles 1681 - 1710 of 2259
Full-Text Articles in Law
Obtaining Evidence Abroad, Harry J. O'Kane
Obtaining Evidence Abroad, Harry J. O'Kane
Vanderbilt Journal of Transnational Law
This talk will avoid a discussion of whatever problems exist in true international litigation. True international litigation may be defined as that body of law devoted to disputes between nations and governmental bodies which are addressed in nonterritorial world courts or those courts accepting the disputes under their own system of jurisprudence. My remarks will focus on the problems in obtaining evidence in a country other than the United States for use in a suit within the United States. A tabular listing of information relating to what can and cannot be accomplished in the way of obtaining evidence in various …
Evidence: Survey Of Recent Developments In Indiana Law, J. Alexander Tanford
Evidence: Survey Of Recent Developments In Indiana Law, J. Alexander Tanford
Articles by Maurer Faculty
With rare exceptions, Indiana evidence law progresses slowly and holds closely to the traditional concepts of the common law. This Survey Article collects the several important cases decided during the past year that continue this development of Indiana's common law of evidence. A general word of caution is in order concerning the Indiana appellate courts' evidence cases. Most evidence issues arise in criminal cases, in which convicted defendants allege error in the admission of evidence against them or in the exclusion of evidence offered in their defense. A ruling in favor of the defendant could result in the reversal of …
Commissioning Morallity: An Introduction To The Symposium, Alan J. Weisbard, John D. Arras
Commissioning Morallity: An Introduction To The Symposium, Alan J. Weisbard, John D. Arras
Cardozo Law Review
No abstract provided.
United States V. Leon, Lewis F. Powell Jr.
United States V. Leon, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Bose Corp. V. Consumers Union Of United States, Inc., Lewis F. Powell Jr.
Bose Corp. V. Consumers Union Of United States, Inc., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Berkemer V. Mccarty, Lewis F. Powell Jr.
Berkemer V. Mccarty, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Statistical Significance And The Burden Of Persuasion, David H. Kaye
Statistical Significance And The Burden Of Persuasion, David H. Kaye
Law and Contemporary Problems
No abstract provided.
Integrating Statistical Evidence And Legal Theory To Challenge The Selection Of Grand And Petit Jurors, Sara Sun Beale
Integrating Statistical Evidence And Legal Theory To Challenge The Selection Of Grand And Petit Jurors, Sara Sun Beale
Law and Contemporary Problems
No abstract provided.
Evidentiary Issues, John M. Purcell
Evidence - Incidents Of Shoplifting Not Probative Of Truthfulness Under Rule 608(B), Shelly Kim Kritz
Evidence - Incidents Of Shoplifting Not Probative Of Truthfulness Under Rule 608(B), Shelly Kim Kritz
University of Arkansas at Little Rock Law Review
No abstract provided.
Evidence: Making The Record, Margaret G. Stewart
Evidence: Making The Record, Margaret G. Stewart
All Faculty Scholarship
No abstract provided.
Hypnotic Evidence, Paul C. Giannelli
Admissibility Of Illegally Seized Evidence In Subsequent Civil Proceedings: Focusing On Motive To Determine Deterrence, Christine L. Andreoli
Admissibility Of Illegally Seized Evidence In Subsequent Civil Proceedings: Focusing On Motive To Determine Deterrence, Christine L. Andreoli
Fordham Law Review
No abstract provided.
Discovery Of Government Attorney Work Product Under The Foia, Richard Allen Vance
Discovery Of Government Attorney Work Product Under The Foia, Richard Allen Vance
Kentucky Law Journal
No abstract provided.
When Death Is The Issue: Uses Of Pathological Testimony And Autopsy Reports At Trial, J. Thomas Sullivan
When Death Is The Issue: Uses Of Pathological Testimony And Autopsy Reports At Trial, J. Thomas Sullivan
Law Faculty Scholarship
No abstract provided.
Admission Of An Unavailable Witness’ Grand Jury Testimony: Can It Be Justified?, Judd Burstein
Admission Of An Unavailable Witness’ Grand Jury Testimony: Can It Be Justified?, Judd Burstein
Cardozo Law Review
No abstract provided.
The Confidential Communication Element Of The Attorney-Client Privilege, Gerald Sobel
The Confidential Communication Element Of The Attorney-Client Privilege, Gerald Sobel
Cardozo Law Review
No abstract provided.
Kentucky Law Survey: Evidence, Richard H. Underwood
Kentucky Law Survey: Evidence, Richard H. Underwood
Law Faculty Scholarly Articles
Kentucky courts faced a number of significant issues in evidence law during the Survey period. Several decisions dealt with character evidence and problems arising from the admission of evidence of prior criminal acts of the accused, either as substantive evidence or for impeachment. This Survey will highlight these cases and to a lesser degree discuss cases on hearsay admissions, opinion, the Kentucky Dead Man Statute and privilege, which also were decided during the Survey period.
Statistics In The Potential Problems In The Presentation Of Statistical Evidence
Statistics In The Potential Problems In The Presentation Of Statistical Evidence
Washington and Lee Law Review
No abstract provided.
The Hearsay Exception For Public Records In Federal Criminal Trials, Vincent C. Alexander
The Hearsay Exception For Public Records In Federal Criminal Trials, Vincent C. Alexander
Faculty Publications
The hearsay exception for "public records" was recognized at common law and has been further developed in most jurisdictions by statute. The reliability of public records is said to derive from the presumption of regularity and accuracy that attends the recording of events by public officials. As with the hearsay exception for recordsmade in the regular course of a private business, the reliability of many public records is enhanced by the routine and repetitive circumstancesunder which such records are made. An additional justificationfor the admission of public records is public convenience: If government employees are continually required to testify in …
California's Dormant Hearsay Exception: Section 1200(B) Of The Evidence Code, Kandis Scott
California's Dormant Hearsay Exception: Section 1200(B) Of The Evidence Code, Kandis Scott
Santa Clara Law Review
No abstract provided.
The Procurement And Presentation Of Evidence In Courts-Martial: Compulsory Process And Confrontation, Fredric I. Lederer, Francis A. Gilligan
The Procurement And Presentation Of Evidence In Courts-Martial: Compulsory Process And Confrontation, Fredric I. Lederer, Francis A. Gilligan
Faculty Publications
Although pretrial litigation often seems to render trial on the merits something of an anti-climax, adversarial adjudication is of course the focus of the criminal justice system, military or civilian. Once trial on the merits has begun, trial and defense counsel naturally utilize the rules of evidence in the fashion most likely to make the most of the evidence available to them. Yet, as all lawyers are aware, the period since the enactment of the Uniform Code of Military Justice has brought sweeping changes not only in military criminal law, but also in the "constitutionalization" of the law of evidence. …
Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle
Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
The Exclusionary Rule In Germany, Craig M. Bradley
The Exclusionary Rule In Germany, Craig M. Bradley
Articles by Maurer Faculty
The exclusionary rule that the Supreme Court has fashioned to suppress evidence obtained unconstitutionally is directed at least in part toward deterring police conduct that violates constitutional norms. Since the inception of the rule, the value and efficacy of a prescript that excludes otherwise relevant and probative evidence in a factfinding proceeding has been a subject of heated debate. In this Article, Professor Bradley examines the rather different exclusionary rules used in Germany. He argues that a comparison of exclusionary rules in Germany and the United States suggests that a number of different policies of a criminal justice system could …
Burdens Of Proof: Degrees Of Belief, Quanta Of Evidence, Or Constitutional Guarantees?, C.M.A. Mccauliff
Burdens Of Proof: Degrees Of Belief, Quanta Of Evidence, Or Constitutional Guarantees?, C.M.A. Mccauliff
Vanderbilt Law Review
This Article analyzes the whole range of burdens of proof as well as their constitutional implications. Part H of the Article discusses the traditional burdens of proof and the use of probability theory in legal fact finding. Part HI of the Article studies the decision making processes of law enforcement officers, the judges that review their decisions, and the decision making processes in appellate and administrative review. Part IV of the Article returns to the trial process and analyzes burdens of proof, not as degrees of belief, but as reflections of constitutional due process that mandate a required degree of …
Evidence, Danny H. Mullis, Suzanne Hulst Clawson, John R. Devlin Jr.
Evidence, Danny H. Mullis, Suzanne Hulst Clawson, John R. Devlin Jr.
South Carolina Law Review
No abstract provided.
The Acquisition Of Evidence For Criminal Prosecution: Some Constitutional Premises And Practices In Transition, H. Richard Uviller
The Acquisition Of Evidence For Criminal Prosecution: Some Constitutional Premises And Practices In Transition, H. Richard Uviller
Vanderbilt Law Review
This Article isolates only two of the many aspects of the Court's labors affecting the acquisition of evidence for criminal prosecution. The first concerns the allocation of primacy among the values that the exclusionary response to the illegal acquisition of evidence serves: a theoretical choice that may carry some notable practical consequences. The second requires are examination of the role of the trial court in supervising the preaccusatory search for evidence in a way that suggests the possible obsolescence of the Supreme Court's ruling credo in the Stewart era.
Day-In-The-Life Films: The Celluloid Witness Comes To The Aid Of The Plaintiff, James A. Merritt Jr.
Day-In-The-Life Films: The Celluloid Witness Comes To The Aid Of The Plaintiff, James A. Merritt Jr.
South Carolina Law Review
No abstract provided.
A Judicial Perspective On Opinion Evidence Under The Federal Rules, George C. Pratt
A Judicial Perspective On Opinion Evidence Under The Federal Rules, George C. Pratt
Washington and Lee Law Review
No abstract provided.
Telescopes Binoculars And The Fourth Amendment, Lawrence Kaiser Marks
Telescopes Binoculars And The Fourth Amendment, Lawrence Kaiser Marks
Cornell Law Review
No abstract provided.