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Articles 1771 - 1800 of 2259
Full-Text Articles in Law
The Proposed Ohio Rules Of Evidence: The Case Against, Richard S. Walinski, Howard Abramoff
The Proposed Ohio Rules Of Evidence: The Case Against, Richard S. Walinski, Howard Abramoff
Case Western Reserve Law Review
No abstract provided.
The Proposed Ohio Rules Of Evidence: The General Assembly, Evidence, And Rulemaking, Paul C. Giannelli
The Proposed Ohio Rules Of Evidence: The General Assembly, Evidence, And Rulemaking, Paul C. Giannelli
Case Western Reserve Law Review
No abstract provided.
Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar
Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar
Articles
On Christmas Eve, 1968, a ten-year-old girl, Pamela Powers, disappeared while with her family in Des Moines, Iowa.2 Defendant Williams, an escapee from a mental institution and a deeply religious person, 3 was suspected of murdering her, and a warrant was issued for his arrest.4 Williams telephoned a Des Moines lawyer, McKnight, and on his advice surrendered himself to the Davenport, Iowa, police.5 Captain Learning and another Des Moines police officer arranged to drive the 160 miles to Davenport, pick up Williams, and return him directly to Des Moines. 6 Both the trial court 7 and the federal district court8 …
Kentucky Law Survey: Evidence, Robert G. Lawson
Kentucky Law Survey: Evidence, Robert G. Lawson
Law Faculty Scholarly Articles
This article is a survey of Kentucky law on evidence. Almost as often as not the government's case in criminal litigation will contain evidence indicating that the accused committed some offense other than the one for which he is being tried. Consequently a set of rules to control the use of evidence of "other crimes" has evolved. In most jurisdictions it consists of a single rule that prohibits the use of such evidence against a defendant along with a group of exceptions that virtually engulfs the prohibition against admissibility. Kentucky law is so structured. As all lawyers who engage in …
The Trade Act Of 1974 Revisited: The Need For Further Reform, Scott C. Whitney
The Trade Act Of 1974 Revisited: The Need For Further Reform, Scott C. Whitney
Faculty Publications
Approximately four months after President Ford signed into law the Trade Act of 1974,1 the first petition for import relief was filed invoking the "liberalized" provisions of Title II.2 In the three years since the effective date of the 1974 Act, the United States International Trade Commission (ITC) has instituted investigations concerning a wide variety of commodities. 3 Nonetheless, even though Congress by enacting the 1974 Act intended to minimize the President's control over trade policy and to make import relief more accessible to both industry and labor, the lTC's recommendations have rarely been followed. This article will analyze the …
Conditional Liberation (Parole) In France, Christopher L. Blakesley
Conditional Liberation (Parole) In France, Christopher L. Blakesley
Scholarly Works
Anglo-American parole owes its theoretical development and its early systematization, indeed its very existence, to France. It has been said that France has the genius of invention, but that too often the great ideas born in France are neglected there to find their baptism of success in other countries. This remark characterizes the history of the parole concept in France. Yet, the latest innovations being developed in France portend new possibilities for success in the rehabilitation of convicts. This section will trace briefly the history of conditional liberation the French counterpart of Anglo-American parole, and describe the development of the …
Obiter Dictum (Spring, 1977), Obiter Dictum
Replacing The Exclusionary Rule With Administrative Rulemaking, Francis A. Gilligan, Fredric I. Lederer
Replacing The Exclusionary Rule With Administrative Rulemaking, Francis A. Gilligan, Fredric I. Lederer
Faculty Publications
No abstract provided.
Diminished Capacity-Recent Decisions And An Analytical Approach, Robert P. Bryant, Corbin B. Hume
Diminished Capacity-Recent Decisions And An Analytical Approach, Robert P. Bryant, Corbin B. Hume
Vanderbilt Law Review
The concept of diminished capacity allows a defendant in a criminal case to prove, usually by presenting psychiatrists who testify that he suffered from an abnormal mental condition, that he was unable to entertain the particular mens rea required for conviction.' Although courts historically have been reluctant to admit such testimony, in recent years a growing number of jurisdictions have recognized the concept of diminished capacity. Recent decisions in Pennsylvania, the District of Columbia, and North Carolina, as well as recently adopted statutes in ten other jurisdictions,illustrate the evidentiary, social, and constitutional issues raised by the concept of diminished capacity. …
Recent Maryland Decisions, Jack Elsby, Jerry Fenzel, Milton Baxley, John M. Crabbs
Recent Maryland Decisions, Jack Elsby, Jerry Fenzel, Milton Baxley, John M. Crabbs
University of Baltimore Law Forum
No abstract provided.
The Kentucky Rape Shield Law: One Step Too Far, Jennifer Burcham Coffman
The Kentucky Rape Shield Law: One Step Too Far, Jennifer Burcham Coffman
Kentucky Law Journal
No abstract provided.
Administrative Law, Margaret Elizabeth Chastain
Administrative Law, Margaret Elizabeth Chastain
South Carolina Law Review
No abstract provided.
Constitutional Law, Paul E. Tinkler
Torts, Albert N. Wergley
Evidence, Carl H. Jacobsen
The Second Circuit And The Federal Rules Of Evidence, Paul F. Rothstein
The Second Circuit And The Federal Rules Of Evidence, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
The most significant development in federal trial procedure in recent years has been the enactment of the Federal Rules of Evidence, effective July 1, 1975. In the intervening two years since the Rules became effective, the courts of the Second Circuit have bad occasion to make several illuminating applications of and references to them.
An examination of some of these decisions provides insight into the kinds of questions that are coming up not only in the Second Circuit, but around the country, and the kinds of answers that are being given. It is not the bizarre or unusual case that …
Proffitt V. State, 315 So. 2d 461 (Fla. 1975), Elaine Kay Freemyer
Proffitt V. State, 315 So. 2d 461 (Fla. 1975), Elaine Kay Freemyer
Florida State University Law Review
Evidence- HUSBAND-WIFE PRIVILEGE- TESTIMONY OF THIRD PARTY EAVESDROPPER CONCERNING PRIVILEGED COMMUNICATION ADMISSIBLE WHERE PRIVILEGED PARTY KNOWS OR HAS REASON TO KNOW OF EAVESDROPPER'S PRESENCE.
Evidence, David Rosenblum
Workmen's Compensation - Evidence - Opinion Of Non-Treating Psychiatrist Based On Claimant's Statements Held Inadmissible - Candella V. Subsequent Injury Fund, Kevin F. O'Neill
Workmen's Compensation - Evidence - Opinion Of Non-Treating Psychiatrist Based On Claimant's Statements Held Inadmissible - Candella V. Subsequent Injury Fund, Kevin F. O'Neill
Law Faculty Articles and Essays
Discusses evidentiary requirements in Workers' Compensation cases and circuit court review of Workers' Compensation Commission decisions.
"A Most Deplorable Paradox": Admitting Illegally Obtained Evidence In Georgia--Past, Present, And Future, Donald E. Wilkes Jr.
"A Most Deplorable Paradox": Admitting Illegally Obtained Evidence In Georgia--Past, Present, And Future, Donald E. Wilkes Jr.
Scholarly Works
This Article explores the admissibility of illegally obtained evidence in Georgia criminal cases prior to 1961 and during the post-Mapp era and endeavors to assess the future admissibility of illegally seized evidence in Georgia under both federal and state law.
Evidence Of Other Criminal Acts In South Carolina, Walter A. Reiser Jr.
Evidence Of Other Criminal Acts In South Carolina, Walter A. Reiser Jr.
South Carolina Law Review
No abstract provided.
Technical And Scientific Evidence In Administrative Adjudication, Scott C. Whitney
Technical And Scientific Evidence In Administrative Adjudication, Scott C. Whitney
Faculty Publications
No abstract provided.
Impeaching A Defendant's Testimony By Proof Of Post-Arrest Silence: Doyle V. Ohio, F. Ronald O'Keefe
Impeaching A Defendant's Testimony By Proof Of Post-Arrest Silence: Doyle V. Ohio, F. Ronald O'Keefe
Cleveland State Law Review
This Note will attempt to outline the genesis of the issue of impeachment by post-arrest silence by first discussing the various inquiries into the probative value of silence which had been undertaken by courts on the federal level before Hale (United States v. Hale, 422 U.S. 171 (1975)) . The focus will then shift to the Hale Court's treatment of this issue. The constitutional aspects of the issue will then be discussed, and the pronouncement of the Doyle Court (Doyle v. Ohio, 96 S. Ct. 2240 (1976)) will be analyzed with an emphasis on the continuity between the Hale and …
The History Of Pennsylvania's Juvenile Instituions: A Sesquicentennial Review, Leonard Packel
The History Of Pennsylvania's Juvenile Instituions: A Sesquicentennial Review, Leonard Packel
Villanova Law Review (1956 - )
No abstract provided.
Determining Relevancy: Article Iv Of The Federal Rules Of Evidence, William G. Conly
Determining Relevancy: Article Iv Of The Federal Rules Of Evidence, William G. Conly
Louisiana Law Review
No abstract provided.
Authentication, Identification, And The Best Evidence Rule, Nicholas F. Larocca Jr.
Authentication, Identification, And The Best Evidence Rule, Nicholas F. Larocca Jr.
Louisiana Law Review
No abstract provided.
Foreword, George W. Pugh
Introduction, Robert Van Pelt
Article Vi Of The Federal Rules Of Evidence: Witnesses, Robert W. Booksh Jr.
Article Vi Of The Federal Rules Of Evidence: Witnesses, Robert W. Booksh Jr.
Louisiana Law Review
No abstract provided.
Opinion And Expert Evidence Under The Federal Rules, Herman Edgar Garner Jr.
Opinion And Expert Evidence Under The Federal Rules, Herman Edgar Garner Jr.
Louisiana Law Review
No abstract provided.