Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Evidence (1365)
- Criminal Law (465)
- Criminal Procedure (351)
- Constitutional Law (260)
- Courts (168)
-
- Litigation (159)
- Civil Procedure (90)
- Law and Society (85)
- State and Local Government Law (82)
- Jurisprudence (80)
- Judges (77)
- Law Enforcement and Corrections (75)
- Science and Technology Law (71)
- Fourth Amendment (69)
- Torts (69)
- Social and Behavioral Sciences (67)
- Legal Ethics and Professional Responsibility (62)
- Supreme Court of the United States (62)
- Civil Rights and Discrimination (56)
- Legal Profession (54)
- Legal Education (50)
- Legal History (47)
- Civil Law (43)
- International Law (43)
- Legislation (40)
- Administrative Law (39)
- Health Law and Policy (37)
- Comparative and Foreign Law (36)
- Labor and Employment Law (36)
- Institution
-
- West Virginia University (118)
- University of South Carolina (112)
- Vanderbilt University Law School (109)
- Touro University Jacob D. Fuchsberg Law Center (108)
- Fordham Law School (103)
-
- Yeshiva University, Cardozo School of Law (98)
- William & Mary Law School (78)
- Case Western Reserve University School of Law (76)
- Maurer School of Law: Indiana University (74)
- Duke Law (71)
- Villanova University Charles Widger School of Law (63)
- Washington and Lee University School of Law (56)
- Pepperdine University (54)
- University of Maryland Francis King Carey School of Law (51)
- BLR (44)
- University of Kentucky (41)
- University of Michigan Law School (41)
- American University Washington College of Law (39)
- Schulich School of Law, Dalhousie University (36)
- University of Georgia School of Law (33)
- University of Miami Law School (30)
- University of Richmond (30)
- Boston University School of Law (28)
- University of Baltimore Law (28)
- Louisiana State University Law Center (27)
- Roger Williams University (27)
- University of North Carolina School of Law (27)
- Northwestern Pritzker School of Law (26)
- St. Mary's University (26)
- The University of Akron (23)
- Publication Year
- Publication
-
- Faculty Publications (128)
- West Virginia Law Review (116)
- South Carolina Law Review (110)
- Touro Law Review (93)
- Fordham Law Review (88)
-
- Vanderbilt Law Review (84)
- Cardozo Law Review (82)
- Faculty Scholarship (82)
- Villanova Law Review (1956 - ) (51)
- Law and Contemporary Problems (49)
- Indiana Law Journal (44)
- Articles (41)
- ExpressO (41)
- Scholarly Works (41)
- Pepperdine Law Review (40)
- Maryland Law Review (37)
- Washington and Lee Law Review (33)
- Scholarly Articles in Law Reviews & Journals (29)
- William & Mary Law Review (27)
- Louisiana Law Review (26)
- All Faculty Scholarship (24)
- Articles by Maurer Faculty (22)
- Akron Law Review (21)
- Georgia State University Law Review (20)
- Kentucky Law Journal (20)
- Law Faculty Scholarly Articles (20)
- University of Miami Law Review (20)
- Scholarly Publications (18)
- University of Richmond Law Review (18)
- Georgetown Law Faculty Publications and Other Works (17)
- Publication Type
Articles 571 - 600 of 2259
Full-Text Articles in Law
Ringers Revisited, Richard H. Underwood
Ringers Revisited, Richard H. Underwood
Law Faculty Scholarly Articles
In this short essay, Professor Underwood addresses an important development in the law dealing with eyewitness testimony and the New Jersey case of State v. Henderson. He gets at the subject by looking back to a 1950s television play starring fellow Kentucky resident, William Shatner. However, in this particular instance, William Shatner would not change the world.
Text Messages And The Hearsay Rule In The Aaron Hernandez Case, Jeffrey Bellin
Text Messages And The Hearsay Rule In The Aaron Hernandez Case, Jeffrey Bellin
Popular Media
No abstract provided.
Fifth Amendment Protection For Public Employees: Garrity And Limited Constitutional Protections From Use Of Employer Coerced Statements In Internal Investigations And Practical Considerations, J. Michael Mcguinness
Fifth Amendment Protection For Public Employees: Garrity And Limited Constitutional Protections From Use Of Employer Coerced Statements In Internal Investigations And Practical Considerations, J. Michael Mcguinness
Touro Law Review
No abstract provided.
Limited Admissibility And Its Limitations, Lisa Dufraimont
Limited Admissibility And Its Limitations, Lisa Dufraimont
Articles & Book Chapters
Among the challenges facing juries and judges in adjudicating cases is the obligation to use evidence for limited purposes. Evidence inadmissible for one purpose is frequently admissible for other purposes, a situation known as "limited admissibility". Where limited admissibility arises in jury trials, courts generally deliver limiting instructions outlining the inferences that can legitimately be drawn from the evidence and identifying prohibited lines of reasoning to be avoided. Limiting instructions represent an expedient solution to limited-admissibility problems, but they create obvious problems of their own. A thoughtful observer might suspect-as psychological studies confirm-that limiting instructions are likely to fail in …
The Behavior Of The French Army During The Dreyfus Affair, General André Bach
The Behavior Of The French Army During The Dreyfus Affair, General André Bach
Touro Law Review
Focuses on the how the French army participated in and influenced the Dreyfus affair. There are three main areas in which the French army played a large role: the incident of espionage, the legal case, and lastly, the political ramifications.
The Military Trial At Rennes: Text And Subtext Of The Dreyfus Affair, Vivian G. Curran
The Military Trial At Rennes: Text And Subtext Of The Dreyfus Affair, Vivian G. Curran
Touro Law Review
Discusses the Dreyfus affair and how the outside world viewed France's conduct. This article provides insight into how the trial was conducted and the evidence that was offered.
The Admissibility Of Cell Site Location Information In Washington Courts, Ryan W. Dumm
The Admissibility Of Cell Site Location Information In Washington Courts, Ryan W. Dumm
Seattle University Law Review
This Comment principally explores when and how a party can successfully admit cell cite location information into evidence. Beginning with the threshold inquiry of relevance, Part III examines when cell site location information is relevant and in what circumstances the information, though relevant, could be unfairly prejudicial, cumulative, or confusing. Part IV provides the bulk of the analysis, which centers on the substantive foundation necessary to establish the information’s credibility and authenticity. Part V looks at three ancillary issues: hearsay, a criminal defendant’s Sixth Amendment confrontation rights, and the introduction of a summary of voluminous records. Finally, Part VI offers …
The Duty Of The Prosecutor To Disclose Unrequested Evidence: United States V. Agurs, Christian F. Dubia Jr
The Duty Of The Prosecutor To Disclose Unrequested Evidence: United States V. Agurs, Christian F. Dubia Jr
Pepperdine Law Review
No abstract provided.
Plea Bargaining In The Dark: The Duty To Disclose Exculpatory Brady Evidence During Plea Bargaining, Michael Nasser Petegorsky
Plea Bargaining In The Dark: The Duty To Disclose Exculpatory Brady Evidence During Plea Bargaining, Michael Nasser Petegorsky
Fordham Law Review
Ninety-seven percent of federal convictions are the result of guilty pleas. Despite the criminal justice system’s reliance on plea bargaining, the law regarding the prosecution’s duty to disclose certain evidence during this stage of the judicial process is unsettled. The Supreme Court’s decision in Brady v. Maryland requires the prosecution to disclose evidence that establishes the defendant’s factual innocence during a trial. Some courts apply this rule during plea bargaining and require the disclosure of material exculpatory evidence before the entry of a guilty plea. Other courts have held or suggested that the prosecution may suppress exculpatory evidence during plea …
Why Federal Rule Of Evidence 403 Is Unconstitutional, And Why That Matters, Kenneth S. Klein
Why Federal Rule Of Evidence 403 Is Unconstitutional, And Why That Matters, Kenneth S. Klein
University of Richmond Law Review
No abstract provided.
You Must Be This Qualified To Offer An Opinion: Permitting Law Enforcement Officers To Testify As Laypersons Under Federal Rule Of Evidence 701, Kim Channick
Fordham Law Review
Every day, in courtrooms across the United States, law enforcement officers testify in criminal and civil trials. Often an officer is certified as an expert witness and, accordingly, can provide opinions to the court based on his or her law enforcement expertise. Other times, the officer offers testimony as a layperson. In the latter situation, Federal Rule of Evidence 701 controls the officer’s lay opinion testimony. This Rule was first adopted to remedy a problematic common law practice of universally prohibiting lay opinion testimony. As the Rule stands now, all lay witnesses, including law enforcement officers, must limit their opinions …
Research Project, David J. Agatstein
Research Project, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Note: Calvin V. Chater: The Right To Subpoena The Physician In Ssa Cases: Conflict In The Circuits Over The Interpretation Of 20 C.F.R. 404.950(D)(1), Elliot B. Oppenheim
Note: Calvin V. Chater: The Right To Subpoena The Physician In Ssa Cases: Conflict In The Circuits Over The Interpretation Of 20 C.F.R. 404.950(D)(1), Elliot B. Oppenheim
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Argument And Courtroom Theatrics, Larry Geller, Peter Hemenway
Argument And Courtroom Theatrics, Larry Geller, Peter Hemenway
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Vocational Testimony In Social Security Hearings, Daniel F. Solomon
Vocational Testimony In Social Security Hearings, Daniel F. Solomon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Developments In The Law Of Scientific Evidence: The Admissibility Of Polygraph Evidence, Sheila K. Hyatt
Developments In The Law Of Scientific Evidence: The Admissibility Of Polygraph Evidence, Sheila K. Hyatt
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Evidence Column, Paul R. Troeh Jr.
Evidence Column, Paul R. Troeh Jr.
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Workers Compensation: Presenting Medical Evidence In Heart Cases, Gerald J. Haas, Lowell A. Reed Jr, Irvin Stander
Workers Compensation: Presenting Medical Evidence In Heart Cases, Gerald J. Haas, Lowell A. Reed Jr, Irvin Stander
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Evidence Column, Paul Troeh Jr.
Evidence Column, Paul Troeh Jr.
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Two Notes On Evidence: Privileges And Hearsay, J. W. Deese
Two Notes On Evidence: Privileges And Hearsay, J. W. Deese
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Relevancy Of Evidence In Administrative Law Proceedings, J. W. Deese
Relevancy Of Evidence In Administrative Law Proceedings, J. W. Deese
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Role Of Demeanor Evidence In Determining Credibility Of Witnesses In Fact Finding: The Views Of Aljs, Gregory L. Ogden
The Role Of Demeanor Evidence In Determining Credibility Of Witnesses In Fact Finding: The Views Of Aljs, Gregory L. Ogden
Journal of the National Association of Administrative Law Judiciary
Prof. Ogden presents the views of administrative law judge’s on the role of demeanor evidence in determining the credibility of witnesses’ testimony in fact finding. The opinions of administrative law judges add an important new perspective on the issue of whether demeanor evidence increases the accuracy of credibility determinations. The views of administrative law judges were determined through the techniques of survey research, utilizing a questionnaire. After defining demeanor evidence for purposes of the study, Ogden explains the administrative law principle of judicial review that gives weight or deference to credibility determinations based on demeanor evidence. A statistical analysis of …
Death And Politics: The Role Of Demographic Characteristics And Testimony Type In Death Penalty Cases Involving Future Dangerousness Testimony, Amy Magnus, Miliaikeala Heen, Joel D. Lieberman
Death And Politics: The Role Of Demographic Characteristics And Testimony Type In Death Penalty Cases Involving Future Dangerousness Testimony, Amy Magnus, Miliaikeala Heen, Joel D. Lieberman
Graduate Research Symposium (2010 - 2017)
Past research examining expert future dangerousness prediction testimony in death penalty cases and civil confinement hearings for sex offenders has found that jurors tend to be more persuaded by less scientific “clinical” testimony and less influenced by “actuarial” based testimony. Jurors demonstrate greater receptivity for clinical testimony despite the fact that actuarial testimony has been shown to be a better predictor of future dangerousness. Research in this area has focused on identifying cognitive factors that can potentially be manipulated during a trial to increase the effectiveness of actuarial testimony on jurors. A mock jury study was conducted to extend these …
Juror Typologies And Dna Comprehension:Who Benefits From Jury Trial Innovations?, Mari Sakiyama, Joel D. Lieberman
Juror Typologies And Dna Comprehension:Who Benefits From Jury Trial Innovations?, Mari Sakiyama, Joel D. Lieberman
Graduate Research Symposium (2010 - 2017)
When DNA evidence is presented in the courtroom, it is typically accompanied by complex testimony conveying information such as the method of generating population frequencies, match criteria and probabilities, as well as laboratory errors and error rates. Although this evidence may have high probative value, the legal community has expressed growing concern regarding jurors’ ability to comprehend it. However, courts have implemented a variety of jury trial innovations to facilitate jurors’ ability to process complex information. Although these innovations may have a positive effect on comprehension of complex trial evidence, it is unclear whether some jurors are more likely to …
The Dangers Of Daubert Creep In The Regulatory Realm, Claire R. Kelly
The Dangers Of Daubert Creep In The Regulatory Realm, Claire R. Kelly
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Substantial Evidence Review In Social Security Cases As An Issue Of Fact, Morton Denlow
Substantial Evidence Review In Social Security Cases As An Issue Of Fact, Morton Denlow
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Trial By Theory: A Response To Acharya's "Law's Treatment Of Science: From Idealization To Understanding", Gary Edmond, Kent Roach
Trial By Theory: A Response To Acharya's "Law's Treatment Of Science: From Idealization To Understanding", Gary Edmond, Kent Roach
Dalhousie Law Journal
Adopting a pragmatic and empirically sensitive approach to the use of forensic science and medicine, this essay defends Edmond and Roach's "AContextual Approach to the Admissibility of the State's Forensic Science and Medical Evidence." The authors reiterate their concerns about idealized approaches to science and expertise and question the utility of philosophically-driven and essentialist models of science for legal practice. In detail the essay explains why privileging process over outcomes in the criminal process (andeven perpetuating the dichotomy) is misguided. The authors affirm the importance of factual accuracy and the socio-institutional illegitimacy generated by wrongful convictions. Drawing upon recent inquiries …
Confronting The Confrontation Clause: Addressing The Unanswered Question Of Whether Autopsy Reports Are Testimonial Evidence - People V. Hall, Bailey Ince
Touro Law Review
No abstract provided.
Model Draft Of A Rule 502(D) Order, Symposium Participants
Model Draft Of A Rule 502(D) Order, Symposium Participants
Fordham Law Review
No abstract provided.
Enter The Order, Protect The Privilege: Considerations For Courts Entering Protective Orders Under Federal Rule Of Evidence 502(D), Edwin M. Buffmire
Enter The Order, Protect The Privilege: Considerations For Courts Entering Protective Orders Under Federal Rule Of Evidence 502(D), Edwin M. Buffmire
Fordham Law Review
No abstract provided.