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Through The Lens Of Federal Evidence Rule 403: An Examination Of Eyewitness Identification Expert Testimony Admissibility In The Federal Circuit Courts, Lauren Tallent

Washington and Lee Law Review

No abstract provided.

An Economic Analysis Of Fact Witness Payment, Eugene Kontorovich, Ezra Friedman

Faculty Working Papers

In this paper we discuss the disparate treatment of perceptual (''fact'') witnesses and expert witnesses in the legal system. We highlight the distinction between the perceptual act of witnessing and the act of testifying, and argue that although there might be good reasons to regulate payments to fact witnesses, the customary prohibition on paying them for their services is not justified by reference to economic theory. We propose considering a court mediated system for compensating fact witnesses so as to encourage witnessing of legally important events.We construct a simple model of witness incentives, and simulate the effects of several possible …

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Simplifying Discovery And Production- Using Easy Frameworks To Evaluate The 2009 Term Of Cases.Pdf, Eric Carpenter

Eric R. Carpenter

The military's discovery and production rules are fairly simple — if you can distinguish one from the other, which is not always an easy task. This article provides military practitioners with a set of tools for recognizing the differences between discovery and production rules. These tools are then applied to the 2009 term of military appellate cases which focused on discovery and production issues in order to illustrate whether the parties, the military judges, and the courts used sound reasoning in dealing with these issues.