Law Commons^™

Retraction Of "Trauma Reverberations: A Study Of Selected Novels", Intisar Rashid Khaleel, Raed Idrees Mahmood

Journal of STEPS for Humanities and Social Sciences

No abstract provided.

Does Convenience Come With A Price? The Impact Of Remote Testimony On Expert Credibility And Decision-Making, Ashley Jones

Dissertations

Legal cases involving expert testimony, especially by forensic mental health professionals, is increasingly relying on remote testimony to reduce associated costs and increase availability of such services. There is some evidence to show that expert testimony delivered via videoconference (VC) is comparable to expert testimony delivered in person; however, the most compelling evidence for this claim is unpublished. Other evidence across disciplines showed relative comparability between VC and in-person modalities across various types of outcomes. Based on both unpublished and published findings, this study tested the hypothesis that minimal differences in measures of expert credibility, efficacy, and weight assigned to …

The Contribution Of Forensic Science To Wrongful Convictions: An Analysis Of Forensic Expert Testimony, Parker Gunter

Honors Theses

The purpose of this study was to explore the progression and potential improvement of forensic science in court. Errors is forensic science have contributed to the problem of wrongful convictions, but research surrounding forensic expert testimony over the last decade is lacking. The way that an expert explains evidence in court is important to gain a broader understanding for how forensic science may fail. The testimonies of forensic experts were analyzed both quantitatively and qualitatively to further understand the shortcomings in the field at the end of its journey through the criminal justice system. The results showed that the testimonies …

Retracted: Trauma Reverberations: A Study Of Selected Novels, Intisar Rashid Khaleel, Raed Idrees Mahmood

Journal of STEPS for Humanities and Social Sciences

Trauma is typically associated with both physical and mental traumas created by tremendous external forces that enslave both the conscious and unconscious minds. The terrible experiences of women produced by numerous strong forces, such as battle, seduction, abuse, incarceration, and so on, are repeated. Women's lives are haunted by nightmares, hallucinations, and other sorts of traumatic symptoms when terrible memories of the past are purposefully buried. It is, nonetheless, possible to use story to solve difficulties. In actuality, there are two pillars to this technique: a mending device and a "bearing witness" device. Through the process of coding and narrating, …

The Future Of Testamentary Capacity, Reid Kress Weisbord, David Horton

Washington and Lee Law Review

Recently, the #FreeBritney saga cast a harsh spotlight on state guardianship systems. Yet despite their serious flaws, guardianship regimes have benefited from waves of reform. Indeed, since the 1970s, most jurisdictions have taken steps to protect the autonomy of people with cognitive, intellectual, or developmental disabilities (CIDD). Likewise, lawmakers are currently experimenting with supported decision-making (SDM): an alternative to guardianship designed to help individuals with CIDD make their own choices. These changes are no panacea, but they have modernized a field that once summarily denied “idiots” and “lunatics” power over their affairs.

However, in a related context, the legal system’s …

Performance Oversight Hearing For The Metropolitan Police Department , February 17, 2022, Katherine S. Broderick

D.C. Council Testimony

Statement of the District Task Force on Jails and Justice Before the Committee on the Judiciary and Public Safety of the Council of the District of Columbia. Performance Oversight Hearing for the Metropolitan Police Department. February 17, 2022.

An Evil Who Teaches Humility In The Novel «La Couronne Du Diable» From Alexandre Najjarun Mal Qui Enseigne L’Humilité Dans La Couronne Du Diabled’Alexandre Najjar », Sophie Nicolaïdès-Salloum

BAU Journal - Society, Culture and Human Behavior

Abstract: After many natural disasters, a sanitary disaster overwhelms the planet earth, the COVID19 pandemic. Alexandre Najjar writes about this crisis in a novel translate as “The devil’s crown”. The author uses the way of testimony to describe the way the characters live the confinement in different countriesand the consequences of an unprecedent situation on the psyche: fear of the other, feeling imprisoned, powerlessness. The intervention includes the analysis of the title, the choice of the polyphonyand the similarity between this novel and an ancient tragedy.

Résumé: Après plusieurs catastrophes naturelles, une catastrophe sanitaire accable aujourd’hui notre planète : la …

The Courts Discretionary Role In Testimony, علاء الدين عبابنة

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

There is no doubt that evidence by testimony came as a sign that legislator wants to give judges full power to weigh the evidence, unlike the situation in other kind of evidences where the judge is restricted upon a kind of evidence.

This article shows that even the law has given wide authority to the judge upon testimony; the extent of this authority differs from legislation to another in different countries according to the adopted principle of evidence. Accordingly, this article has been divided into three sections; the first examines the judge's authority upon evidence by testimony, while the second …

Recollections Refreshed And Recorded, Len Niehoff

Articles

Witnesses forget stuff. When they do, the evidence rules give us two tools to help solve the problem. Lawyers call one "refreshed recollection" and the other "past recollection recorded," labels just similar enough to guarantee confusion. Nevertheless, these principles get at very different things and are well worth the effort necessary to distinguish and understand them. So how do we get there?

The Concept Of 'Al-Istighfal' Testimony Between Law And Shari’A, Saleh Ben Saleh Al Shaqirat

UAEU Law Journal

This research sheds light on one of the main parts of testimony as a means of achieving evidence, titled "Al-Istighfal Testimony in Sharea and law". This research is divided into three chapters and a conclusion. Chapter one deals with a definition of the testimony linguistically and academically. It also gives some examples of this kind of testimony. Chapter Two depicts the jurisprudents’ opinions, their evidences and justification, side by side with discussing these evidences. It also presents the proper opinion in this issue. Chapter Three deals with the law point of view of 'Istighfal Testimony', demonstrating its liability to accept …

#Believewomen And The Presumption Of Innocence: Clarifying The Questions For Law And Life, Kimberly Kessler Ferzan

All Faculty Scholarship

The presumption of innocence and #BelieveWomen both embody compelling considerations, and we may wonder how to reconcile them. My project does not aim to reconcile the positions, but rather, it is prior to it. My goal in this paper is to better explicate the claims that underlie both #BelieveWomen and the presumption of innocence in law and life, as well as to identify instances in which cross-pollination, between our everyday evaluations and the legal system, is contaminating our thinking.

First, I begin with #BelieveWomen and sort through various ways to interpret this demand (though my survey is not exhaustive). I …

Preserving Due Process: Require The Frye And Daubert Expert Standards In State Gang Cases, Fareed Nassor Hayat

New Mexico Law Review

Police officers are almost universally offered and admitted as experts in gang prosecutions. Without being subjected to the stringent requirements of Frye and Daubert expert standards, criminal Defendants’ due process rights are violated. Once admitted, police officers are permitted to testify to the psychology, customs, motivations, social structures and subjective mental states of individual gang members and gang organizations. Police gang expert testimony should only be admitted after the underlying criminal matter has been proven beyond a reasonable doubt, and even then, only if the police gang expert testimony abides by clearly defined rules of evidence. This article advocates for …

The Use Of Technical Experts In Software Copyright Cases: Rectifying The Ninth Circuit’S “Nutty” Rule, Shyamkrishna Balganesh, Peter S. Menell

Faculty Scholarship

Courts have long been skeptical about the use of expert witnesses in copyright cases. More than four decades ago, and before Congress extended copyright law to protect computer software, the Ninth Circuit in Krofft Television Productions, Inc. v. McDonald’s Corp. ruled that expert testimony was inadmissible to determine whether Mayor McCheese and the merry band of McDonald’s characters infringed copyright protection for Wilhelmina W. Witchiepoo and the other imaginative H.R. Pufnstuf costumed characters. Since the emergence of software copyright infringement cases in the 1980s, substantially all software copyright cases have permitted expert witnesses to aid juries in understanding software code. …

Witness For The Self: Miranda V. Arizona’S Political Theology, Graham James Mcaleer

Touro Law Review

No abstract provided.

Hearing On The Foreign Sovereign Immunities Act, Coronavirus, And Addressing China’S Culpability Before The Senate Committee On The Judiciary, Russell A. Miller

Scholarly Articles

There are a number of theories about the Chinese government’s acts or omissions concerning the emergence and world-wide spread of the coronavirus that may be the proximate cause of actionable transboundary harm. All of these theories start with the incontestable fact that the coronavirus outbreak originated in China. One theory is concerned with the conduct of the Chinese government after the health crisis emerged. This “ex post” theory alleges a broad range of acts and omissions that helped transform a local outbreak into a global pandemic. There is room for this theory under the Transboundary Harm Principle. But the “ex …

Law School News: Rwu Law Professors, Aclu Seek Release For All Ice Detainees At Wyatt 05-18-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Response Letter To Chairman Mcgovern On Remote Voting, Deborah Pearlstein

Testimony

Letter sent to Congressman Jim McGovern, Chair of the House Rules Committee. This letter has been entered into the Congressional Record.

"I read with interest an article by Mssrs. Mark Strand and Tim Lang introduced into the record during yesterday’s hearing of the House Rules Committee on H. Res. 965 - Authorizing remote voting by proxy in the House of Representatives. Having written elsewhere in detail about my conviction that the rules change under consideration readily passes constitutional muster, I am grateful for the opportunity to explain why the Strand and Lang position fails to persuade."

Law School News: Rwu Law Professors Win Release For Two Immigrants At Risk For Covid-19 04-24-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Letter To Chairman Mcgovern On Remote Voting, Deborah Pearlstein

Testimony

Letter written to Congressman Jim McGovern, Chair of the House Rules Committee. This letter has been entered into the Congressional Record.

As a professor of constitutional law, and a scholar who has written extensively on separation of powers issues in U.S. Government, I believe adopting procedures to allow for remote voting under these extraordinary circumstances is not only lawful, but essential to the maintenance of our constitutional democracy. Recognizing that specific procedures for remote voting may still be in development, the analysis offered here focuses foremost on the broad scope of Congress’ constitutional authority to regulate its voting procedures.

The Truthsayer And The Court: Expert Testimony On Credibility, Michael W. Mullane

Maine Law Review

The purpose of this Article is to analyze the admissibility of expert testimony on credibility. State v. Woodburn serves as a lens to focus on the broader issues. The primary issue is an examination of expert testimony on credibility in light of the Federal Rules of Evidence and their progeny. The Rules of Evidence mandate admission or exclusion of expert testimony based on certain criteria. How are these criteria applied to expert testimony on credibility? How should they be applied? The surprising survivability of other criteria discarded by the Rules is also considered.

Law School News: Rwu Law Professors File Emergency Covid-19 Lawsuit 04-12-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Bad Science Begets Bad Convictions: The Need For Postconviction Relief In The Wake Of Discredited Forensics, Jessica Gabel Cino

University of Denver Criminal Law Review

No abstract provided.

The Death Of Fairness: Texas's Future Dangerousness Revisited, Ana M. Otero

University of Denver Criminal Law Review

No abstract provided.

Colorado's Undemanding Notice Requirement: Pro Se Defendants And Forensic Technician Testimony, Sarah M. Morris, Lauren L. Fontana

University of Denver Criminal Law Review

No abstract provided.

Confronting The Backdoor Admission Of Testimonial Statements Against An Accused: The Danger Of Expert Reliance On Inadmissible Information, Sarah E. Stout

University of Denver Criminal Law Review

No abstract provided.

The Man Behind The Curtain: Confronting Expert Testimony, Daniel W. Edwards

University of Denver Criminal Law Review

No abstract provided.

The Incredible Shrinking Confrontation Clause, Jeffrey Bellin

Jeffrey Bellin

Sharp turns in the Supreme Court’s recent Confrontation Clause jurisprudence have left scholars reeling from conflicting emotions: exhilaration, despair, denial, and soon, perhaps, cynical acceptance. While most commentators celebrated the demise of the incoherent Ohio v. Roberts framework, their excitement largely faded as the Court’s decisions in Davis v. Washington and Bryant v. Michigan revealed nascent flaws in the evolving doctrine and sharply curtailed the newly revitalized confrontation right.

Recent scholarship strives to reanimate the jurisprudence by expanding the doctrinal definition of “testimonial” statements – the sole form of evidence that the Court now recognizes as implicating the Confrontation Clause. …

Bloomberg Law Brief: Evidence Doctrine, Michael Best, Jeffrey Bellin, Andrew Guthrie Ferguson

Jeffrey Bellin

A discussion of a Supreme Court case over whether a juror may testify about statements made by another juror during deliberations.

Scientific Knowledge Fraud, Wes Henricksen

Faculty Scholarship

No abstract provided.

Amplifying The Voices Of The Muted: Reinterpreting Rival Representations Of Mexican And Central American Migrants And Refugees In American Migration Discourse, Katherine Marie Hopper

Senior Projects Spring 2019

Senior Project submitted to The Division of Social Studies of Bard College.