Courts Commons^™

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.

Supreme Court Case Files

No abstract provided.

Statistical Implications Of Reasoning With Polygraph Evidence: Developing Instructions For The Trier Of Fact, James A. Finder

Cardozo Law Review

Report and Recommendation to the New York State Bar Association by the Committee on Federal Constitution

Parent-Child Privilege: Constitutional Right Or Specious Analogy?, Donald Cofer

Seattle University Law Review

To avoid reaching incorrect verdicts as a result of insufficient evidence, courts generally require witnesses to testify to all relevant facts within their knowledge. Two important exceptions to this general rule, incompetency and privilege, rest on very different rationales. Developed at common law to exclude unreliable evidence, rules of competency disqualify certain untrustworthy witnesses from testifying. To promote extrinsic public policies, however, privileges excuse competent witnesses from providing what may be highly probative and reliable evidence. In the past decade there have been calls for legislative or judicial recognition of a parent-child privilege, similar to the marital privilege, that would …

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 …

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 …

Oregon V. Hass, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Easy Cases, Bad Law, And Burdens Of Proof, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.

The Presently Expanding Concept Of Judicial Notice, Fortunata Giudice, C. William Kraft

Villanova Law Review (1956 - )

No abstract provided.

The Smith Rule And A Party's Burden Of Coming Forward When Relying On Circumstantial Evidence, Paul A. Kiefer

Villanova Law Review (1956 - )

No abstract provided.

The Use Of Coerced Confessions In State Courts, J. A. Spanogle

Vanderbilt Law Review

It is now well settled that involuntary confessions must be excluded from evidence in all criminal trials in state courts. It has been difficult, however, to distinguish a voluntary confession from an involuntary one, because the term "involuntary" is not well defined. This lack of definition, which creates great problems for state trial and appellate courts in attempting to apply the rule to individual cases, has, in turn, stemmed from a lack of understanding of the reasons for excluding involuntary confessions. The United States Supreme Court has handed down thirty-four coerced confession cases, holding confessions admissible in some factual situations …

Evidence- Hearsay-Scope Of Federal Rule 43(A), David K. Kroll S. Ed

Michigan Law Review

The clocktower of plaintiff county's courthouse buckled and collapsed into the courtroom below. Charred timbers were found in the wreckage. Several residents reported that they saw lightning strike the tower five days before the collapse. Plaintiff carried insurance for loss by fire or lightning, and sued the insurers when they denied liability. Defendant claimed that the tower collapsed of its own weight because of faulty design, deterioration, and overloading. To account for the charred timbers defendant introduced into evidence a fifty-eight-year-old newspaper article from the files of the city newspaper describing a fire in the courthouse during its construction. The …

Prejudicial Error: Admissions And Exclusions Of Evidence In The Federal Courts, Robert W. Gibbs

Villanova Law Review (1956 - )

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Governmental Activities--Recognition in Forum of Sister State's Original Revenue Claim

=================================

Constitutional Law--State Taxation of Interstate Commerce--Sales Tax on Shipboard Sales to Passengers

=================================

Courts--Certiorari from United States Supreme Court--Loss of Importance Ground for Dismissal

=================================

Domestic Relations--Adoption--Revocation of Consent by Natural Parents

=================================

Evidence--Admissibility--Exclusion of Evidence Obtained by Unreasonable Search and Seizure

=================================

Federal Procedure--Illegal Search--Injunction Against Agent's Testifying in State Court

=================================

Income Taxation--Claim of Right Income--Time of Deduction when Restoration Required

=================================

Malicious Prosecution--Privilege--Filing of Complaint with Bar Ethics and Grievance Committee

Administrative Agencies And The Court, Frank E. Cooper

Michigan Legal Studies Series

The limits which courts place on the powers of administrative tribunals have particular significance to practicing attorneys and law students. It is largely to the extent that such limits are imposed, that our government remains a government of laws and not a government of men.

The following pages have been written to describe the standards which the courts impose upon administrative agencies, thereby controlling and limiting their powers. More particularly, the writer has sought: (1) to bring together the leading cases in which the courts have laid down the principles that govern frequently litigated questions in contests between the agencies …

Federal Appellate Procedure--Certiorari--Consideration Of Constitutional Objections Not Preserved On The Record, W. E. C.

West Virginia Law Review

No abstract provided.

The Power Of The Court To Grant A New Trial On Conflicting Evidence, Clara Dwight Whitten

West Virginia Law Review

No abstract provided.

Cases On The Law Of Evidence, Horace L. Wilgus

Books

A casebook supporting Evidence course in any Law curriculum. The work is arranged in three sections: Part I: Relevancy; Part II, Proof; and Part III, Production and Effect of Evidence. There is further organization into 113 topical Sections as described in the Table of Contents. The author provides no introductory remarks.