Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (208)
- University of Michigan Law School (198)
- Touro University Jacob D. Fuchsberg Law Center (52)
- Yeshiva University, Cardozo School of Law (45)
- Pepperdine University (25)
-
- UIC School of Law (25)
- West Virginia University (25)
- Maurer School of Law: Indiana University (20)
- William & Mary Law School (18)
- University at Buffalo School of Law (17)
- University of Maine School of Law (17)
- Villanova University Charles Widger School of Law (15)
- BLR (14)
- Vanderbilt University Law School (14)
- Washington and Lee University School of Law (12)
- Roger Williams University (10)
- Georgia State University College of Law (9)
- Northwestern Pritzker School of Law (9)
- University of Colorado Law School (9)
- University of Richmond (9)
- American University Washington College of Law (8)
- University of Missouri-Kansas City School of Law (8)
- Brigham Young University Law School (7)
- Duke Law (7)
- University of Baltimore Law (7)
- Association of American Law Schools (6)
- Brooklyn Law School (6)
- Georgetown University Law Center (6)
- Loyola Marymount University and Loyola Law School (6)
- The University of Akron (6)
- Keyword
-
- Evidence (163)
- Sixth Amendment (82)
- Confrontation Clause (75)
- Testimony (65)
- Constitutional Law (62)
-
- Fifth Amendment (53)
- Admissibility (51)
- Hearsay (51)
- Cross-examination (46)
- Witnesses (46)
- Constitutional law (45)
- Fourth Amendment (45)
- United States Supreme Court (45)
- Crawford v. Washington (35)
- Police (35)
- Constitution (32)
- Self-incrimination (32)
- Exclusionary rule (30)
- Privacy (29)
- Supreme Court (27)
- Testimonial (26)
- New York (24)
- Search and seizure (24)
- Due process (23)
- Warrant (21)
- Criminal procedure (20)
- Fourth amendment (20)
- Confessions (19)
- Law (19)
- Miranda v. Arizona (19)
- Publication Year
- Publication
-
- Seattle University Law Review (206)
- Michigan Law Review (133)
- Touro Law Review (50)
- Articles (43)
- Cardozo Law Review (24)
-
- West Virginia Law Review (24)
- Pepperdine Law Review (23)
- UIC Law Review (23)
- Faculty Scholarship (19)
- Buffalo Law Review (17)
- Maine Law Review (17)
- Indiana Law Journal (14)
- ExpressO (13)
- Vanderbilt Law Review (13)
- Villanova Law Review (1956 - ) (12)
- University of Michigan Journal of Law Reform (10)
- William & Mary Bill of Rights Journal (10)
- Georgia State University Law Review (9)
- Publications (9)
- Faculty Works (8)
- University of Richmond Law Review (8)
- BYU Law Review (7)
- Faculty Publications (7)
- Michigan Law Review First Impressions (7)
- Akron Law Review (6)
- Georgetown Law Faculty Publications and Other Works (6)
- Journal of Legal Education (6)
- Northwestern University Law Review (6)
- Roger Williams University Law Review (6)
- Supreme Court Case Files (6)
- Publication Type
Articles 691 - 720 of 946
Full-Text Articles in Evidence
Allen V. The United States Of America: The “Substantial” Connection Between Nuclear Fallout And Cancer, Daniel Swartzman, Tom Christoffel
Allen V. The United States Of America: The “Substantial” Connection Between Nuclear Fallout And Cancer, Daniel Swartzman, Tom Christoffel
Touro Law Review
No abstract provided.
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.
The Psychiatric Expert As Due Process Decisionmaker, Robert S. Berger
The Psychiatric Expert As Due Process Decisionmaker, Robert S. Berger
Buffalo Law Review
No abstract provided.
Inculpatory Statements Against Penal Interest: State V. Parris Goes Too Far, James E. Beaver, Cheryl Mccleary
Inculpatory Statements Against Penal Interest: State V. Parris Goes Too Far, James E. Beaver, Cheryl Mccleary
Seattle University Law Review
This article first demonstrates that courts historically did not trust penal interest statements in general, and that courts were extremely suspicious of any statements by a third party that implicated the defendant. Since Washington adopted Federal Rule of Evidence 804(b)(3) verbatim, this article then analyzes the legislative history of the rule. The article concludes that the legislative history favored exclusion of inculpatory statements but that Congress failed to codify the exclusion because of unrelated problems. Finally, the article discusses the confrontation clause problems that arise when inculpatory statements are allowed into evidence. This article argues that the Parris holding should …
New Hearsay Exceptions For A Child's Statement Of Sexual Abuse, 18 J. Marshall L. Rev. 1 (1984), Glen Skoler
New Hearsay Exceptions For A Child's Statement Of Sexual Abuse, 18 J. Marshall L. Rev. 1 (1984), Glen Skoler
UIC Law Review
No abstract provided.
The Fifth Amendment Privilege And Documents--Cutting Fisher's Tangled Line, Robert Heidt
The Fifth Amendment Privilege And Documents--Cutting Fisher's Tangled Line, Robert Heidt
Articles by Maurer Faculty
No abstract provided.
Clear Standards For Discovery Protective Orders: A Missed Opportunity In Rhinehart V. Seattle Times Co., Carole J. Breitenbach
Clear Standards For Discovery Protective Orders: A Missed Opportunity In Rhinehart V. Seattle Times Co., Carole J. Breitenbach
Seattle University Law Review
The Washington State Supreme Court has previously balanced the interests of privacy and effective judicial administration against those of free speech and public access in the context of judicial proceedings, and the court missed a significant opportunity to expand and apply this balancing test in Rhinehart. The United States Supreme Court similarly declined to create a balancing test to ensure the full protection of First Amendment interests during pretrial discovery. A need remains for a general standard to ensure that First Amendment interests in disseminating discovery information are identified and protected when a protective order is requested.
Confessions, Yale Kamisar
Confessions, Yale Kamisar
Book Chapters
The entry for 'Confessions' in the Encyclopedia of Crime and Justice, 1983
Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle
Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
The Exclusionary Rule: An Examination Of The Case Law And The Present Posture Of The Florida Supreme Court, Michael Shaw Tammaro
The Exclusionary Rule: An Examination Of The Case Law And The Present Posture Of The Florida Supreme Court, Michael Shaw Tammaro
Florida State University Law Review
No abstract provided.
Constitutional Constraints On The Admissibility Of Grand Jury Testimony: The Unavailable Witness, Confrontation, And Due Process, Barbara L. Strack
Constitutional Constraints On The Admissibility Of Grand Jury Testimony: The Unavailable Witness, Confrontation, And Due Process, Barbara L. Strack
University of Michigan Journal of Law Reform
Defendants, however, have raised serious constitutional objections to the introduction of grand jury testimony when the witness is unavailable to testify at trial. These claims have focused on the confrontation clause of the sixth amendment and the due process clauses of the fifth and fourteenth amendments. Defendants have contended that the introduction of testimony from a grand jury proceeding which cannot be subjected to cross-examination fatally compromises the defendant's right to a fair trial. Lower courts are split over admitting grand jury testimony in these circumstances, and the Supreme Court has yet to rule on the issue. As a result, …
The Confrontation Clause, The Right Against Self-Incrimination And The Supreme Court: A Critique And Some Modest Proposals, David E. Seidelson
The Confrontation Clause, The Right Against Self-Incrimination And The Supreme Court: A Critique And Some Modest Proposals, David E. Seidelson
Duquesne Law Review
The impact of Supreme Court decisions on fifth and sixth amendment rights of the accused criminal is the subject of Professor Seidelson's most recent quest into the field of constitutional law. Using the Court's most recent decision on the sixth amendment confrontation clause as a vehicle, he examines the development of the clause over the past two decades and concludes that the Court's decisions have rendered the clause virtually coextensive with the hearsay rule. In a second part of the article Professor Seidelson discusses the effect of the Court's refusal to include physical evidence within the scope of the fifth …
Constitutional Limitations On Obtaining Evidence For Scientific Analysis, Paul C. Giannelli
Constitutional Limitations On Obtaining Evidence For Scientific Analysis, Paul C. Giannelli
Faculty Publications
No abstract provided.
Robbins, Belton And Ross: Reconsideration Of Bright Line Rules For Warrantless Container Searches, Christopher J. St. John
Robbins, Belton And Ross: Reconsideration Of Bright Line Rules For Warrantless Container Searches, Christopher J. St. John
Cleveland State Law Review
This Note analyzes the development of these warrantless container search and seizure exceptions to furnish a comprehensive review of their justifications. The major focus is on the underlying rationale of Belton and Ross and the possible ramifications of such far-reaching warrant exceptions. The Note recommends that state courts interpret their state constitutions to allow the less drastic alternative of warrantless seizures of certain containers rather than warrantless searches as permitted by Belton and Ross under the federal Constitution. In addition, an analytic methodology for isolating interrelated yet distinct search and seizure questions is proposed. Initially, a general background of fourth …
Testimonial Immunity And The Privilege Against Self-Incrimination: A Study In Isomorphism, Peter Lushing
Testimonial Immunity And The Privilege Against Self-Incrimination: A Study In Isomorphism, Peter Lushing
Articles
This Article accepts and will develop the Court's isomorphic theory of immunity and privilege, and will show why Portash is nonetheless correct in result. A case for a broadened view of the privilege, partially because of the availability of testimonial immunity, will be made. Apftlbaum will be shown to be incorrect in result. This Article will also analyze the problem of immunized testimony and perjury by inconsistent statement, a problem faced once by the Court but left unresolved. Finally, this Article will discuss the constitutional requirements of an immunity statute, and consider an immunity case presently pending before the Supreme …
Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag
Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag
Publications
No abstract provided.
Full Faith And Credit, More Or Less, To Judgments: Doubts About Thomas V. Washington Gas Light Co., Stewart E. Sterk
Full Faith And Credit, More Or Less, To Judgments: Doubts About Thomas V. Washington Gas Light Co., Stewart E. Sterk
Articles
Workmen's compensation awards, decrees of administrative tribunals rather than courts, present the question of how far the mandate of the full faith and credit clause should reach and whether the clause should bar a claimant from pursuing supplemental compensation in a second state. Recently, in Thomas v. Washington Gas Light Co., the Supreme Court decided that full faith and credit should not prevent a claimant from obtaining supplemental compensation. Professor Sterk criticizes the Court's analysis, demonstrating the Thomas Court's neglect of the federal interests that the clause should protect. After examining the clause and its policy underpinnings, Professor Sterk …
Reflections On Alfred Hill's "Testimonial Privilege And Fair Trial", Peter Westen
Reflections On Alfred Hill's "Testimonial Privilege And Fair Trial", Peter Westen
University of Michigan Journal of Law Reform
I have learned a great deal from "Testimonial Privilege and Fair Trial"-as I always do from Professor Hill's work. Indeed, he has changed my way of thinking in this area in several important respects. At the same time, I come to rather different conclusions than he regarding each of his three major topics. Part I of this article examines the problem of finding a "remedy" for testimonial privileges that violate a defendant's right to a fair trial. Part II discusses the problem of determining when a defendant is entitled to assert that the "right" has been violated. Finally, Part III …
Faces Without Features: The Surface Validity Of Criminal Inferences, Peter Lushing
Faces Without Features: The Surface Validity Of Criminal Inferences, Peter Lushing
Articles
The article critiques the Supreme Court's decision in County Court v. Allen, arguing that the Court's approach to evaluating instructed inferences in criminal cases undermines the integrity of the fact-finding process. The central concern is that the Court's methodology, which assesses inferences as applied rather than on their face, fails to address the potential irrationality of such inferences and the pressure they may exert on jurors to convict without thorough consideration of the evidence. The article advocates for a more rigorous standard to ensure the rationality and constitutionality of instructed inferences in criminal trials.
Constitutional Law - Privacy - Invasion Of Privacy Justified Where Hospital Records Are Sought For Grand Jury Investigation, Kathleen D. Yesenko
Constitutional Law - Privacy - Invasion Of Privacy Justified Where Hospital Records Are Sought For Grand Jury Investigation, Kathleen D. Yesenko
Villanova Law Review (1956 - )
No abstract provided.
Perils Of The Rulemaking Process: The Development, Application, And Unconstitutionality Of Rule 804(B)(3)'S Penal Interest Exception, Peter W. Tague
Perils Of The Rulemaking Process: The Development, Application, And Unconstitutionality Of Rule 804(B)(3)'S Penal Interest Exception, Peter W. Tague
Georgetown Law Faculty Publications and Other Works
As the culmination of a decade of rulemaking, in 1975 Congress enacted the Federal Rules of Evidence, which include in rule 804(b)(3) an exception to the hearsay rule that allows federal courts to admit statements against penal interest. Having reviewed previously unpublished memoranda and nonpublic tape recordings of the deliberations of the Advisory and Standing Committees to the Judicial Conference and the Special Subcommittee on Reform of Federal Criminal Laws of the House Judiciary Committee, Professor Tague explores the development of rule 804(b)(3), one of the more controversial rules that emerged from that rulemaking process. After analyzing rule 804(b)(3) and …
Constitutional Protection For Private Papers, Craig M. Bradley
Constitutional Protection For Private Papers, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Survey Of Developments In West Virginia Law: 1980
Survey Of Developments In West Virginia Law: 1980
West Virginia Law Review
No abstract provided.
Survey Of Developments In West Virginia Law: 1979
Survey Of Developments In West Virginia Law: 1979
West Virginia Law Review
No abstract provided.
State V. Frazier, Lucinda Masterton
The Privilege Against Self-Incrimination In Civil Commitment Proceedings, Marianne Wesson
The Privilege Against Self-Incrimination In Civil Commitment Proceedings, Marianne Wesson
Publications
No abstract provided.
Rape Victim Shield Laws And The Sixth Amendment, J. Alexander Tanford, Anthony J. Bocchino
Rape Victim Shield Laws And The Sixth Amendment, J. Alexander Tanford, Anthony J. Bocchino
Articles by Maurer Faculty
No abstract provided.
United States V. Payner, Lewis F. Powell Jr.
United States V. Payner, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Future Of Confrontation, Peter K. Westen
The Future Of Confrontation, Peter K. Westen
Michigan Law Review
The Supreme Court seems to be setting the stage for a long-awaited examination of the confrontation clause. It has been ten years since the Court endeavored in Dutton v. Evans to reconcile the evidentiary rules of hearsay with the constitutional commands of confrontation. Dutton came at the tail end of a string of confrontation cases that the Court had resolved without apparent difficulty. Not surprisingly, the Court approached Dutton in the evident belief that it could resolve the constitutional problems of hearsay once and for all. Instead, after oral argument in 1969 and a rehearing in 1970, the Court found …
Burdening The Fifth Amendment: Toward A Presumptive Barrier Theory, Mark Berger
Burdening The Fifth Amendment: Toward A Presumptive Barrier Theory, Mark Berger
Faculty Works
Judging how heavily the state may burden the decision to exercise or forego the fifth amendment privilege against self-incrimination is a concededly problematic undertaking. Nevertheless, the formulation of a standard is essential to ensure principled decision making. Unfortunately, however, the Supreme Court has thus far avoided the task. The decisions from the Warren era suggest in very broad language that any burden on the exercise of the right to remain silent is forbidden, while more recent rulings have barred only those penalties automatically imposed for assertions of the privilege. Neither extreme, however, represents a satisfactory resolution of the conflicting interests …