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Why Illinois Should Adopt Federal Rule Of Evidence 803(18) To Allow The Learned Treatise Exception To The Hearsay Rule, 39 S. Ill. U. L.J. 275 (2015), Ralph Ruebner, Katarina Durcova, Amy Taylor
Why Illinois Should Adopt Federal Rule Of Evidence 803(18) To Allow The Learned Treatise Exception To The Hearsay Rule, 39 S. Ill. U. L.J. 275 (2015), Ralph Ruebner, Katarina Durcova, Amy Taylor
UIC Law Open Access Faculty Scholarship
Illinois still adheres to a rigid and outdated common law principle that treats a learned treatise as hearsay. This principle stands at odds with the adoption of Federal Rules of Evidence 703 ("FRE 703")' and 705 ("FRE 705") by the Illinois Supreme Court. Illinois courts have developed clever ways to get around the common law prohibition thereby creating an incoherent and inconsistent jurisprudence that at times yields bizarre outcomes.
Adopting the federal learned treatise exception to the hearsay rule would set out a consistent standard in Illinois for admitting learned treatises and allowing them as substantive evidence. Now that Illinois …
Survey Of Illinois Law: Waiver Of The Attorney-Client Privilege And Work Product Protection, 37 S. Ill. U. L.J. 825 (2013), Ralph Ruebner, Katarina Durcova
Survey Of Illinois Law: Waiver Of The Attorney-Client Privilege And Work Product Protection, 37 S. Ill. U. L.J. 825 (2013), Ralph Ruebner, Katarina Durcova
UIC Law Open Access Faculty Scholarship
Effective January 1, 2013, two new Illinois Supreme Court rules clarify and limit the waiver of the attorney-client privilege and work product protection rule. Illinois Rule of Evidence 502 ("IRE 502"), which spells out the limitations on waiver, is accompanied by a "clawback provision" in Illinois Supreme Court Rule 201(p) ("Rule 201(p)") that details the procedural steps a disclosing party should take to successfully assert the privilege following an inadvertent discovery disclosure. Additionally, these changes clarify the mandatory duty of the receiving party. IRE 502 was modeled on Federal Rule of Evidence 502 ("FRE 502") and Rule 201(p) was modeled …
Illinois Courts And The Law Of Miranda Waivers: A Policy Worth Preserving, 30 N. Ill. U. L. Rev. 429 (2010), Timothy P. O'Neill
Illinois Courts And The Law Of Miranda Waivers: A Policy Worth Preserving, 30 N. Ill. U. L. Rev. 429 (2010), Timothy P. O'Neill
UIC Law Open Access Faculty Scholarship
No abstract provided.
Crawford V. Washington, The Confrontation Clause, And Hearsay: A New Paradigm For Illinois Evidence Law, 36 Loy. U. Chi. L.J. 703 (2005), Ralph Ruebner, Timothy Scahill
Crawford V. Washington, The Confrontation Clause, And Hearsay: A New Paradigm For Illinois Evidence Law, 36 Loy. U. Chi. L.J. 703 (2005), Ralph Ruebner, Timothy Scahill
UIC Law Open Access Faculty Scholarship
No abstract provided.
Instructing Illinois Juries On The Definition Of “Reasonable Doubt”: The Need For Reform, 27 Loy. U. Chi. L.J. 921 (1996), Timothy P. O'Neill
Instructing Illinois Juries On The Definition Of “Reasonable Doubt”: The Need For Reform, 27 Loy. U. Chi. L.J. 921 (1996), Timothy P. O'Neill
UIC Law Open Access Faculty Scholarship
No abstract provided.
Standards Of Review In Illinois Criminal Cases: The Need For Major Reform, 17 S. Ill. U. L.J. 51 (1992), Timothy P. O'Neill
Standards Of Review In Illinois Criminal Cases: The Need For Major Reform, 17 S. Ill. U. L.J. 51 (1992), Timothy P. O'Neill
UIC Law Open Access Faculty Scholarship
No abstract provided.
Hearsay In Illinois: A New Look At Some Old Problems, 10 N. Ill. U. L. Rev. 159 (1990), John E. Corkery
Hearsay In Illinois: A New Look At Some Old Problems, 10 N. Ill. U. L. Rev. 159 (1990), John E. Corkery
UIC Law Open Access Faculty Scholarship
No abstract provided.
Illinois' Latest Version Of The Defense Of Voluntary Intoxication: Is It Wise? Is It Constitutional?, 39 Depaul L. Rev. 15 (1989), Timothy P. O'Neill
Illinois' Latest Version Of The Defense Of Voluntary Intoxication: Is It Wise? Is It Constitutional?, 39 Depaul L. Rev. 15 (1989), Timothy P. O'Neill
UIC Law Open Access Faculty Scholarship
No abstract provided.