Evidence Commons^™

Secret Knowledge Of Genocide: British Failure To Disclose The Killing Of Jews In 1941, Kent Greenawalt

Cardozo Law Review

No abstract provided.

Oregon Trial Practice, Oregon Law Institute, William Gaylord, Robert A. Shlachter, Janet Lee Hoffman, Robert J. Neuberger, Billy M. Sime, Gregory R. Mowe, David B. Markowitz, Bruce C. Hamlin

Oregon Law Institute, 1997

Course Materials from the April 11, 1997 Program in Portland

Spoliation Of Evidence In Illinois: The Law After Boyd V. Traveler's Insurance Co., Margaret O'Mara Frossard Hon., Neal S. Gainsberg

Loyola University Chicago Law Journal

No abstract provided.

Pink Elephants In The Rape Trial: The Problem Of Tort-Type Defenses In The Criminal Law Of Rape, Aya Gruber

Publications

No abstract provided.

Dealing With Evidentiary Deficiency, Richard D. Friedman

Articles

Lack of information distorts litigation. Claims or defenses that a party might prove easily, or that might even be undisputed, in a world of perfect information can be difficult or impossible to prove in the real world of imperfect information. Some information deficiencies are inevitable, at least in the sense that we could not eliminate them without incurring undue social costs. In some cases, however, a person's conduct may have caused the deficiency. More generally, the person may have had available a reasonable alternative course of conduct that would have eliminated, or at least mitigated, the deficiency. Ariel Porat and …

Preventing The Discovery Of Plaintiff Genetic Profiles By Defendants Seeking To Limit Damages In Personal Injury Litigation, Mark A. Rothstein

Indiana Law Journal

No abstract provided.

State Of The Art In Montana Products Liability Law, Carl W. Tobias

Law Faculty Publications

The United States District Court for the District of Montana recently certified an important question of products liability law to the Montana Supreme Court. United States Senior District Judge Paul J. Hatfield certified the following question:

In a strict products liability case for injuries caused by an inherently unsafe product, is the manufacturer conclusively presumed to know the dangers inherent in his product, or is stateof- the-art evidence admissible to establish whether the manufacturer knew or through the exercise of reasonable human foresight should have known of the danger?

Because the issue of the admissibility of state-of-the-art evidence in a …

"Other Accident" Evidence In Product Liability Actions: Highly Probative Or An Accident Waiting To Happen?, Robert A. Sachs

Oklahoma Law Review

No abstract provided.

Evidence: Facing The Hardest Issues, Oregon Law Institute, Paula A. Barran, Laird C. Kirkpatrick, Christopher B. Mueller

Oregon Law Institute, 1995

Course Materials from the November 17, 1995 Program in Portland

The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker

Akron Law Faculty Publications

No abstract provided.

Techniques And Tactics In Personal Injury Trials, Oregon Law Institute, Jodie Anne Bushman, Jeffrey S. Mutnick, Frank A. Moscato, Stephen F, English, Bruce R. Powell, Robert D. Dames Jr., Diana I. Stuart, Gerald C. Doblie, Craig C. Murphy, Judy D. Snyder

Oregon Law Institute, 1995

Course Materials from the April 14, 1995 Program in Portland

Evidentiary Use (And Misuse) Of The Civil Defendant's Financial Status, Karen M. Grundy

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Table Of Contents - Cardozo Law Review, Volume 15, Issues 6-7

Cardozo Law Review

No abstract provided.

Federal Rule Of Evidence 407 As Applied To Products Liability: A Rule In Need Of Remedial Measures, Michele B. Colodney

University of Miami Law Review

No abstract provided.

World-Wide Volkswagen V. Woodson-The Rest Of The Story, Charles Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Osha Evidence In Federal Court Products Liability Actions: Too Prejudicial To Be Admissible To Prove A Machine's Safety Or Defect, Or Simply Additional Evidence For The Fact Finder?, Michael Siris

Touro Law Review

No abstract provided.

Toxic Torts - Evidence - Third Circuit Recognizes Medical Monitoring Tort And Makes Significant Rulings Concerning Expert Testimony In Toxic Tort Cases, Noel C. Birle

Villanova Law Review (1956 - )

No abstract provided.

Meta-Evidence: Do We Need It?, Christopher B. Mueller

Publications

No abstract provided.

Hear No Evil, See No Evil: A Comment On Professor Nesson’S Claims About Evidence Suppression, Dale A. Nance

Cardozo Law Review

No abstract provided.

Incentives To Spoliate Evidence In Civil Litigation: The Need For Vigorous Judicial Action, Charles R. Nesson

Cardozo Law Review

No abstract provided.

Professor Weinrib's Coherence, Alan Brudner

Cardozo Law Review

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Contingent Fees Without Contingencies: Hamlet Without The Prince Of Demark?, Lester Brickman

Articles

According to conventional wisdom virtually all contingent fee percentages exceeding fifty percent are illegal and excessive, but most lower percentages are valid. This Article challenges the conventional wisdom, an amalgam of the unassailability of the standard one-third rate, notions of fairness versus price gouging, lawyer effort versus lawyer' reward, and the right of a lawyer to contract freely for a fee. It advances instead two propositions for determining the legitimacy of contingent fees. The first is that for a contingent fee to be valid, there must be an actual contingency, which means a realistic risk of nonrecovery. Though this proposition …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Lying On The Stand Won't Cost You A Dime:Should Courts Recognize A Civil Action Intort For Perjury?

Washington and Lee Law Review

No abstract provided.

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

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.

Insurance Co. Of North America V. Pasakarnis, 451 So. 2d 447 (Fla. 1984), David M. Shapiro

Florida State University Law Review

Torts/Evidence-SEAT BELT DEFENSE-WHETHER THEY KNOW IT OR NOT, FLORIDA MOTORISTS MUST "BUCKLE UP" OR RISK LOSS OF FULL RECOVERY

Admissibility Of Written Standards As Evidence Of The Standard Of Care In Medical And Hospital Negligence Actions In Virginia, Gwen M. Schockemoehl

University of Richmond Law Review

The standard of care in a medical negligence action represents the duty which the defendant physician, nurse, hospital or other health care provider owes to the patient. In Virginia, it is that degree of care and skill possessed by the reasonably prudent practitioner of the same specialty in this state. This standard is an elusive one at best. While learned treatises and journal articles assist in determining the standard, in practice the plaintiff offers experts who state, based on their knowledge, training, and experience that the standard of care requires the defendant to provide a particular type of care which …

State Of The Art Evidence Admissible To Rebut Evidence Of Feasible Design Alternatives., Patricia Mary Mcentee

St. Mary's Law Journal

Abstract Forthcoming.