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Articles 61 - 80 of 80

Full-Text Articles in Evidence

The 'High Crime Area' Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis, Andrew Ferguson, Damien Bernache Jan 2008

The 'High Crime Area' Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis, Andrew Ferguson, Damien Bernache

Scholarly Articles in Law Reviews & Journals

This article proposes a legal framework to analyze the "high crime area" concept in Fourth Amendment reasonable suspicion challenges.Under existing Supreme Court precedent, reviewing courts are allowed to consider that an area is a "high crime area" as a factor to evaluate the reasonableness of a Fourth Amendment stop. See Illinois v. Wardlow, 528 U.S. 119 (2000). However, the Supreme Court has never defined a "high crime area" and lower courts have not reached consensus on a definition. There is no agreement on what a "high-crime area" is, whether it has geographic boundaries, whether it changes over time, whether it …


Evolving Evidentiary Needs: A Neglected Responsibility, Paul Rice Jan 2006

Evolving Evidentiary Needs: A Neglected Responsibility, Paul Rice

Scholarly Articles in Law Reviews & Journals

No abstract provided.


I Am Certain He Is The Man...I Think, Tim Harris Jan 2006

I Am Certain He Is The Man...I Think, Tim Harris

The Modern American

No abstract provided.


Procuring The Right To An Unfair Trial: Federal Rule Of Evidence 804(B)(6) And The Due Process Implications Of The Rule's Failure To Require Standards Of Reliability For Admissible Evidence, Kelly Rutan Jan 2006

Procuring The Right To An Unfair Trial: Federal Rule Of Evidence 804(B)(6) And The Due Process Implications Of The Rule's Failure To Require Standards Of Reliability For Admissible Evidence, Kelly Rutan

American University Law Review

This Comment argues that though the doctrine of forfeiture by wrongdoing allows a court to forfeit both a defendant’s right to object to the admission of hearsay statements and the right of confrontation, the current state of the law requires all out-of-court statements admitted under Rule 804(b)(6) to possess some level of reliability in order to satisfy due process. Part I of this Comment discusses the doctrine of forfeiture by wrongdoing, the courts’ treatment of this principle prior to 1997, and its codification into the Federal Rules of Evidence. Part II looks at Confrontation Clause issues unique to hearsay exceptions …


Evidence Destroyed, Innocence Lost: The Preservation Of Biological Evidence Under Innocence Protection Statutes, Cynthia Jones Jan 2005

Evidence Destroyed, Innocence Lost: The Preservation Of Biological Evidence Under Innocence Protection Statutes, Cynthia Jones

Scholarly Articles in Law Reviews & Journals

No abstract provided.


2003 Trademark Law Decisions Of The Federal Circuit, Roberta Horton, Catherine Rowland Apr 2004

2003 Trademark Law Decisions Of The Federal Circuit, Roberta Horton, Catherine Rowland

American University Law Review

No abstract provided.


Back To The Future With Privileges Abandon Codification, Not The Common Law, Paul Rice Jan 2004

Back To The Future With Privileges Abandon Codification, Not The Common Law, Paul Rice

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The Central Park Five, The Scottsboro Boys, And The Myth Of The Bestial Black Man, N. Jeremi Duru Jan 2004

The Central Park Five, The Scottsboro Boys, And The Myth Of The Bestial Black Man, N. Jeremi Duru

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Peer Dialogue: The Quagmire Of Scientific Expert Testimony: Crumping The Supreme Court's Style, Paul Rice Jan 2003

Peer Dialogue: The Quagmire Of Scientific Expert Testimony: Crumping The Supreme Court's Style, Paul Rice

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Testimony , Antoinette Sedillo Lopez Jan 1999

Testimony , Antoinette Sedillo Lopez

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Why The Wto Should Require The Application Of The Evidentiary Threshold Requirement In Antidumping Investigations Tara Gingerich , Tara Gingerich Oct 1998

Why The Wto Should Require The Application Of The Evidentiary Threshold Requirement In Antidumping Investigations Tara Gingerich , Tara Gingerich

American University Law Review

No abstract provided.


The Negative Effects Of Expert Testimony On The Battered Women's Syndrome, Pamela Posch Jan 1998

The Negative Effects Of Expert Testimony On The Battered Women's Syndrome, Pamela Posch

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Beating The Prisoner At Prisoner's Dilemma: The Evidentiary Value Of A Witness's Refusal To Testify , Russell Dean Covey Oct 1997

Beating The Prisoner At Prisoner's Dilemma: The Evidentiary Value Of A Witness's Refusal To Testify , Russell Dean Covey

American University Law Review

No abstract provided.


Jaffee V. Redmond: Towards Recognition Of A Federal Counselor-Battered Woman Privilege, Fernando Laguarda, Michael B. Bressman Jan 1997

Jaffee V. Redmond: Towards Recognition Of A Federal Counselor-Battered Woman Privilege, Fernando Laguarda, Michael B. Bressman

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The Proposed Amendment To Federal Rule Of Evidence 407: A Subsequent Remedial Measure That Does Not Fix The Problem , Thais L. Richardson Jun 1996

The Proposed Amendment To Federal Rule Of Evidence 407: A Subsequent Remedial Measure That Does Not Fix The Problem , Thais L. Richardson

American University Law Review

No abstract provided.


Classical Rhetoric, Practical Reasoning, And The Law Of Evidence , Eileen A. Scallen Jan 1995

Classical Rhetoric, Practical Reasoning, And The Law Of Evidence , Eileen A. Scallen

American University Law Review

No abstract provided.


The Admission Of Hearsay Evidence Where Defedant Misconduct Causes The Unavailability Of A Prosecution Witness, Paul T. Markland Jan 1994

The Admission Of Hearsay Evidence Where Defedant Misconduct Causes The Unavailability Of A Prosecution Witness, Paul T. Markland

American University Law Review

No abstract provided.


Two Sherman Act Section 1 Dilemmas: Parallel Pricing, The Oligopoly Problem, And Contemporary Economic Theory, Jonathan Baker Jan 1993

Two Sherman Act Section 1 Dilemmas: Parallel Pricing, The Oligopoly Problem, And Contemporary Economic Theory, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross Jan 1993

Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Helping Jurors To Make Sense Of Expert Testimony, David Aaronson Jan 1989

Helping Jurors To Make Sense Of Expert Testimony, David Aaronson

Scholarly Articles in Law Reviews & Journals

Today's jurors frequently sit in trials where confusing and conflicting expert testimony is likely to be presented by sophisticated and highly trained individuals, using terminology unfamiliar to the average person. Proposals have been made and trial courts are experimenting with various procedures—none thoroughly evaluated— to improve jurors’ ability to cope with such testimony. My purpose here is to more clearly identify the problem and to review some of the reform proposals.