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Touro University Jacob D. Fuchsberg Law Center

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Articles 1 - 30 of 137

Full-Text Articles in Evidence

From Victim To Defendant: Battered Woman Syndrome In Support Of Duress, Samantha Casimiro Jan 2026

From Victim To Defendant: Battered Woman Syndrome In Support Of Duress, Samantha Casimiro

Journal of Race, Gender, and Ethnicity

Section I of this article will discuss the origin and phases of BWS as well as its designation as a subcategory of Post-Traumatic Stress Disorder (hereinafter PTSD) and discuss the prevalence of domestic violence in our society. Section II will layout the elements of a duress defense and analyze the objective reasonableness standard as compared to the subjective reasonableness standard used in other defenses, such as self-defense, explaining that there is a level of subjectiveness that must be considered regardless of the applicable approach. Section III will analyze cases and opinions of the federal circuit courts that support the admission …


From Victim To Villain: How Gendered Narratives Shape Drug Courier Trials, Serafina C. Russo Jan 2026

From Victim To Villain: How Gendered Narratives Shape Drug Courier Trials, Serafina C. Russo

Journal of Race, Gender, and Ethnicity

This article examines how gendered stereotypes, coercive trafficking dynamics, and permissive evidentiary practices create systemic bias in criminal prosecutions of women, particularly in drug trafficking cases. It highlights how courts often allow expert testimony and generalized narratives that blur neutral analysis with character judgment, inviting jurors to rely on cultural assumptions rather than objective facts. The “blind mule” phenomenon demonstrates the human cost, disproportionately affecting women from marginalized backgrounds, and reflects violations of due process and the presumption of innocence. The article argues for judicial and legislative reforms, including rigorous enforcement and clarification of Rule 704(b), to prevent stereotypes from …


Command And Consequence: Reassessing King David’S Military Decisions In The Uriah Affair – A Legal And Ethical Analysis In The Context Of Modern Legal Theory, Jonathan Hasson, Oded Mudrik, Abraham Tennenbaum Jan 2025

Command And Consequence: Reassessing King David’S Military Decisions In The Uriah Affair – A Legal And Ethical Analysis In The Context Of Modern Legal Theory, Jonathan Hasson, Oded Mudrik, Abraham Tennenbaum

Touro Law Review

This study critically reevaluates King David's command in 2 Samuel 11 and 12 to place Uriah the Hittite in the battle's frontlines, resulting in his death, through the contemporary lens of military law and ethics. By juxtaposing the ancient narrative with modern legal doctrines, it investigates the complexities of command responsibility and the intersection of personal motives in military orders. Focusing on the interplay between David's personal entanglements with Bathsheba and his official capacity as a military leader, the analysis navigates the ethical quandaries and legal ramifications of his decisions. This piece methodically dissects the Biblical text and contemporaneous legal …


“Digital Integrity”: Defending The Judicial Integrity In The Digital Age, Guy Alon, Doron Menashe, Guy Itzhak Sender Jan 2025

“Digital Integrity”: Defending The Judicial Integrity In The Digital Age, Guy Alon, Doron Menashe, Guy Itzhak Sender

Touro Law Review

Recent revelations have shown that the protection of the Fourth Amendment in the digital age is inadequate. Despite well-known exclusionary rules regarding evidence obtained by illegal search and seizure, current trends in the digital age and the law of evidence resulted in courts that tend to include such evidence, and by doing so, create significant risk of both substantive and procedural errors and hence increase the potential for wrongful convictions. To address the matter and try to empower and modernize the protection given by the Fourth Amendment, this article suggests performing a revolution in the law of evidence in the …


Variable Standards: How Many Uninjured Class Members Are Acceptable?, Tom Flesher Jan 2025

Variable Standards: How Many Uninjured Class Members Are Acceptable?, Tom Flesher

Touro Law Review

Purchasers of canned tuna filed a class action against tuna producers after a price-fixing scheme raised prices above competitive levels. To be certified, a class must include only members who have suffered an injury, in this case by paying a higher price than they would have in the absence of price-fixing, but it was difficult to identify which plaintiffs were uninjured and should be excluded. Dueling statistical models failed to resolve this uncertainty, with one model suggesting up to one in every three class members was not injured at all. The Ninth Circuit nonetheless allowed this class to be certified, …


The False Evidence Ploy: A Coercive, Not Just Deceptive, Police Tactic, Alexa D. Sondey Jan 2025

The False Evidence Ploy: A Coercive, Not Just Deceptive, Police Tactic, Alexa D. Sondey

Touro Law Review

Why would people confess to a crime they did not commit? It may seem hard to imagine that an innocent person would confess but as this Note will show, false confessions are a real and serious issue. One cause of false confessions is the False Evidence Ploy - a police interrogation tactic where police falsely tell a suspect they have some sort of incriminating evidence against them. This Note argues that the Ploy is psychological coercion, as it may cause innocent suspects to believe they actually committed the crime and then confess. N.Y. Bill S324A presented a solution, banning the …


You Get The Jury You Get And You Don’T Throw A Fit, Taurus Myhand Jan 2025

You Get The Jury You Get And You Don’T Throw A Fit, Taurus Myhand

Scholarly Works

The proliferation of deepfake videos has resulted in rapid improvements in the technology used to create them. Although the use of fake videos and images is not new, advances in artificial intelligence have made deepfakes easier to make and harder to detect. Basic human perception is no longer sufficient to detect deepfakes. Yet, under the current construction of the Federal Rules of Evidence, trials judges are expected to do just that. Trial judges face a daunting challenge when applying the current evidence authentication standards to video evidence in this new reality of widely available deepfake videos. This article examines the …


A Conviction In Jeopardy: The Mysterious Case Against Scott Peterson, Jolie Bodner Zangari Jan 2025

A Conviction In Jeopardy: The Mysterious Case Against Scott Peterson, Jolie Bodner Zangari

Scholarly Works

No abstract provided.


The Jury Does Not Always Need Help From Lay Opinion Witnesses, Taurus Myhand Jan 2025

The Jury Does Not Always Need Help From Lay Opinion Witnesses, Taurus Myhand

Scholarly Works

Who is the “reasonable person”? There is little doubt that every competent legal professional, both in law practice and in the academic setting, has spent a great deal of time attempting to define the reasonable person. “Reasonableness is largely a matter of common sense.” In police encounters, the definition is certainly important to the outcome of questionable police conduct. How the reasonable person is defined often determines whether a police officer has infringed on an individual’s Fourth Amendment guarantee to be secure in their person against unreasonable searches and seizures. As the narratives of the news media shape how some …


The Categorical Imperative: In Search Of The Mythical Perfect Privilege Log So Devoutly To Be Wished, Jared S. Sunshine Jan 2024

The Categorical Imperative: In Search Of The Mythical Perfect Privilege Log So Devoutly To Be Wished, Jared S. Sunshine

Touro Law Review

Though evidentiary privilege is amongst the most perplexing fields of the law, privilege logs are assuredly amongst the most vexing. With vastly increased discovery in the age of electronically stored information, the burdens incurred by individually articulating claims of privilege on every document have grown gargantuan. In desperate search of efficiencies, many commentators and courts have looked to “categorical” privilege logs that assert claims over generic groups of similar material rather than over each item seriatim. Disputes, however, have remained distressingly acrimonious, as these new categorical logs have proven no cure-all for the fundamental divergence of interests between litigants in …


Recent Reads, Jolie Zangari Jan 2024

Recent Reads, Jolie Zangari

Scholarly Works

No abstract provided.


Once The Jury Sees It, The Jury Can’T Unsee It: The Challenge Trial Judges Face When Authenticating Video Evidence In The Age Of Deepfakes, Taurus Myhand Jan 2023

Once The Jury Sees It, The Jury Can’T Unsee It: The Challenge Trial Judges Face When Authenticating Video Evidence In The Age Of Deepfakes, Taurus Myhand

Scholarly Works

The proliferation of deepfake videos has resulted in rapid improvements in the technology used to create them. Although the use of fake videos and images are not new, advances in artificial intelligence have made deepfakes easier to make and harder to detect. Basic human perception is no longer sufficient to detect deepfakes. Yet, under the current construction of the Federal Rules of Evidence, trials judges are expected to do just that. Trial judges face a daunting challenge when applying the current evidence authentication standards to video evidence in this new reality of widely available deepfake videos. This article examines the …


Limiting Limited Liability: Requiring More Than Mere Subsequence Under Federal Rule Of Evidence 407, Cynara Hermes Mcquillan Dec 2022

Limiting Limited Liability: Requiring More Than Mere Subsequence Under Federal Rule Of Evidence 407, Cynara Hermes Mcquillan

Scholarly Works

Rule 407 of the Federal Rules of Evidence, the “Subsequent Remedial Measures” Rule, is troubling. This exclusionary rule of evidence prohibits using subsequent remedial measures to demonstrate negligence, culpable conduct, or product defect. But, other than in the title of the rule, the phrase “subsequent remedial measures” does not appear anywhere in the rule’s text and the rule itself does not expressly define what measures fall within its purview. This omission creates space for different judicial interpretations of the rule’s language and ultimately disparate judicial outcomes. Although the Federal Rules of Evidence lend themselves to fact-specific inquiries that can lead …


Requiring What’S Not Required: Circuit Courts Are Disregarding Supreme Court Precedent And Revisiting Officer Inadvertence In Cyberlaw Cases, Michelle Zakarin Jan 2022

Requiring What’S Not Required: Circuit Courts Are Disregarding Supreme Court Precedent And Revisiting Officer Inadvertence In Cyberlaw Cases, Michelle Zakarin

Scholarly Works

As the age of technology has taken this country by surprise and left us with an inability to formally prepare our legal system to incorporate these advances, many courts are forced to adapt by applying pre-technology rules to new technological scenarios. One illustration is the plain view exception to the Fourth Amendment. Recently, the issue of officer inadvertence at the time of the search, a rule that the United States Supreme Court has specifically stated is not required in plain view inquiries, has been revisited in cyber law cases. It could be said that the courts interested in the existence …


Herman Melville’S Billy Budd: Why This Classic Law And Literature Novel Endures And Is Still Relevant Today, Rodger Citron Jan 2020

Herman Melville’S Billy Budd: Why This Classic Law And Literature Novel Endures And Is Still Relevant Today, Rodger Citron

Touro Law Review

No abstract provided.


In General Public Use: An Unnecessary Test In Fourth Amendment Searches Using Advanced Sensing Technology, Mike Petridis Jan 2020

In General Public Use: An Unnecessary Test In Fourth Amendment Searches Using Advanced Sensing Technology, Mike Petridis

Touro Law Review

No abstract provided.


Due Process People V. Scott (Decided June 5, 1996) Jul 2019

Due Process People V. Scott (Decided June 5, 1996)

Touro Law Review

No abstract provided.


Diamonds In The Rough: A Review Of Tiffany V. Costco And A Call To Apply Daubert To The Admissibility Of Consumer Survey Evidence In Trademark Infringement Litigation, Michael J. Borger Jan 2018

Diamonds In The Rough: A Review Of Tiffany V. Costco And A Call To Apply Daubert To The Admissibility Of Consumer Survey Evidence In Trademark Infringement Litigation, Michael J. Borger

Touro Law Review

No abstract provided.


Whether The Bright-Line Cut-Off Rule And The Adversarial Expert Explanation Of Adaptive Functioning Exacerbates Capital Juror Comprehension Of The Intellectual Disability, Leona Deborah Jochnowitz Jan 2018

Whether The Bright-Line Cut-Off Rule And The Adversarial Expert Explanation Of Adaptive Functioning Exacerbates Capital Juror Comprehension Of The Intellectual Disability, Leona Deborah Jochnowitz

Touro Law Review

No abstract provided.


Why Not Believe Women In Sexual Assault Cases?: An Engagement With Professors Tuerkheimer, Colb, And Many Others, Dan Subotnik Jan 2018

Why Not Believe Women In Sexual Assault Cases?: An Engagement With Professors Tuerkheimer, Colb, And Many Others, Dan Subotnik

Touro Law Review

No abstract provided.


Will The Jury System Survive The Peña-Rodriguez Exception To Rule 606(B)?: The Court’S Response To Racial Discrimination By A Juror Leaves The Future Of The American Jury Trial System In Jeopardy, Taurus Myhand Jan 2018

Will The Jury System Survive The Peña-Rodriguez Exception To Rule 606(B)?: The Court’S Response To Racial Discrimination By A Juror Leaves The Future Of The American Jury Trial System In Jeopardy, Taurus Myhand

Scholarly Works

The enforcement of no-impeachment rules has been a long-standing tradition in the United States preventing jurors from offering testimony as to impeach their own verdict. In March 2017, the Supreme Court changed course from centuries of jurisprudence and superseded the Federal Rules of Evidence with a new exception to Rule 606(b) in the Court’s decision in Peña-Rodriguez v. Colorado. The Court’s effort to “root out” racial bias in the justice system resulted in the debunking of the legislative authority granted to the Congress while creating an exception that does little, if anything, toward eliminating racial bias during jury deliberations. In …


That's What She Said: An Evaluation Of Whether Hearsay Exceptions Should Be Permitted In Accusatory Instruments, Andrea Laterza Jan 2017

That's What She Said: An Evaluation Of Whether Hearsay Exceptions Should Be Permitted In Accusatory Instruments, Andrea Laterza

Touro Law Review

No abstract provided.


Billy Joel: The Minstrel Testifies Or How The Rules Of Evidence Handcuff The Piano Man, Hon. Richard A. Dollinger Apr 2016

Billy Joel: The Minstrel Testifies Or How The Rules Of Evidence Handcuff The Piano Man, Hon. Richard A. Dollinger

Touro Law Review

No abstract provided.


"Gatekeeping" Agency Reliance On Scientific And Technical Materials After Daubert: Ensuring Relevance And Reliability In The Administrative Process, Paul S. Miller, Bert W. Rein Mar 2016

"Gatekeeping" Agency Reliance On Scientific And Technical Materials After Daubert: Ensuring Relevance And Reliability In The Administrative Process, Paul S. Miller, Bert W. Rein

Touro Law Review

No abstract provided.


Common Ignorance: Medical Malpractice Law And The Misconceived Application Of The “Common Knowledge” And “Res Ipsa Loquitur” Doctrines, Amanda E. Spinner Jul 2015

Common Ignorance: Medical Malpractice Law And The Misconceived Application Of The “Common Knowledge” And “Res Ipsa Loquitur” Doctrines, Amanda E. Spinner

Touro Law Review

No abstract provided.


Determining When Extrinsic Evidence Not Attached To Or Incorporated By Reference In A Pleading May Be Considered On A Rule 12 Dismissal Motion, Laurence A. Steckman, Rita D. Turner Mar 2015

Determining When Extrinsic Evidence Not Attached To Or Incorporated By Reference In A Pleading May Be Considered On A Rule 12 Dismissal Motion, Laurence A. Steckman, Rita D. Turner

Touro Law Review

No abstract provided.


The Psychotherapist-Patient Privilege, Michael L. Orenstein Dec 2014

The Psychotherapist-Patient Privilege, Michael L. Orenstein

Touro Law Review

No abstract provided.


Supreme Court's Analysis Of Issues Raised By Death Penalty Litigants In The Court's 2004 Term, Richard Klein Dec 2014

Supreme Court's Analysis Of Issues Raised By Death Penalty Litigants In The Court's 2004 Term, Richard Klein

Touro Law Review

No abstract provided.


Shield Law - The Qualified Privilege Of Newscasters & Journalists In Non-Confidential News - Court Of Appeals Of New York - People V. Combest, 828 N.E.2d 583 (N.Y. 2005), Albert V. Messina Jr. Nov 2014

Shield Law - The Qualified Privilege Of Newscasters & Journalists In Non-Confidential News - Court Of Appeals Of New York - People V. Combest, 828 N.E.2d 583 (N.Y. 2005), Albert V. Messina Jr.

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, In The Matter Of Nassau County Grand Jury Subpoena Duces Tecum Dated June 24, 2003 "Doe Law Firm" V. Spitzer, Christin Harris Nov 2014

Court Of Appeals Of New York, In The Matter Of Nassau County Grand Jury Subpoena Duces Tecum Dated June 24, 2003 "Doe Law Firm" V. Spitzer, Christin Harris

Touro Law Review

No abstract provided.