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Articles 1 - 30 of 106
Full-Text Articles in Evidence
Should Judges Convict Based On Their Speculations Of Guilt?, Doron Menashe, Eyal Gruner
Should Judges Convict Based On Their Speculations Of Guilt?, Doron Menashe, Eyal Gruner
Buffalo Public Interest Law Journal
No abstract provided.
Neuromarks, Mark Bartholomew
Neuromarks, Mark Bartholomew
Journal Articles
This Article predicts trademark law’s impending neural turn. A growing legal literature debates the proper role of neuroscientific evidence. Yet outside of criminal law, analysis of neuroscientific evidence in the courtroom has been lacking. This is a mistake given that most of the applied research into brain function focuses on building better brands, not studies of criminal defendants’ grey matter. Judges have long searched for a way to measure advertising’s psychological hold over consumers. Advertisers already use brain imaging to analyze a trademark’s ability to stimulate consumer attention, emotion, and memory. In the near future, businesses will offer a neural …
Exorcising The Clergy Privilege, Christine P. Bartholomew
Exorcising The Clergy Privilege, Christine P. Bartholomew
Journal Articles
This Article debunks the empirical assumption behind the clergy privilege, the evidentiary rule shielding confidential communications with clergy. For over a century, scholars and the judiciary have assumed generous protection is essential to foster and encourage spiritual relationships. Accepting this premise, all fifty states and the District of Columbia have adopted virtually absolute privilege statutes. To test this assumption, this Article distills data from over 700 decisions — making it the first scholarship to analyze state clergy privilege jurisprudence exhaustively. This review finds a privilege in decline: courts have lost faith in the privilege. More surprisingly, though, so have clergy. …
The Last Days Of Social Security Disability: How The Social Security Administration's Policies On The Submission Of Adverse Evidence And Non-Attorney Representation Have Contributed To Its Institutional Failure, Thomas Katsiotas
Buffalo Law Review
No abstract provided.
Weakness In Numbers: A Brief Introduction, Ryan G. Ganzenmuller, Matthew A. Eldred
Weakness In Numbers: A Brief Introduction, Ryan G. Ganzenmuller, Matthew A. Eldred
Buffalo Law Review
No abstract provided.
The Lack Of Deference To Medical Opinions In Adjudicating Social Security Disability Claims, Amrita Maharaj
The Lack Of Deference To Medical Opinions In Adjudicating Social Security Disability Claims, Amrita Maharaj
Buffalo Law Review
No abstract provided.
P-Values, Priors, And Procedure In Antidiscrimination Law, Jason R. Bent
P-Values, Priors, And Procedure In Antidiscrimination Law, Jason R. Bent
Buffalo Law Review
No abstract provided.
Snap And Destroy: Preservation Issues For Ephemeral Communications, Ryan G. Ganzenmuller
Snap And Destroy: Preservation Issues For Ephemeral Communications, Ryan G. Ganzenmuller
Buffalo Law Review
No abstract provided.
Death By Daubert: The Continued Attack On Private Antitrust, Christine P. Bartholomew
Death By Daubert: The Continued Attack On Private Antitrust, Christine P. Bartholomew
Journal Articles
In 2011, with five words of dicta, the Supreme Court opened Pandora’s box for private antitrust enforcement. By suggesting trial courts must evaluate the admissibility of expert testimony at class certification, the Court placed a significant obstacle in the path of antitrust class actions. Following the Supreme Court’s lead, most courts now permit parties to bring expert challenges far earlier than the traditional summary judgment or pretrial timing. Premature rejection of expert testimony dooms budding private antitrust suits — cases that play an essential role in modern antitrust enforcement. The dangers for private antitrust plaintiffs are compounded by the Court’s …
The Reliability And Admissibility Of Fingerprint And Bitemark Analyses, David Chandler
The Reliability And Admissibility Of Fingerprint And Bitemark Analyses, David Chandler
Buffalo Public Interest Law Journal
No abstract provided.
Sana Crítica: The System For Weighing Evidence Utilized By The Inter-American Court Of Human Rights, Álvaro Paúl
Sana Crítica: The System For Weighing Evidence Utilized By The Inter-American Court Of Human Rights, Álvaro Paúl
Buffalo Human Rights Law Review
The Spanish version of the case law of the Inter-American Court of Human Rights often states that this tribunal's as- sessment of evidence is ruled by saia crilica, a notion which has received several translations in the English ver- sion of the Court's case law. This concept has a clear mean- ing in the Hispanic civil law tradition. Sana critica is a system for evaluating the weight of evidence whereby a court or tribunal is not constrained by the evidentiary rules of legal proo but must judge in accordance with the rules of logic and experience, and state the grounds …
Pleading And Proving Foreign Law In The Age Of Plausibility Pleading, Roger M. Michalski
Pleading And Proving Foreign Law In The Age Of Plausibility Pleading, Roger M. Michalski
Buffalo Law Review
No abstract provided.
Problems At Daubert: Expert Testimony In Title Vii Sex Discrimination And Sexual Harassment Litigation, Harriet M. Antczak
Problems At Daubert: Expert Testimony In Title Vii Sex Discrimination And Sexual Harassment Litigation, Harriet M. Antczak
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
United States V. Blazier – So Exactly Who Needs An Invitation To The Dance, David Coombs
United States V. Blazier – So Exactly Who Needs An Invitation To The Dance, David Coombs
Other Scholarship
No abstract provided.
Why Modern Evidence Law Lacks Credibility, Daniel D. Blinka
Why Modern Evidence Law Lacks Credibility, Daniel D. Blinka
Buffalo Law Review
No abstract provided.
Uncharged Misconduct - The Edge Is Never Dull, David Coombs
Uncharged Misconduct - The Edge Is Never Dull, David Coombs
Other Scholarship
No abstract provided.
Between Rock And A Hard Place: Polygraph Prejudice Persists After Scheffer, Robin D. Barovick
Between Rock And A Hard Place: Polygraph Prejudice Persists After Scheffer, Robin D. Barovick
Buffalo Law Review
No abstract provided.
Taslitz's Proposal For The Use Of Feminist Evidence Law In The Courtroom, Harvey Gee
Taslitz's Proposal For The Use Of Feminist Evidence Law In The Courtroom, Harvey Gee
Buffalo Women's Law Journal
Book review of Andrew Taslitz's Rape and the Culture of the Courtroom
Guarding The Gate To The Courthouse: How Trial Judges Are Using Their Evidentiary Screening Role To Remake Tort Causation Rules, Lucinda M. Finley
Guarding The Gate To The Courthouse: How Trial Judges Are Using Their Evidentiary Screening Role To Remake Tort Causation Rules, Lucinda M. Finley
Journal Articles
The article looks at what trial judges are actually doing in toxic tort cases in the post-Daubert world; it reviews and critiques cases in which judges have in effect adopted a new rule of causation law that requires plaintiffs to rely on epidemiology, and in particular epidemiology that demonostrates an increase in relative risk of 2.0 or greater; the article considers the substantive as well as the normative implications of this legal treatment of epidemiology.
A "Delicate And Difficult Task": Balancing The Competing Interests Of Federal Rule Of Evidence 612, The Work Product Doctrine, And The Attorney-Client Privilege, Daisy Hurst Floyd
A "Delicate And Difficult Task": Balancing The Competing Interests Of Federal Rule Of Evidence 612, The Work Product Doctrine, And The Attorney-Client Privilege, Daisy Hurst Floyd
Buffalo Law Review
No abstract provided.
Abandoning New York's "General Acceptance" Requirement: Redesigning Proposed Rule Of Evidence 702(B) After Daubert V. Merrell Dow Pharmaceuticals, Inc., Stuart J. Graham
Abandoning New York's "General Acceptance" Requirement: Redesigning Proposed Rule Of Evidence 702(B) After Daubert V. Merrell Dow Pharmaceuticals, Inc., Stuart J. Graham
Buffalo Law Review
No abstract provided.
Evidence Of Religion And The Religion Of Evidence, Michael Ariens
Evidence Of Religion And The Religion Of Evidence, Michael Ariens
Buffalo Law Review
No abstract provided.
The Admissibility Of Expert Testimony On Interracial Conflict In New York State Self-Defense Cases, Jay Lippman
The Admissibility Of Expert Testimony On Interracial Conflict In New York State Self-Defense Cases, Jay Lippman
In the Public Interest
No abstract provided.
The Exclusionary Rule: Not The "Expressed Juice Of The Woolly-Headed Thistle", Keith A. Fabi
The Exclusionary Rule: Not The "Expressed Juice Of The Woolly-Headed Thistle", Keith A. Fabi
Buffalo Law Review
No abstract provided.
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.
Hypnotically Refreshed Testimony: In Support Of The Emerging Majority And People V. Hughes, Paul G. Harnisch
Hypnotically Refreshed Testimony: In Support Of The Emerging Majority And People V. Hughes, Paul G. Harnisch
Buffalo Law Review
No abstract provided.
Weight Versus Sufficiency Of Evidence: Tibbs V. Florida, Thomas S. Ginter
Weight Versus Sufficiency Of Evidence: Tibbs V. Florida, Thomas S. Ginter
Buffalo Law Review
No abstract provided.
Federal Habeas Corpus And The Mapp Exclusionary Rule After Stone V. Powell, Philip Halpern
Federal Habeas Corpus And The Mapp Exclusionary Rule After Stone V. Powell, Philip Halpern
Journal Articles
No abstract provided.
The Permissibility Of Impeaching An Alibi Witness With Evidence Of His Pre-Trial Silence: The New York Court Of Appeals Decision In People V. Dawson, Brian T. Edwards
The Permissibility Of Impeaching An Alibi Witness With Evidence Of His Pre-Trial Silence: The New York Court Of Appeals Decision In People V. Dawson, Brian T. Edwards
Buffalo Law Review
No abstract provided.
Upjohn: A New Prescription For The Attorney-Client Privilege And Work Product Defenses In Administrative Investigations, Robert G. Nath
Upjohn: A New Prescription For The Attorney-Client Privilege And Work Product Defenses In Administrative Investigations, Robert G. Nath
Buffalo Law Review
No abstract provided.