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Articles 151 - 180 of 374
Full-Text Articles in Evidence
Deregulating Guilt: The Information Culture Of The Criminal System, Alexandra Natapoff
Deregulating Guilt: The Information Culture Of The Criminal System, Alexandra Natapoff
Cardozo Law Review
The criminal system has an uneasy relationship with information. On the one hand, the criminal process is centrally defined by stringent evidentiary and information rules and a commitment to public transparency. On the other, largely due to the dominance of plea bargaining, criminal liability is determined by all sorts of unregulated, non-public information that never pass through the quality control of evidentiary, discovery, or other criminal procedure restrictions. The result is a process that generates determinations of liability that are often unmoored from systemic information constraints. This phenomenon is exemplified, and intensified, by the widespread use of criminal informants, or …
Self-Incrimination And The Epistemology Of Testimony, Michael S. Pardo
Self-Incrimination And The Epistemology Of Testimony, Michael S. Pardo
Cardozo Law Review
The Supreme Court's limitation of the privilege against self-incrimination to evidence of a testimonial nature has been controversial. The doctrinal reliance on a distinction between physical and testimonial evidence has proven difficult to apply in practice, and it has been criticized as being descriptively inaccurate, analytically incoherent, and normatively indefensible. This article offers a defense of the distinction on epistemological grounds. The philosophical focus on testimony as a source of knowledge provides some insight into what makes testimony distinct as an epistemic source. These considerations are used to provide a coherent and principled way to distinguish what evidence to treat …
The Right To Silence Helps The Innocent: A Response To Critics, Alex Stein
The Right To Silence Helps The Innocent: A Response To Critics, Alex Stein
Cardozo Law Review
This Article responds to the numerous critics of Daniel J Seidmann & Alex Stein, The Right to Silence Helps the Innocent: A Game-Theoretic Analysis of the Fifth Amendment Privilege, 114 HARV. L. REV. 430 (2000). Under Seidmann and Stein's theory, the right to silence protects innocents who find themselves unable to corroborate their self-exonerating accounts by verifiable evidence. Absent the right, guilty criminals would pool with innocents by making false self-exonerating statements. Factfinders would consequently discount the probative value of all uncorroborated exculpatory statements, at the expense of those innocents who cannot corroborate their true accounts. The right to …
Introduction: Wherefor The Privilege?, Kate Stith
Introduction: Wherefor The Privilege?, Kate Stith
Cardozo Law Review
No abstract provided.
Theorizing About Self-Incrimination, Ronald J. Allen
Theorizing About Self-Incrimination, Ronald J. Allen
Cardozo Law Review
No abstract provided.
Confessing In The Human Voice: A Defense Of The Privilege Against Selfincrimination, Andrew E. Taslitz
Confessing In The Human Voice: A Defense Of The Privilege Against Selfincrimination, Andrew E. Taslitz
Cardozo Public Law, Policy & Ethics Journal
The Fifth Amendment privilege against self-incrimination is a cornerstone of American constitutional law, yet it faces erosion through recent Supreme Court rulings and scholarly critiques. The article presents a novel defense of this privilege, focusing on the protection of the "literal voice" and "metaphorical voice," arguing that compelled speech uniquely harms dignity, identity, and autonomy. It critiques existing justifications as insufficient and proposes a framework rooted in social science and linguistic compulsion, emphasizing the privilege's role in preventing state overreach and safeguarding individual autonomy.
Haifa University V. Oz, Esther Hayut, Miriam Naor, Dorit Beinisch
Haifa University V. Oz, Esther Hayut, Miriam Naor, Dorit Beinisch
Translated Opinions
Facts: The petitioner employed respondents 1-3 (hereinafter – the respondents) as lecturers in the Theatre Department. Against the background of complaints concerning the management of the department, an Investigative Committee was established, which decided not to renew the employment of respondents 2-3 and to transfer respondent 1 to another department. The Regional Labour Court rejected the respondent's request to order the petitioner to provide them with all of the material relied upon by the Committee, including protocols and testimony, ruling that the material they had received sufficed to allow for an adequate response on the respondents' part to the claims. …
Detecting Lies Using Demeanor, Bias, And Context, Max Minzner
Detecting Lies Using Demeanor, Bias, And Context, Max Minzner
Cardozo Law Review
No abstract provided.
Substantial Evidence In The Law Of International Trade: Meaningful Judicial Review Of Antidumping Actions Or Perpetuation Of The Yo-Yo Effect?, Bryan A. Edens
Substantial Evidence In The Law Of International Trade: Meaningful Judicial Review Of Antidumping Actions Or Perpetuation Of The Yo-Yo Effect?, Bryan A. Edens
Cardozo Public Law, Policy & Ethics Journal
The note argues that the Court of International Trade (CIT) should have the authority to remand agency decisions with specific instructions to reach a judicially determined outcome, particularly in cases involving international trade disputes. This expanded role for the CIT is necessary to prevent unchecked executive discretion, address the inefficiencies of the "yoyo effect" (repeated remands between courts and agencies), and ensure the rule of law in international trade. The note critiques the current deferential standard of review and advocates for a more substantive and less formalistic approach to judicial review, particularly under the substantial evidence standard.
The Three Negations, Alain Badiou
The Source Of The Problem Of Sources: The First Amendment Fails The Fourth Estate, Joel M. Gora
The Source Of The Problem Of Sources: The First Amendment Fails The Fourth Estate, Joel M. Gora
Cardozo Law Review
No abstract provided.
Are Journalists Privileged?: Panel Discussion, Anthony Lewis, Max Frankel, Victor Kovner
Are Journalists Privileged?: Panel Discussion, Anthony Lewis, Max Frankel, Victor Kovner
Cardozo Law Review
No abstract provided.
A Reporter Keeping Confidences: More Important Than Ever, David Rudenstine
A Reporter Keeping Confidences: More Important Than Ever, David Rudenstine
Cardozo Law Review
No abstract provided.
Stray Remarks And Mixed-Motive Cases After Desert Palace V. Costa: A Proximity Test For Determining Minimal Causation, Ezra S. Greenberg
Stray Remarks And Mixed-Motive Cases After Desert Palace V. Costa: A Proximity Test For Determining Minimal Causation, Ezra S. Greenberg
Cardozo Law Review
No abstract provided.
Bilcare, Ksr, Presumptions Of Validity, Preliminary Relief, And Obviousness In Patent Law, Joshua D. Sarnoff
Bilcare, Ksr, Presumptions Of Validity, Preliminary Relief, And Obviousness In Patent Law, Joshua D. Sarnoff
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Katrina, Feminism, And Environmental Justice, Robert R.M. Verchick
Katrina, Feminism, And Environmental Justice, Robert R.M. Verchick
Cardozo Journal of Equal Rights & Social Justice
The article examines the disproportionate impact of Hurricane Katrina on marginalized communities, particularly African Americans and women, through the lens of feminist theory and environmental justice. It argues that the disaster's effects were not random but rather the result of systemic inequalities rooted in race, gender, and class. The analysis emphasizes the need to address these disparities in disaster response and recovery policies to ensure justice and equity for all.
The Antigone Dilemma: When The Paths Of Law And Morality Diverge, J. C. Oleson
The Antigone Dilemma: When The Paths Of Law And Morality Diverge, J. C. Oleson
Cardozo Law Review
No abstract provided.
Disparities Between Asbestosis And Silicosis Claims Generated By Litigation Screenings And Clinical Studies, Lester Brickman
Disparities Between Asbestosis And Silicosis Claims Generated By Litigation Screenings And Clinical Studies, Lester Brickman
Cardozo Law Review
No abstract provided.
Sarbanes-Oxley: The Evidence Regarding The Impact Of Sox 404, Robert Prentice
Sarbanes-Oxley: The Evidence Regarding The Impact Of Sox 404, Robert Prentice
Cardozo Law Review
No abstract provided.
Review And Oversight Of National Security Activities And Some Reflections On Canada's Arar Inquiry, Kent Roach
Review And Oversight Of National Security Activities And Some Reflections On Canada's Arar Inquiry, Kent Roach
Cardozo Law Review
No abstract provided.
Deterrence, Retributivism, And The Law Of Evidence, Richard A. Bierschbach, Alex Stein
Deterrence, Retributivism, And The Law Of Evidence, Richard A. Bierschbach, Alex Stein
Articles
Legal scholarship has long treated substantive criminal law and evidence as two separate and distinct fields. The former largely concerns itself with evaluating substantive criminal law rules by reference to various animating theories-most prominently, those of deterrence and retributivism.' Scholars, students, and policymakers laud or condemn doctrines based on notions of "just deserts" or ideas about the incentives they create for those disposed to commit a crime. When it comes to the numerous evidentiary and other rules that determine the course of prosecutions and proof, however, the conversation is different. Here, questions of reliability, evidential worth, and accuracy in fact-finding …
Mediating Rules In Criminal Law, Richard A. Bierschbach, Alex Stein
Mediating Rules In Criminal Law, Richard A. Bierschbach, Alex Stein
Articles
This Article challenges the conventional divide between substantive criminal law theory, on the one hand, and evidence law, on the other, by exposing an important and unrecognized function of evidence rules in criminal law. Throughout the criminal law, special rules of evidence work to mediate conflicts between criminal law's deterrence and retributivist goals. They do this by skewing errors in the actual application of the substantive criminal law to favor whichever theory has been disfavored by the substantive rule itself The mediating potential of evidentiary rules is particularly strong in criminal law because the substantive law's dominant animating theories-deterrence and …
The Source-Centric Framework To The Exclusionary Rule, Luke M. Milligan
The Source-Centric Framework To The Exclusionary Rule, Luke M. Milligan
Cardozo Law Review
No abstract provided.
Miranda Is Not Enough: A New Justification For Demanding "Strong Corroboration" To A Confession, Boaz Sangero
Miranda Is Not Enough: A New Justification For Demanding "Strong Corroboration" To A Confession, Boaz Sangero
Cardozo Law Review
No abstract provided.
Holistic Culpability, Kimberly Kessler Ferzan
Holistic Culpability, Kimberly Kessler Ferzan
Cardozo Law Review
No abstract provided.
The Conundrum Of Mental States: Substantive Rules And Evidence Combined, Keren Shapira-Ettinger
The Conundrum Of Mental States: Substantive Rules And Evidence Combined, Keren Shapira-Ettinger
Cardozo Law Review
No abstract provided.
Tripartite Structures Of Criminal Law In Germany And Other Civil Law Jurisdictions, Russell L. Christopher
Tripartite Structures Of Criminal Law In Germany And Other Civil Law Jurisdictions, Russell L. Christopher
Cardozo Law Review
No abstract provided.
Apology In The Context Of Wrongful Conviction: Why The System Should Say It's Sorry, Abigail Penzell
Apology In The Context Of Wrongful Conviction: Why The System Should Say It's Sorry, Abigail Penzell
Cardozo Journal of Conflict Resolution
The first section of this Note will discuss apology as a psychological tool to heal victims, offenders, and the community. The second section will examine the use of apology in analogous contexts to that of wrongful conviction. The third section will explore the potential or perceived disadvantages of offering an apology in the criminal context. The fourth section will detail the desire for apology among the wrongfully convicted as well as give examples of situations - like Mr. Fuller's - in which an apology has been tendered and has helped victims reintegrate into society. Finally, I will conclude that the …
Adverse To What?: The Increasing Value Of Patent Opinions After Knorr-Bremse, Matthew Leary
Adverse To What?: The Increasing Value Of Patent Opinions After Knorr-Bremse, Matthew Leary
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Friday Night 'Lite': How De-Racialization In The Motion Picture Friday Night Lights Disserves The Movement To Eradicate Racial Discrimination From American Sport, N. Jeremi Duru
Cardozo Arts & Entertainment Law Journal
No abstract provided.