Evidence Commons^™

Toward A New Theory Of Notice And Deterrence, Dru Stevenson

Cardozo Law Review

No abstract provided.

Is Alternative Dispute Resolution Really An Alternative For Federal Employees?: Possible Suggestions For Encouraging Federal Employees To Participate In Adr Programs, Lisa Pell

Cardozo Journal of Conflict Resolution

This Note will examine the various dispute resolution programs employed by the federal government. Part One of this Note will look at the different federal programs and determine their usefulness. Part Two will establish that ADR is not being used to its potential. Part Three will discuss the reasons for the low ADR usage. Part Four will suggest options for increasing ADR usage in federally implemented programs. Finally, Part Five will conclude that if the federal agencies took advantage of their own programs, the possibilities for change are great.

Lawrence Summers' Speech On "Innate" Differences Between Men And Women-A Different Perspective, Thomas C. Fischer

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Identifying The Linguistic Boundaries Of Sex: Court Language Choice In Decisions Regarding The Availability Of Sex And Procreation, Amy Zimmerman Hodges

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

A Rejoinder To The Rejoinder To On The Theory Class's Theories Of Asbestos Litigation, Lester Brickman

Articles

The article, authored by Lester Brickman, serves as a rebuttal to Professor Charles Silver's rejoinder, which criticized Brickman's original article on asbestos litigation. Brickman defends his assertions regarding Silver's undisclosed retention by the law firm Baron & Budd to defend the controversial Script Memo, arguing that this nondisclosure breaches academic ethics. He also clarifies his stance on the role of attorney William Skepnek and reiterates his scholarly focus on legal ethics, particularly the issues surrounding contingency fees and their potential for overcharging clients. Brickman emphasizes the importance of academic integrity and the necessity of exposing ethical abuses in the legal …

Price Considerations In The Market For Corporate Law, Michal Barzuza

Cardozo Law Review

No abstract provided.

Duress Is Not A Justification, Kyron J. Huigens

Articles

No abstract provided.

State Of Israel V. Haggai Yosef, Jacob Turkel, Ayala Procaccia, Esther Hayut

Translated Opinions

Facts: In an action for damages for wrongful arrest and prosecution, the plaintiffs wished to summon as a witness the person who had been the prosecutor in the criminal proceedings. The prosecutor had, in the meanwhile, become a judge. The District Court decided that the judge should be summoned to testify. The State asked for leave to appeal this decision, and leave was granted.

Held: A judge may not be summoned to testify on a matter relating to his judicial role, but on a matter unrelated to his judicial role, he may be summoned, and his testimony should be given …

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

Cardozo Law Review

No abstract provided.

Pleas For Dna Testing: Why Lawmakers Should Amend State Post-Conviction Dna Testing Statutes To Apply To Prisoners Who Pled Guilty, Daina Borteck

Cardozo Law Review

No abstract provided.

A Thin Line Between Concurrence And Dissent: Rehabilitating Sex Offenders In The Wake Of Mckune V. Lile, Seth A. Grossman

Cardozo Law Review

No abstract provided.

"In The Light Of Reason And Experience": The Scope Of Evidentiary Privilege In The Self-Help Setting: Alcoholics Anonymous Examined, Bree Schonbrun

Cardozo Law Review

No abstract provided.

Good Guys And Bad Guys: Punishing Character, Equality And The Irrelevance Of Moral Character To Criminal Punishment, Ekow N. Yankah

Cardozo Law Review

No abstract provided.

On The Theory Class's Theories Of Asbestos Litigation: The Disconnect Between Scholarship And Reality, Lester Brickman

Articles

No abstract provided.

Out With The Old And In With The New: The Second Circuit Shows It's Time For The Supreme Court To Finally Overrule Mcdonnell Douglas, Kerry S. Acocella

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Desert Palace, Inc. v. Costa case represents a significant shift in employment discrimination law under Title VII, as it simplifies the process for plaintiffs to prove discrimination by allowing the use of circumstantial evidence in mixed-motive claims. The decision aligns with the 1991 Civil Rights Act and highlights the need to reassess the stricter standards of the McDonnell Douglas framework, which the author critiques as overly burdensome. The analysis also examines the implications of this shift through the lens of the Sanders v. NYC HRA case, advocating for the explicit overruling of McDonnell Douglas in …

The Admissibility Of Expert Testimony About Cognitive Science Research On Eyewitness Identification, Edward D. Stein

Articles

Eyewitness identifications are important to jurors, especially in criminal trials. Psychological research has shown, however, that eyewitness testimony is systematically fallible in ways that undermine the goals of the rules of evidence. This article assesses the arguments for and against admitting expert testimony concerning cognitive science research about eyewitness identification. The article concludes that experts should in many instances be allowed to testify about the problems with eyewitness identification testimony.

Racial Imagery And Native Americans: A First Look At The Empirical Evidence Behind The Indian Mascot Controversy, Gavin Clarkson

Cardozo Journal of International and Comparative Law

The article presents a nuanced approach to the controversy surrounding Native American mascots, advocating for a balance between eliminating offensive mascots and respecting tribal sovereignty. The author proposes that instead of a blanket ban, Native American tribes should have the authority to license their identities to schools, ensuring respectful and educational usage under tribal supervision. This approach leverages trademark law to allow tribes to control their representations, promoting accurate cultural portrayal and education.

Justice Under Attack: The Federal Government's Assault On The Attorneyclient Privilege, Robert J. Anello

Cardozo Public Law, Policy & Ethics Journal

The article argues that the federal government, particularly through the Department of Justice, has launched a multi-faceted assault on the attorney-client privilege, undermining its protections. Recent laws, rules, and policies, such as the Attorney General's monitoring rules for inmate communications and the Department of Justice's guidelines pressuring corporations to waive privilege, threaten the confidentiality essential to the attorney-client relationship. These actions, often justified under the guise of national security and combating corporate fraud, erode constitutional rights and the adversarial system of justice.

Brady Behind Bars: The Prosecutor's Disclosure Obligations Regarding Dna In The Post-Conviction Arena, Brian T. Kohn

Cardozo Public Law, Policy & Ethics Journal

The article argues that the constitutional obligation of prosecutors to disclose exculpatory evidence, as established by Brady v. Maryland and its progeny, extends beyond a defendant's conviction and applies to postconviction DNA testing requests. It asserts that denying access to such testing violates both constitutional rights and the ethical duties of prosecutors, who are tasked with seeking justice rather than merely securing convictions. The analysis highlights the conflict in federal courts regarding the applicability of Brady to postconviction DNA testing and advocates for a broader interpretation of the doctrine to ensure innocence is not wrongly imprisoned.

Danger At The Edge Of Chaos: Predicting Violent Behavior In A Post-Daubert World, Erica Beecher-Monas, Edgar Garcia-Rill

Cardozo Law Review

No abstract provided.

Three Card Monte, Monty Hall, Modus Operandi And "Offender Profiling": Some Lessons Of Modern Cognitive Science For The Law Of Evidence, D. Michael Risinger, Jeffrey L. Loop

Cardozo Law Review

No abstract provided.

The Blooding Of America: Privacy And The Dna Dragnet, Jeffrey S. Grand

Cardozo Law Review

No abstract provided.

Government Officials As Attorneys And Clients: Why Privilege The Privileged?, Melanie B. Leslie

Articles

No abstract provided.

Respecting Pandora's Box, Erica Beecher-Monas

Cardozo Law Review

No abstract provided.

Barely Opening, Then Slamming Shut, Science's "Black Box" In Law: A Response To Beecher-Monas's Heuristics, David S. Caudill

Cardozo Law Review

No abstract provided.

Witness Coaching By Prosecutors, Bennett L. Gershman

Cardozo Law Review

No abstract provided.

Thinking Outside The Box: How The Enforcement Of Ethical Rules Can Minimize The Dangers Of Prosecutorial Leniency And Immunity Deals, Michael S. Ross

Cardozo Law Review

No abstract provided.

Introduction, Ellen Yaroshefsky

Cardozo Law Review

No abstract provided.

A Canadian Perspective On The Role Of Cooperators And Informants, Steven Skurka

Cardozo Law Review

No abstract provided.

No Sauce For The Gander: Valuable Consideration For Helpful Testimony From Tainted Witnesses In Criminal Cases, H. Richard Uviller

Cardozo Law Review

No abstract provided.