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Cardozo Law Review

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Articles 61 - 90 of 210

Full-Text Articles in Evidence

The Right To Silence Helps The Innocent: A Response To Critics, Alex Stein Dec 2008

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 Dec 2008

Introduction: Wherefor The Privilege?, Kate Stith

Cardozo Law Review

No abstract provided.


Theorizing About Self-Incrimination, Ronald J. Allen Dec 2008

Theorizing About Self-Incrimination, Ronald J. Allen

Cardozo Law Review

No abstract provided.


Detecting Lies Using Demeanor, Bias, And Context, Max Minzner May 2008

Detecting Lies Using Demeanor, Bias, And Context, Max Minzner

Cardozo Law Review

No abstract provided.


The Three Negations, Alain Badiou Apr 2008

The Three Negations, Alain Badiou

Cardozo Law Review

No abstract provided.


The Source Of The Problem Of Sources: The First Amendment Fails The Fourth Estate, Joel M. Gora Mar 2008

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 Mar 2008

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 Mar 2008

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 Mar 2008

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.


The Antigone Dilemma: When The Paths Of Law And Morality Diverge, J. C. Oleson Nov 2007

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 Nov 2007

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 Nov 2007

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 Oct 2007

Review And Oversight Of National Security Activities And Some Reflections On Canada's Arar Inquiry, Kent Roach

Cardozo Law Review

No abstract provided.


The Source-Centric Framework To The Exclusionary Rule, Luke M. Milligan May 2007

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 May 2007

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 May 2007

Holistic Culpability, Kimberly Kessler Ferzan

Cardozo Law Review

No abstract provided.


The Conundrum Of Mental States: Substantive Rules And Evidence Combined, Keren Shapira-Ettinger May 2007

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 May 2007

Tripartite Structures Of Criminal Law In Germany And Other Civil Law Jurisdictions, Russell L. Christopher

Cardozo Law Review

No abstract provided.


The Enterprise Model Of Managing Conflicts Of Interest In The Tripartite Insurance Defense Relationship, Aviva Abramovsky Oct 2005

The Enterprise Model Of Managing Conflicts Of Interest In The Tripartite Insurance Defense Relationship, Aviva Abramovsky

Cardozo Law Review

No abstract provided.


Furthering Consumer Safety Of Medical Devices: The Necessity Of A Device-Specific State Law As Required For Express Preemption Under The Mda, Rachel Mervis Oct 2005

Furthering Consumer Safety Of Medical Devices: The Necessity Of A Device-Specific State Law As Required For Express Preemption Under The Mda, Rachel Mervis

Cardozo Law Review

No abstract provided.


Tragedy Of The Scaffold, Tragedy Of The Trial: Tragedy, Representation Of The Public, Innermost Conviction, And Personal Judgments, Christian Biet May 2005

Tragedy Of The Scaffold, Tragedy Of The Trial: Tragedy, Representation Of The Public, Innermost Conviction, And Personal Judgments, Christian Biet

Cardozo Law Review

No abstract provided.


Toward A New Theory Of Notice And Deterrence, Dru Stevenson Mar 2005

Toward A New Theory Of Notice And Deterrence, Dru Stevenson

Cardozo Law Review

No abstract provided.


Price Considerations In The Market For Corporate Law, Michal Barzuza Nov 2004

Price Considerations In The Market For Corporate Law, Michal Barzuza

Cardozo Law Review

No abstract provided.


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

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 Mar 2004

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 Feb 2004

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 Feb 2004

"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 Feb 2004

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.


Danger At The Edge Of Chaos: Predicting Violent Behavior In A Post-Daubert World, Erica Beecher-Monas, Edgar Garcia-Rill May 2003

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 Nov 2002

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.