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Articles 61 - 67 of 67
Full-Text Articles in Evidence
The Preclusiveness Of A Party's Testimony: Sixty Years Of Massie V. Firmstone In Virginia, Ann L. Hardy
The Preclusiveness Of A Party's Testimony: Sixty Years Of Massie V. Firmstone In Virginia, Ann L. Hardy
University of Richmond Law Review
The rule that a party may rise no higher than his own testimony was first articulated in Virginia in Massie v. Firmstone. It has been criticized, misunderstood, and misapplied, but since its inception in 1922, it has grown into an important rule of evidence and procedure. The practitioner must consider the implications of the rule from the moment he begins to gather evidence that he expects to present in the form of live testimony.
Does (Did) (Should) The Exclusionary Rule Rest On A 'Principled Basis' Rather Than An 'Empirical Proposition'?, Yale Kamisar
Does (Did) (Should) The Exclusionary Rule Rest On A 'Principled Basis' Rather Than An 'Empirical Proposition'?, Yale Kamisar
Articles
[U]ntil the [exclusionary rule] rests on a principled basis rather than an empirical proposition, [the rule] will remain in a state of unstable equilibrium. Mapp v. Ohio, which overruled the then twelve-year-old Wolf case and imposed the fourth amendment exclusionary rule (the Weeks doctrine) on the states as a matter of fourteenth amendment due process, seemed to mark the end of an era. Concurring in Mapp, Justice Douglas recalled that Wolf had evoked "a storm of constitutional controversy which only today finds its end."' But in the two decades since Justice Douglas made this observation, the storm of controversy has …
The Silent Revolution, Faust Rossi
The Silent Revolution, Faust Rossi
Cornell Law Faculty Publications
No abstract provided.
The Procurement And Presentation Of Evidence In Courts-Martial: Compulsory Process And Confrontation, Fredric I. Lederer, Francis A. Gilligan
The Procurement And Presentation Of Evidence In Courts-Martial: Compulsory Process And Confrontation, Fredric I. Lederer, Francis A. Gilligan
Faculty Publications
Although pretrial litigation often seems to render trial on the merits something of an anti-climax, adversarial adjudication is of course the focus of the criminal justice system, military or civilian. Once trial on the merits has begun, trial and defense counsel naturally utilize the rules of evidence in the fashion most likely to make the most of the evidence available to them. Yet, as all lawyers are aware, the period since the enactment of the Uniform Code of Military Justice has brought sweeping changes not only in military criminal law, but also in the "constitutionalization" of the law of evidence. …
Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle
Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Admission Of An Unavailable Witness’ Grand Jury Testimony: Can It Be Justified?, Judd Burstein
Admission Of An Unavailable Witness’ Grand Jury Testimony: Can It Be Justified?, Judd Burstein
Cardozo Law Review
No abstract provided.
The Confidential Communication Element Of The Attorney-Client Privilege, Gerald Sobel
The Confidential Communication Element Of The Attorney-Client Privilege, Gerald Sobel
Cardozo Law Review
No abstract provided.