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Articles 31 - 60 of 83
Full-Text Articles in Evidence
The Admissibility Of Scientific Evidence After Daubert V. Merrell Dow Pharmaceuticals, Inc., David E. Bernstein
The Admissibility Of Scientific Evidence After Daubert V. Merrell Dow Pharmaceuticals, Inc., David E. Bernstein
Cardozo Law Review
This past June, the Supreme Court decided Daubert v. Merrell Dow Pharmaceuticals, Inc., the most important case involving the admissibility of scientific evidence in seventy years. While some analysts have argued that Daubert will encourage the trend toward more careful judicial scrutiny of scientific evidence, others have contended that the opinion will reduce the role of the courts in screening scientific evidence and permit a flood of junk science evidence into American courtrooms. The early evidence strongly suggests that the former view is correct. So far, most federal courts are interpreting Daubert as giving them wide authority to restrict …
Mihas V. United States, Jennifer Fox
Mihas V. United States, Jennifer Fox
University of the District of Columbia Law Review
No abstract provided.
Maryland's First Evidence Code, Lynn Mclain
Maryland's First Evidence Code, Lynn Mclain
All Faculty Scholarship
This outline from a talk given by Professor McLain outlines the history of the rules of evidence Maryland has used and provides a quick summary of the then-new Title 5, the Maryland Rules of Evidence.
Using Impartial Experts In Valuations: A Forum-Specific Approach, Andrew Macgregor Smith
Using Impartial Experts In Valuations: A Forum-Specific Approach, Andrew Macgregor Smith
William & Mary Law Review
No abstract provided.
Are You My Mother? The Scientific And Legal Validity Of Conventional Blood Testing And Dna Fingerprinting To Establish Proof Of Parentage In Immigration Cases, Alan R. Davis
BYU Law Review
No abstract provided.
Doctor Duxbury’S Cure: Or, A Note On Legal Historiography, Peter Goodrich
Doctor Duxbury’S Cure: Or, A Note On Legal Historiography, Peter Goodrich
Cardozo Law Review
No abstract provided.
Dna Fingerprinting: The Virginia Approach, James P. O'Brien Jr.
Dna Fingerprinting: The Virginia Approach, James P. O'Brien Jr.
William & Mary Law Review
No abstract provided.
Indiana Rules Of Evidence, Ivan E. Bodensteiner
Indiana Rules Of Evidence, Ivan E. Bodensteiner
Law Faculty Publications
No abstract provided.
Junk Science, Daubert, And Ohio Rule 702, Paul C. Giannelli
Junk Science, Daubert, And Ohio Rule 702, Paul C. Giannelli
Faculty Publications
No abstract provided.
Foreword: Do We Really Want To Know The Defendant?, Dale A. Nance
Foreword: Do We Really Want To Know The Defendant?, Dale A. Nance
Faculty Publications
Forward to the Symposium on the Admission of Prior Offense Evidence in Sexual Assualt Cases, Chicago, Illinois, 1994.
Hearsay, The New York And Federal Rules Of Evidence: What's The Difference?, Richard T. Farrell
Hearsay, The New York And Federal Rules Of Evidence: What's The Difference?, Richard T. Farrell
Touro Law Review
No abstract provided.
Employees' Admissions In New York: Time For A Change, David J. Wallman
Employees' Admissions In New York: Time For A Change, David J. Wallman
Touro Law Review
No abstract provided.
The Admission Of Hearsay Evidence Where Defedant Misconduct Causes The Unavailability Of A Prosecution Witness, Paul T. Markland
The Admission Of Hearsay Evidence Where Defedant Misconduct Causes The Unavailability Of A Prosecution Witness, Paul T. Markland
American University Law Review
No abstract provided.
Balancing The Scales: Limiting The Prejudicial Effect Of Evidence Rule 404(B) Through Stipulation, Daniel J. Buzzetta
Balancing The Scales: Limiting The Prejudicial Effect Of Evidence Rule 404(B) Through Stipulation, Daniel J. Buzzetta
Fordham Urban Law Journal
This Note argues that, in a prosecution for a violation of a specific intent criminal statute, the government must accept a defendant’s clear and unambiguous stipulation to possessing the requisite intent for the crime charged. The trial court must ensure that the proffered stipulation is voluntarily given, unambiguous, and comprehensive, so as not to deprive the prosecution from presenting forceful, significant, and probative evidence. Once a defendant offers such an acceptable stipulation, however, the government’s introduction of prior bad acts to prove intent becomes extremely prejudicial, while any probative value the evidence may have is dissipated entirely. Part II of …
A Brief Look At New York's Efforts To Codify Its Law Of Evidence, Barbara C. Salken
A Brief Look At New York's Efforts To Codify Its Law Of Evidence, Barbara C. Salken
Touro Law Review
No abstract provided.
Expert Testimony Regarding The Speed Of A Vehicle: The Status Of North Carolina Law And The State Of The Art, Lawrence F. Mazer, Charles R. Manning, Richard T. Edwards, Michael A. Sutton
Expert Testimony Regarding The Speed Of A Vehicle: The Status Of North Carolina Law And The State Of The Art, Lawrence F. Mazer, Charles R. Manning, Richard T. Edwards, Michael A. Sutton
Campbell Law Review
No abstract provided.
Probability Evidence In Mail Fraud Cases, Phillip M. Kannan
Probability Evidence In Mail Fraud Cases, Phillip M. Kannan
Villanova Law Review (1956 - )
No abstract provided.
"Other Crimes" Evidence In Sex Offense Cases, Roger C. Park, David P. Bryden
"Other Crimes" Evidence In Sex Offense Cases, Roger C. Park, David P. Bryden
Faculty Scholarship
No abstract provided.
Confrontation Issues In Child Abuse Cases, Paul C. Giannelli
Confrontation Issues In Child Abuse Cases, Paul C. Giannelli
Faculty Publications
No abstract provided.
Polygraph Evidence: Part Ii, Paul C. Giannelli
Polygraph Evidence: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Limits Of Double Jeopardy: A Course Into The Dark, Anne Bowen Poulin
The Limits Of Double Jeopardy: A Course Into The Dark, Anne Bowen Poulin
Villanova Law Review (1956 - )
No abstract provided.
The Dangers Of "General Observations" On Expert Scientific Testimony: A Comment On Daubert V. Merrell Dow Pharmaceuticals, Inc., Robert F. Blomquist
The Dangers Of "General Observations" On Expert Scientific Testimony: A Comment On Daubert V. Merrell Dow Pharmaceuticals, Inc., Robert F. Blomquist
Kentucky Law Journal
No abstract provided.
Confrontation And Hearsay: New Wine In An Old Bottle, The Honorable Anthony M. Brannon
Confrontation And Hearsay: New Wine In An Old Bottle, The Honorable Anthony M. Brannon
Campbell Law Review
No abstract provided.
The Admissibility Of Prior Acquittal Evidence - Has North Carolina Adopted The "Minority View?" - The Effect Of State V. Scott, Matthew S. Sullivan
The Admissibility Of Prior Acquittal Evidence - Has North Carolina Adopted The "Minority View?" - The Effect Of State V. Scott, Matthew S. Sullivan
Campbell Law Review
This Note will examine the court's decision in State v. Scott. First, the Note will address the facts of the case. Second, it will set out the background on how courts decide whether evidence of this nature should be admitted, mainly focusing on Rules 403 and 404(b) of the North Carolina Rules of Evidence. Next, the Note will analyze how the court arrived at this "bright-line" rule as well as the effect it will have in future cases. Finally, the Note will conclude that even though North Carolina adopted the "minority rule", this approach is proper under the concept …
Employee Dishonesty And The After-Acquired Evidence Doctrine: Why Honesty Is The Best Policy, Georgia Stanaitis
Employee Dishonesty And The After-Acquired Evidence Doctrine: Why Honesty Is The Best Policy, Georgia Stanaitis
Cleveland State Law Review
The Eleventh Circuit has stated that application of the after-acquired evidence doctrine as a complete defense is too rigid and that it produces harsh, inequitable results. At the same time, the Eleventh Circuit has voted to rehear the case setting forth this view. Until the rehearing, the Eleventh Circuit's principles are sound.13 Specifically, the Eleventh Circuit has criticized Summers as being antithetical to the principal purposes of Title VII which are to achieve equality of employment opportunity and make whole, so far as is possible, the individual or class affected by the discrimination. The Eleventh Circuit and arbitral forums, such …
A Pragmatic Critique Of Modern Evidence Scholarship, Michael L. Seigel
A Pragmatic Critique Of Modern Evidence Scholarship, Michael L. Seigel
UF Law Faculty Publications
This Article contends that strict adherence to optimistic rationalism has blinded evidence scholars to the reality that the law of evidence is as indeterminate as all other areas of the law. At its core is not a single goal -- the attainment of truth -- but a number of important, complex, and, alas, competing considerations. Answers to questions concerning the appropriate configuration of evidence doctrine cannot be deduced from a unitary principle; indeed, they cannot be deduced at all. Rather, arguments about evidence doctrine must be conducted in the realm of "practical reason." Practical reason is the process through which …
Controversial Science In The Courtroom: Daubert And The Law's Hubris, Paul S. Milich
Controversial Science In The Courtroom: Daubert And The Law's Hubris, Paul S. Milich
Faculty Publications By Year
No abstract provided.
The Title Vii Pretext Question: Resolved In Light Of St. Mary's Honor Center V. Hicks, Robert J. Smith
The Title Vii Pretext Question: Resolved In Light Of St. Mary's Honor Center V. Hicks, Robert J. Smith
Indiana Law Journal
No abstract provided.
The Marginal Relevance Of Choice Of Law Theory, Stewart E. Sterk
The Marginal Relevance Of Choice Of Law Theory, Stewart E. Sterk
Articles
The article critiques the current state of choice of law theory, arguing that existing methodologies, such as interest analysis and territorial approaches, fail to provide a coherent framework for judicial decision-making. It contends that these theories are overly rigid and do not account for the practical, fact-driven nature of how judges make choices. The author proposes a new test based on expressive similarity to address the complexities of modern copyright disputes, aiming to distinguish between protected expression and unprotected ideas. This approach seeks to balance the protection of creative works with the need to prevent overprotection, which could streamline litigation …
Foreword Evidence Symposium: A Comparative Study Of Federal And New York Evidence Practice, Honorable Frank X. Altimari
Foreword Evidence Symposium: A Comparative Study Of Federal And New York Evidence Practice, Honorable Frank X. Altimari
Touro Law Review
No abstract provided.