Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Law (16)
- Criminal Procedure (15)
- Jurisprudence (8)
- Civil Law (6)
- Constitutional Law (6)
-
- Law and Gender (6)
- Science and Technology Law (6)
- Courts (5)
- Litigation (5)
- Torts (5)
- Law and Society (4)
- Civil Rights and Discrimination (3)
- Environmental Law (3)
- Labor and Employment Law (3)
- Fourth Amendment (2)
- Judges (2)
- Supreme Court of the United States (2)
- Antitrust and Trade Regulation (1)
- Civil Procedure (1)
- Computer Law (1)
- Conflict of Laws (1)
- Education (1)
- Education Law (1)
- Entertainment, Arts, and Sports Law (1)
- Higher Education (1)
- Insurance Law (1)
- Juvenile Law (1)
- Law and Economics (1)
- Institution
-
- University of Miami Law School (31)
- Yeshiva University, Cardozo School of Law (20)
- University of Michigan Law School (8)
- University of Oklahoma College of Law (8)
- Cleveland State University (6)
-
- University of Arkansas Little Rock (6)
- Case Western Reserve University School of Law (5)
- Penn State Dickinson Law (5)
- University of Washington School of Law (4)
- Cornell University Law School (3)
- Villanova University Charles Widger School of Law (3)
- Brooklyn Law School (2)
- UC Law SF (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Richmond (2)
- Washington and Lee University School of Law (2)
- Wayne State University (2)
- William & Mary Law School (2)
- Association of American Law Schools (1)
- Florida A&M University College of Law (1)
- Georgetown University Law Center (1)
- Maurer School of Law: Indiana University (1)
- Mercer University School of Law (1)
- St. Thomas University College of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- UIC School of Law (1)
- University of Baltimore Law (1)
- University of Colorado Law School (1)
- University of Kentucky (1)
- Keyword
-
- Evidence (22)
- Expert evidence (10)
- Federal Rules of Evidence (9)
- Symposium (9)
- Uniform Rules of Evidence (9)
-
- Hearsay (8)
- Child sexual abuse -- Florida (7)
- Accomplices (6)
- Admissibility (6)
- Declarations against interest (Law) (6)
- Recovered memory (6)
- Right of confrontation (6)
- Confession (Law) (5)
- Identification (5)
- Lie detectors & detection (5)
- Relevance (5)
- Admissible evidence (4)
- Hearsay -- Florida (4)
- DNA evidence (3)
- Daubert (3)
- Dr. Sam Sheppard (3)
- Expert -- Florida (3)
- Expert testimony (3)
- Kumho Tire (3)
- Litigation (3)
- Police (3)
- Reliability (3)
- Scientific evidence (3)
- Self-incrimination (3)
- Similar fact evidence -- Florida (3)
- Publication
-
- University of Miami Law Review (31)
- Cardozo Law Review (19)
- Faculty Scholarship (9)
- Oklahoma Law Review (8)
- Articles (7)
-
- Cleveland State Law Review (6)
- Faculty Publications (5)
- University of Arkansas at Little Rock Law Review (5)
- Cornell Law Faculty Publications (3)
- Law Faculty Research Publications (2)
- Maryland Law Review (2)
- University of Michigan Journal of Law Reform (2)
- Villanova Law Review (1956 - ) (2)
- Washington Law Review (2)
- Articles by Maurer Faculty (1)
- Cardozo Arts & Entertainment Law Journal (1)
- Continuing Legal Education Materials (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Journal Publications (1)
- Journal of Legal Education (1)
- Law Faculty Publications (1)
- Law Faculty Scholarship (1)
- Mercer Law Review (1)
- Michigan Law Review (1)
- Publications (1)
- Richmond Journal of Law & Technology (1)
- Scholarly Articles (1)
- Scholarly Works (1)
- St. Thomas Law Review (1)
- UIC Law Open Access Faculty Scholarship (1)
- Publication Type
Articles 91 - 120 of 124
Full-Text Articles in Evidence
Domestic Violence: Competing Conceptions Of Equality In The Law Of Evidence, Erica Beecher-Monas
Domestic Violence: Competing Conceptions Of Equality In The Law Of Evidence, Erica Beecher-Monas
Law Faculty Research Publications
No abstract provided.
United States V. Hubbell: Encryption And The Discovery Of Documents, Greg Sergienko
United States V. Hubbell: Encryption And The Discovery Of Documents, Greg Sergienko
Richmond Journal of Law & Technology
Five years ago, in a contribution to these pages, I suggested that the Supreme Court's oldest precedents and the original intent of the framers of the Constitution precluded the use of evidence produced under a grant of immunity against the producer, even though the material produced included documents that the producer had not been compelled to write. This implied that information concealed with a cryptographic key could not be used in a criminal prosecution against someone from whom the key had been obtained under a grant of immunity.
Confronting The Reluctant Accomplice, John G. Douglass
Confronting The Reluctant Accomplice, John G. Douglass
Law Faculty Publications
The Supreme Court treats the Confrontation Clause as a rule of evidence that excludes unreliable hearsay. But where the hearsay declarant is an accomplice who refuses to testify at defendant's trial, the Court's approach leads prosecutors and defendants to ignore real opportunities for confrontation, while they debate the reliability of hearsay. And even where the Court's doctrine excludes hearsay, it leads prosecutors to purchase the accomplice's testimony through a process that raises equally serious questions of reliability. Thus, the Court's approach promotes neither reliability nor confrontation. This Article advocates an approach that applies the Confrontation Clause to hearsay declarants in …
Evidence: 1999-2000 Survey Of New York Law, Faust Rossi
Evidence: 1999-2000 Survey Of New York Law, Faust Rossi
Cornell Law Faculty Publications
No abstract provided.
A Suggestion On Suggestion, Richard D. Friedman, Stephen J. Ceci
A Suggestion On Suggestion, Richard D. Friedman, Stephen J. Ceci
Articles
Part I of the full article briefly describes the history and current slate of research into children's suggestibility. In this part, we argue that, although psychological researchers disagree considerably over the degree to which he suggestibility of young children may lead to false allegations of sexual abuse, there is an overwhelming consensus that children are suggestible to a degree that, we believe, must be regarded as significant. In presenting this argument, we respond to the contentions of revisionist scholars, particularly those recently expressed by Professor Lyon. We show that there is good reason to believe the use of highly suggestive …
E' Is For Eclectic: Multiple Perspectives On Evidence (Symposium: New Perspectives On Evidence), Richard D. Friedman
E' Is For Eclectic: Multiple Perspectives On Evidence (Symposium: New Perspectives On Evidence), Richard D. Friedman
Articles
A conference titled "New Perspectives on Evidence: Experts, Empirical Study and Economics" has a pronounced alliterative theme, a theme made even more apparent when, inevitably in evidentiary discourse, epistemological questions come to the fore. It is enough to make one suspect that the conference is secretly brought to you by the letter "E," hiding behind its public front, the Olin Foundation. Putting aside such conspiratorial thoughts, all these "E's" suggest the presence of a meta-"E"-Eclecticism. Indeed, I believe this conference has demonstrated the need for an eclectic approach to evidentiary problems. That should be no surprise. The domain of evidentiary …
Convicting The Innocent Beyond A Reasonable Doubt: Some Lessons About Jury Instructions From The Sheppard Case, Lawrence Solan
Convicting The Innocent Beyond A Reasonable Doubt: Some Lessons About Jury Instructions From The Sheppard Case, Lawrence Solan
Faculty Scholarship
No abstract provided.
Introduction, Background, And Overview, C. Arlen Beam
Introduction, Background, And Overview, C. Arlen Beam
Oklahoma Law Review
No abstract provided.
Procedural Rules Governing The Admissibility Of Evidence, Reagan Wm. Simpson, Warren S. Huang
Procedural Rules Governing The Admissibility Of Evidence, Reagan Wm. Simpson, Warren S. Huang
Oklahoma Law Review
No abstract provided.
Presumptions And Their Effect, Leo H. Whinery
Presumptions And Their Effect, Leo H. Whinery
Oklahoma Law Review
No abstract provided.
State Gladiators Go High Tech With Records--Will The Feds Follow?, Daniel R. Murray, Timothy J. Chorvat
State Gladiators Go High Tech With Records--Will The Feds Follow?, Daniel R. Murray, Timothy J. Chorvat
Oklahoma Law Review
No abstract provided.
Expert Testimony To Accommodate The Frye, Daubert, And Kumho Tire Standards Of Admissibility, Rhoda B. Billings
Expert Testimony To Accommodate The Frye, Daubert, And Kumho Tire Standards Of Admissibility, Rhoda B. Billings
Oklahoma Law Review
No abstract provided.
Finding The Proper Balance In Hearsay Policy: The Uniform Rules Attempt To Stem The Hearsay Tide In Criminal Cases Without Prohibiting All Nontraditional Hearsay, Myrna S. Raeder
Oklahoma Law Review
No abstract provided.
Constitutional Formalism And The Meaning Of Apprendi V. New Jersey, Benjamin Priester
Constitutional Formalism And The Meaning Of Apprendi V. New Jersey, Benjamin Priester
Journal Publications
In June 2000, the United States Supreme Court decided Apprendi v. New Jersey,' a case that likely will have a significant impact on the administration of criminal justice in federal and state courts. The Court imposed a procedural limitation on prosecutors by restricting the types of facts that may be proven at sentencing rather than at trial. Specifically, the Court adopted a constitutional principle that "any fact that increases the penalty for a crime beyond the prescribed statutory maximum" is an element of the offense of conviction. Under wellestablished constitutional doctrine, the Constitution's full procedural protections, especially the necessity of …
Introduction Symposium: Toward More Reliable Jury Verdicts - Law, Technology, And Media Development Since The Trials Of Dr. Sam Sheppard , Patricia J. Falk
Introduction Symposium: Toward More Reliable Jury Verdicts - Law, Technology, And Media Development Since The Trials Of Dr. Sam Sheppard , Patricia J. Falk
Cleveland State Law Review
The three Sheppard cases, spread over almost half a century, serve as a point of departure to explore how the multiple forces of law, science, and the media have interacted in criminal trials and in later challenges to the reliability of those trials. The Sheppard cases have resulted in five enduring legacies. Perhaps the most obvious legacy of the Sheppard cases is the new law the case made when it was heard by the United States Supreme Court on a federal habeas corpus appeal. In Sheppard v. Maxwell, the Court created a new legal standard regarding the effects of pretrial …
A Distant Mirror: The Sheppard Case From The Next Millennium, James Robertson
A Distant Mirror: The Sheppard Case From The Next Millennium, James Robertson
Cleveland State Law Review
My own vantage point is that of a trial judge, and for me, revisiting the Sheppard case is a chance to ruminate on the relationship between judges and the media and how judges deal with high profile cases. I will consider that subject, and then meander a little farther along and share a few thoughts about what I call hermetically sealed justice - our modem insistence that judges say nothing and juries know nothing. Finally, I will have a few words to say about DNA evidence and the "reliable verdict" ideal that appears to be one of the propositions to …
Scientific Evidence In The Sam Sheppard Case , Paul C. Giannelli
Scientific Evidence In The Sam Sheppard Case , Paul C. Giannelli
Cleveland State Law Review
My panel is discussing reliable jury verdicts, and my topic is "scientific" evidence. One way to approach this issue is to compare scientific evidence with other methods of proof. The trial lawyers that I worked with viewed cases as falling primarily into one of three categories: eyewitness cases, confession cases, and "scientific" evidence cases. In this scheme, anything that was not an eyewitness, confession, or snitch case was a "scientific evidence" case. These categories, of course, are neither exhaustive nor mutually exclusive; often two and sometimes all three are involved. Nevertheless, these categories are helpful because they present trial attorneys …
Joseph In Lawyerland, Robin West
Joseph In Lawyerland, Robin West
Georgetown Law Faculty Publications and Other Works
As Alice wanders through Wonderland in an unreal space in real time-a dream-learning backward truths from illogical creatures who speak in paradoxes, so Joseph figuratively wanders through lawyerland in an unreal time, but in a very real space-Manhattan-conversing with his thinly fictionalized friends, all of whom happen to be lawyers, about their lives and practices in law. As Joseph's lawyers talk with him about the law they practice, they uncover, through White Rabbit and Cheshire Cat-like illogical precision, a chaotic, unkempt, unconscionably reckless, often cruel, and sometimes pathological legal wilderness. The legal terrain these lawyers occupy is not an inviting …
Choice And Boundary Problems In Logerquist, Hummert, And Kumho Tire, David H. Kaye
Choice And Boundary Problems In Logerquist, Hummert, And Kumho Tire, David H. Kaye
Faculty Scholarship
This article, part of a symposium on the opinion of the Arizona Supreme Court in Logerquist v. McVey, questions that court’s rationales for refusing to apply heightened scrutiny to psychiatric testimony about the retrieval of repressed memories. It also challenges the court’s use of a “personal observations” exception to the heightened scrutiny standard of Frye v. United States. It proposes that a better solution to problems of scientific and expert evidence would be to adopt a sliding scale that attends to the use to which the evidence is put and the degree to which it has been shown to be …
Keynote: Cultural Property, International Trade And Human Rights, John Henry Merryman
Keynote: Cultural Property, International Trade And Human Rights, John Henry Merryman
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Dna Typing: Emerging Or Neglected Issues, David H. Kaye, Edward J. Imwinkelried
Dna Typing: Emerging Or Neglected Issues, David H. Kaye, Edward J. Imwinkelried
Faculty Scholarship
DNA typing has had a major impact on the criminal justice system. There are hundreds of opinions and thousands of cases dealing with DNA evidence. Yet, at virtually every stage of the process, there are important issues that are just emerging or that have been neglected.
At the investigative stage, courts have barely begun to focus on the legal limitations on the power of the police to obtain samples directly from suspects and to use the data from DNA samples in various ways. Issues such as the propriety of "DNA dragnets" (in which large numbers of individuals in a geographic …
Tales Out Of School--Spillover Confessions And Against-Interest Statements Naming Others, Christopher B. Mueller
Tales Out Of School--Spillover Confessions And Against-Interest Statements Naming Others, Christopher B. Mueller
Publications
No abstract provided.
Miranda And Some Puzzles Of 'Prophylactic' Rules, Evan H. Caminker
Miranda And Some Puzzles Of 'Prophylactic' Rules, Evan H. Caminker
Articles
Constitutional law scholars have long observed that many doctrinal rules established by courts to protect constitutional rights seem to "overprotect" those rights, in the sense that they give greater protection to individuals than those rights, as abstractly understood, seem to require.' Such doctrinal rules are typically called "prophylactic" rules.2 Perhaps the most famous, or infamous, example of such a rule is Miranda v. Arizona,' in which the Supreme Court implemented the Fifth Amendment's privilege against self-incrimination4 with a detailed set of directions for law enforcement officers conducting custodial interrogations, colloquially called the Miranda warnings. 5
The Admissibility Of Expert Testimony On Repressed Memories Of Childhood Sexual Abuse In Logerquist V. Mcvey: Reliability Takes A Back Seat To Relevancy, Tomika N. Stevens
The Admissibility Of Expert Testimony On Repressed Memories Of Childhood Sexual Abuse In Logerquist V. Mcvey: Reliability Takes A Back Seat To Relevancy, Tomika N. Stevens
Villanova Law Review (1956 - )
No abstract provided.
Defining Proof Beyond A Reasonable Doubt For The Criminal Jury: The Third Circuit Accepts An Invitation To Tolerate Constitutionally Inadequate Phraseology, Melissa Corwin
Villanova Law Review (1956 - )
No abstract provided.
Detection Of Deception: The Case Of Handwriting Expertise, Samuel R. Gross
Detection Of Deception: The Case Of Handwriting Expertise, Samuel R. Gross
Articles
The basic method of handwriting identification is the same now as it was in Twelfth Night: to compare the questioned writing with other writings by the supposed writer. This can be done from memory if (like Malvolio) one is already familiar with the claimed author's handwriting, or by examining the questioned document together with known samples. It's a simple, obvious task. Any person-certainly any literate person--can have a go at it. The claim by handwriting experts, now and in the past, is equally simple: We can do it better.
Attorney-Client Confidentiality And The Assessment Of Claimants Who Allege Posttraumatic Stress Disorder, Robert H. Aronson, Lonnie Rosenwald, Gerald M. Rosen
Attorney-Client Confidentiality And The Assessment Of Claimants Who Allege Posttraumatic Stress Disorder, Robert H. Aronson, Lonnie Rosenwald, Gerald M. Rosen
Articles
Posttraumatic Stress Disorder (PTSD) was first recognized by the American Psychiatric Association in 1980. A PTSD diagnosis requires an individual or individual's loved ones to have experienced a traumatic event that was a threat to life or physical integrity and caused the individual to react to the incident with a specific number of avoidance, reexperiencing, and hyper-arousal symptoms. Obtaining a PTSD diagnosis can be of great value to a personal-injury plaintiff who claims damages due to a traumatic event. Further, if the traumatic event is unquestioned and the individual reports the classic symptoms, a PTSD diagnosis is relatively easy to …
The Mental Health Provider Privilege In The Wake Of Jaffe V. Redmond, Robert H. Aronson
The Mental Health Provider Privilege In The Wake Of Jaffe V. Redmond, Robert H. Aronson
Articles
Many of the revisions to article V of the Uniform Rules of Evidence involved stylistic, nonsubstantive changes. In particular, all language was made gender neutral. The most substantial revision was to Rule 503, formerly titled "Physician and Psychotherapist-Patient Privilege." This revision broadened the scope of the privilege to include a general "mental health provider" privilege, in accord with the trend in the states and the U.S. Supreme Court's decision in Jaffee v. Redmond. In Jaffee, the Court recognized for the first time a federal psychotherapist-patient privilege and extended the privilege to confidential communications with a licensed social worker in …
Strickler V. Greene: Preventing Injustice By Preserving The Coherent "Reasonable Probability" Standard To Resolve Issues Of Prejudice In Brady Violation Cases, Corinne M. Nastro
Strickler V. Greene: Preventing Injustice By Preserving The Coherent "Reasonable Probability" Standard To Resolve Issues Of Prejudice In Brady Violation Cases, Corinne M. Nastro
Maryland Law Review
No abstract provided.
A Match Made In Maryland: Howard Chasanow And The Law Of Evidence, Alan D. Hornstein, Nichole G. Mazade
A Match Made In Maryland: Howard Chasanow And The Law Of Evidence, Alan D. Hornstein, Nichole G. Mazade
Maryland Law Review
No abstract provided.