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Articles 91 - 106 of 106
Full-Text Articles in Evidence
Of Truth, In Science And In Law, Susan Haack
Bilcare, Ksr, Presumptions Of Validity, Preliminary Relief, And Obviousness In Patent Law, Joshua D. Sarnoff
Bilcare, Ksr, Presumptions Of Validity, Preliminary Relief, And Obviousness In Patent Law, Joshua D. Sarnoff
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Exculpatory Evidence, Ethics, And The Road To The Disbarment Of Mike Nifong: The Critical Importance Of Full Open-File Discovery, Robert P. Mosteller
Exculpatory Evidence, Ethics, And The Road To The Disbarment Of Mike Nifong: The Critical Importance Of Full Open-File Discovery, Robert P. Mosteller
Faculty Scholarship
Mike Nifong, the prosecutor in the Duke lacrosse rape case, was disbarred by the North Carolina State Bar in June 2007 principally for withholding exculpatory DNA evidence and for making false statements about his conduct. This article relates the central details of his actions and the process that led to disbarment. Its key overall insight is that full open-file discovery was the figurative workhorse and hero in the Nifong disbarment saga. That saga was itself strongly affected by two earlier death penalty cases where prosecutors also failed to provide exculpatory information to the defense. The constitutional doctrine in Brady v. …
Experts, Mental States, And Acts, Christopher Slobogin
Experts, Mental States, And Acts, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This article, written for a symposium on "Guilt v. Guiltiness: Are the Right Rules for Trying Factual Innocence Inevitably the Wrong Rules for Trying Culpability?," argues that the definition of expertise in the criminal justice system, derived in the federal courts and in most states from Daubert v. Merrell Dow Pharmaceuticals Co., should vary depending on whether the issue involved is past mental state or past conduct. While expert psychological testimony about past acts ought to be based on scientifically verifiable assertions, expert psychological testimony about subjective mental states relevant to criminal responsibility need not meet the same threshold. This …
Teaching Evidence, Paul F. Rothstein
Teaching Evidence, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
This article was published as part of the 2006 teaching issue of the Saint Louis University Law Journal. The teaching series was created as a forum for scholars, judges, and students to discuss methods for the effective teaching and learning of particular law school courses. In this essay, Professor Rothstein describes his philosophy and methods for teaching evidence.
Is A Forensic Laboratory Report Identifying A Substance As A Narcotic 'Testimonial'?, Richard D. Friedman
Is A Forensic Laboratory Report Identifying A Substance As A Narcotic 'Testimonial'?, Richard D. Friedman
Articles
Is a state forensic analyst's laboratory report, prepared for use in a criminal proceeding and identifying a substance as cocaine, "testimonial" evidence and so subject to the demands of the Confrontation Clause as set forth in Crawford v. Washington, 541 U.S. 36 (2004)?
Alternatives To The Exclusionary Rule After Hudson V. Michigan: Preventing And Remedying Police Misconduct, Alicia M. Hilton
Alternatives To The Exclusionary Rule After Hudson V. Michigan: Preventing And Remedying Police Misconduct, Alicia M. Hilton
Villanova Law Review (1956 - )
No abstract provided.
Does An Accused Forfeit The Confrontation Right By Murdering A Witness, Absent A Purpose To Render Her Unavailable?, Richard D. Friedman
Does An Accused Forfeit The Confrontation Right By Murdering A Witness, Absent A Purpose To Render Her Unavailable?, Richard D. Friedman
Articles
If an accused murdered a witness, should he be deemed to have forfeited the right under the Sixth Amendment "to be confronted with" the witness, absent proof that the accused committed the murder for the purpose of rendering her unavailable as a witness?
Waiting For The Other Shoe: Hudson And The Precarious State Of Mapp, David A. Moran
Waiting For The Other Shoe: Hudson And The Precarious State Of Mapp, David A. Moran
Articles
I have no idea whether my death will be noted in the New York Times. But if it is, I fear the headline of my obituary will look something like: "Professor Dies; Lost Hudson v. Michigan' in Supreme Court, Leading to Abolition of Exclusionary Rule." The very existence of this Symposium panel shows, I think, that my fear is well-grounded. On the other hand, I am not quite as fearful that Hudson foreshadows the complete overruling of Mapp v. Ohio2 and Weeks v. United States3 as I was when I published an article just three months after the Hudson decision …
Katrina, Feminism, And Environmental Justice, Robert R.M. Verchick
Katrina, Feminism, And Environmental Justice, Robert R.M. Verchick
Cardozo Journal of Equal Rights & Social Justice
The article examines the disproportionate impact of Hurricane Katrina on marginalized communities, particularly African Americans and women, through the lens of feminist theory and environmental justice. It argues that the disaster's effects were not random but rather the result of systemic inequalities rooted in race, gender, and class. The analysis emphasizes the need to address these disparities in disaster response and recovery policies to ensure justice and equity for all.
Ethical Issues Associated With Preserving, Accessing, Discovering, And Using Electronically Stored Information, Paul W. Grimm
Ethical Issues Associated With Preserving, Accessing, Discovering, And Using Electronically Stored Information, Paul W. Grimm
Faculty Scholarship
No abstract provided.
Discovery About Discovery: Does The Attorney-Client Privilege Protect All Attorney-Client Communications Relating To The Preservation Of Potentially Relevant Information?, Paul W. Grimm, Michael D. Berman, Leslie Wharton, Jenna Beck, Conor R. Crowley
Discovery About Discovery: Does The Attorney-Client Privilege Protect All Attorney-Client Communications Relating To The Preservation Of Potentially Relevant Information?, Paul W. Grimm, Michael D. Berman, Leslie Wharton, Jenna Beck, Conor R. Crowley
Faculty Scholarship
No abstract provided.
Impeachment With Evidence Of Prior Convictions, Roger C. Park
Impeachment With Evidence Of Prior Convictions, Roger C. Park
Faculty Scholarship
No abstract provided.
Signature Identification In The Light Of Science And Experience, Roger C. Park
Signature Identification In The Light Of Science And Experience, Roger C. Park
Faculty Scholarship
No abstract provided.
Science, Intersubjective Validity, And Judicial Legitimacy, Richard B. Katskee
Science, Intersubjective Validity, And Judicial Legitimacy, Richard B. Katskee
Faculty Scholarship
No abstract provided.
Reverse 404(B) Evidence: Exploring Standards When Defendants Want To Introduce Other Bad Acts Of Third Parties, Jessica Broderick
Reverse 404(B) Evidence: Exploring Standards When Defendants Want To Introduce Other Bad Acts Of Third Parties, Jessica Broderick
University of Colorado Law Review
Reverse 404(b) evidence is the name courts have given to a less common use of Federal Rule of Evidence 404(b), wherein a defendant attempts to introduce the "other bad acts" of a third party, usually to prove that this third party committed the crime of which the defendant is accused or that the third party coerced the defendant into committing the crime. This Comment first reviews the standard use of FRE 404(b): when prosecutors seek to introduce other bad acts of the defendant. Then it explores how federal courts have addressed reverse 404(b) evidence. Currently there is no consensus among …