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Articles 91 - 120 of 152
Full-Text Articles in Evidence
It's Reasonable To Expect Privacy When Watching Adult Videos, Matthew Leonhardt
It's Reasonable To Expect Privacy When Watching Adult Videos, Matthew Leonhardt
Touro Law Review
No abstract provided.
Painful Disparities, Painful Realities, Amanda C. Pustilnik
Painful Disparities, Painful Realities, Amanda C. Pustilnik
Faculty Scholarship
Legal doctrines and decisional norms treat chronic claims pain differently than other kinds of disability or damages claims because of bias and confusion about whether chronic pain is real. This is law’s painful disparity. Now, breakthrough neuroimaging can make pain visible, shedding light on these mysterious ills. Neuroimaging shows these conditions are, as sufferers have known all along, painfully real. This Article is about where law ought to change because of innovations in structural and functional imaging of the brain in pain. It describes cutting-edge scientific developments and the impact they should make on evidence law and disability law, and, …
The Expanded Use Of Wiretap Evidence In White-Collar Prosecutions: Rebalancing Privacy Through More Vigorous Enforcement Of The Predicate Offense Requirement And The Suppression Provisions Of Title Iii, Kyle G. Grimm
Pace Law Review
With the expanded use of wiretaps, courts will be faced in the coming years with questions concerning the contours of statutory authorization and the consequences of this expanded use into areas not traditionally associated with wiretap evidence. This is especially true in light of the fact that the United States Department of Justice (“DOJ”) has already promised that its use of wiretaps will “continue to go up dramatically.” This Article attempts to highlight some of the consequences of failing to strictly adhere to the statutory requirements of Title III, most importantly the predicate offense and necessity requirements. It then suggests …
Women As Expert Witnesses: A Review Of The Literature, Tess M. S. Neal
Women As Expert Witnesses: A Review Of The Literature, Tess M. S. Neal
University of Nebraska Public Policy Center: Publications
This review of women’s participation in the legal system as expert witnesses examines the empirical literature on the perceived credibility and persuasiveness of women compared with men experts. The effects of expert gender are complex and sometimes depend on the circumstances of the case. Some studies find no differences, some find favorable effects for women and others for men, and still others find that expert gender interacts with other circumstances of the case. The findings are interpreted through social role theory and the role incongruity theory of prejudice. Future directions for research are identified and implications are considered for attorneys …
Impeachment By Unreliable Conviction, Anna Roberts
Impeachment By Unreliable Conviction, Anna Roberts
Faculty Scholarship
No abstract provided.
He Loves Me? He Loves Me Not? He Wants To Keep Me From Testifying?, Cynthia Ford
He Loves Me? He Loves Me Not? He Wants To Keep Me From Testifying?, Cynthia Ford
Faculty Journal Articles & Other Writings
This article discusses spousal privilege as it exists in Montana.
Responding To Independent Juror Research In The Internet Age: Positive Rules, Negative Rules, And Outside Mechanisms, Robbie Manhas
Responding To Independent Juror Research In The Internet Age: Positive Rules, Negative Rules, And Outside Mechanisms, Robbie Manhas
Michigan Law Review
Independent juror research is an old problem for jury trials. It invites potentially prejudicial, irrelevant, and inaccurate information to guide jury decisionmaking. At the same time, independent juror research compromises our adversarial system by preventing parties from responding to all the evidence under consideration and obfuscating the record on which the jury’s decision is made. These threats have only increased in the internet age, where inappropriate sources of information are ubiquitous and where improper access is hard to detect. Nevertheless, courts and parties continue to engage in the same inhibitory measures they have employed for decades. This Note argues for …
How To Avoid The Death Of Your Case By Two Billion Paper Cuts: Encouraging Arbitration As An Alternative Way To Resolve Costly Discovery Disputes, Tzipora Goodfriend-Gelernter
How To Avoid The Death Of Your Case By Two Billion Paper Cuts: Encouraging Arbitration As An Alternative Way To Resolve Costly Discovery Disputes, Tzipora Goodfriend-Gelernter
Pepperdine Dispute Resolution Law Journal
This article analyzes the costly effect of electronic information on discovery practice and advocates for the arbitration of discovery disputes. Part II discusses the background of electronic discovery, the evolution of our reliance on ESI (electronically stored information) as part of our modern day discovery practice, and the benefits and detriments of electronic discovery. Part III discusses the effects of our reliance on electronic discovery and the implications of those effects on litigating parties. It examines how the increasingly computer-based world of discovery has increased the cost of litigation disputes significantly and proposes using the patent arbitration model as a …
An Uncertain Privilege: Reexamining Garner V. Wolfinbarger And Its Effect On Attorney-Client Privilege, Benjamin Cooper
An Uncertain Privilege: Reexamining Garner V. Wolfinbarger And Its Effect On Attorney-Client Privilege, Benjamin Cooper
Cardozo Law Review
No abstract provided.
Toward A Child-Centered Approach To Evaluating Claims Of Alienation In High-Conflict Custody Disputes, Allison M. Nichols
Toward A Child-Centered Approach To Evaluating Claims Of Alienation In High-Conflict Custody Disputes, Allison M. Nichols
Michigan Law Review
Theories of parental alienation abound in high-conflict custody cases. The image of one parent brainwashing a child against the other parent fits with what we think we know about family dynamics during divorce. The concept of a diagnosable “Parental Alienation Syndrome” (“PAS”) developed as an attempt to explain this phenomenon, but it has been widely discredited by mental health professionals and thus fails the standard for evidentiary admissibility. Nevertheless, PAS and related theories continue to influence the decisions of family courts, and even in jurisdictions that explicitly reject such theories, judges still face the daunting task of resolving these volatile …
Bridging The Cellular Divide: A Search For Consensus Regarding Law Enforcement Access To Historical Cell Data, Zachary Ross
Bridging The Cellular Divide: A Search For Consensus Regarding Law Enforcement Access To Historical Cell Data, Zachary Ross
Cardozo Law Review
No abstract provided.
A Primer On The Use Of Dangerous Trial Exhibits, Robert M. Jarvis
A Primer On The Use Of Dangerous Trial Exhibits, Robert M. Jarvis
Faculty Scholarship
It sometimes is necessary at trial to introduce a dangerous exhibit-such as a bomb, gun, or knife-to bolster a client's story, discredit an opposing witness, or give the jury a clearer picture of the underlying events. Doing so, however, requires care and planning. Not only do many courts have specific rules regarding how such exhibits are to be noticed, handled, and displayed, but there are also numerous practical and tactical considerations that must be weighed. In this Article, the author presents the first comprehensive discussion regarding dangerous trial exhibits and offers suggestions for their successful use.
Ballast Water Samples As "Scientific Evidence”, Jennie Folkunger
Ballast Water Samples As "Scientific Evidence”, Jennie Folkunger
NSBWO
The Ballast Water Management Convention was established as a response to the global issue of the spread of invasive species. The entry into force of the Convention is supposedly imminent, but many issues remain to be solved to ensure its success in preventing the spread of invasive species. Considering the implications involved, it is of great importance for the success of the Convention that sampling procedures to determine compliance are robust and reliable. Further, sampling results must gain acceptance as scientific evidence and basis for enforcement actions. The IMO has produced guidelines and recommendations that are to be evaluated during …
Anti-Justice, Melanie D. Wilson
Anti-Justice, Melanie D. Wilson
Scholarly Articles
This Article contends that, despite their unique, ethical duty to “seek justice,” prosecutors regularly fail to fulfill this ethical norm when removed from the traditional, adversarial courtroom setting. Examples abound. For instance, in 2013, Edward Snowden leaked classified information revealing a government-operated surveillance program known as PRISM. That program allows the federal government to collect metadata from phone companies and email accounts and to monitor phone conversations. Until recently, prosecutors relied on some of this covertly acquired intelligence to build criminal cases against American citizens without informing the accused. In failing to notify defendants, prosecutors violated the explicit statutory directives …
Chapter 623: Giving The Wrongfully Convicted A Better Chance At Review, Natasha Machado
Chapter 623: Giving The Wrongfully Convicted A Better Chance At Review, Natasha Machado
McGeorge Law Review
No abstract provided.
Proving Toxic Harm: Getting Past Slice And Dice Tactics, Andrew S. Lipton
Proving Toxic Harm: Getting Past Slice And Dice Tactics, Andrew S. Lipton
McGeorge Law Review
No abstract provided.
“Testilying” In Family Court, John E.B. Myers
“Testilying” In Family Court, John E.B. Myers
McGeorge Law Review
No abstract provided.
"Testilying" In Family Court, John E.B. Myers
"Testilying" In Family Court, John E.B. Myers
McGeorge School of Law Scholarly Articles
No abstract provided.
The Expanding Use Of Genetic And Psychological Evidence: Finding Coherence In The Criminal Law?, Michael Vitiello
The Expanding Use Of Genetic And Psychological Evidence: Finding Coherence In The Criminal Law?, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
On Demonstrative Evidence And Trial Graphics: What Works And What Doesn't, Ryan Flax
On Demonstrative Evidence And Trial Graphics: What Works And What Doesn't, Ryan Flax
Criminal Law Practitioner
No abstract provided.
On Professionalism, Civility, & Discovery, Kathryn Todryk
On Professionalism, Civility, & Discovery, Kathryn Todryk
Criminal Law Practitioner
No abstract provided.
Exploring The Prejudicial Effect Of Gang Evidence: Under What Conditions Will Jurors Ignore Reasonable Doubt, Mitchell L. Eisen, Brenna M. Dotson
Exploring The Prejudicial Effect Of Gang Evidence: Under What Conditions Will Jurors Ignore Reasonable Doubt, Mitchell L. Eisen, Brenna M. Dotson
Criminal Law Practitioner
No abstract provided.
The 'Rhyme Or Reason' Behind Prosecutorial Use Of Rape Lyrics As Evidence In Criminal Trials, Robery Nothdurft Jr
The 'Rhyme Or Reason' Behind Prosecutorial Use Of Rape Lyrics As Evidence In Criminal Trials, Robery Nothdurft Jr
Criminal Law Practitioner
No abstract provided.
The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial, Mitchell J. Frank
The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial, Mitchell J. Frank
Faculty Scholarship
No abstract provided.
Trial By Google: Judicial Notice In The Information Age, Andrew Ferguson
Trial By Google: Judicial Notice In The Information Age, Andrew Ferguson
Scholarly Articles in Law Reviews & Journals
This Article presents a theory of judicial notice for the information age. It argues that the ease of accessing factual data on the Internet allows judges and litigants to expand the use of judicial notice in ways that raise significant concerns about admissibility, reliability, and fair process. State and federal courts are already applying the surprisingly pliant judicial notice rules to bring websites ranging from Google Maps to Wikipedia into the courtroom, and these decisions will only increase in frequency in coming years. This rapidly emerging judicial phenomenon is notable for its ad hoc and conclusory nature – attributes that …
Contents May Have Shifted: Disentangling The Best Evidence Rule From The Rule Against Hearsay, Colin Miller
Contents May Have Shifted: Disentangling The Best Evidence Rule From The Rule Against Hearsay, Colin Miller
Faculty Publications
Vince brings a battery action against Dan based upon an encounter between the two men. Dan claims that he was acting in self-defense and wants to testify that Ed sent him the following text message minutes before the encounter: “Vince is coming to see you to collect on that drug debt that you owe him.” Dan could argue that he is offering the statement not to prove the truth of the matter asserted but to prove its “effect on the listener,” making it nonhearsay Specifically, Dan could claim that he is offering the statement to prove that, regardless of whether …
Redesigning The Science Court, Justin Sevier
Redesigning The Science Court, Justin Sevier
Maryland Law Review
No abstract provided.
Hits, Misses, And False Alarms In Blind And Sequential Administration Of Lineups, Roger C. Park
Hits, Misses, And False Alarms In Blind And Sequential Administration Of Lineups, Roger C. Park
Faculty Scholarship
No abstract provided.
Seeing Is Believing: The Anti-Inference Bias, Eyal Zamir Prof., Ilana Ritov, Doron Teichman
Seeing Is Believing: The Anti-Inference Bias, Eyal Zamir Prof., Ilana Ritov, Doron Teichman
Indiana Law Journal
A large body of studies suggests that people are reluctant to impose liability on the basis of circumstantial evidence alone, even when this evidence is more reliable than direct evidence. Current explanations for this pattern of behavior focus on factors such as the tendency of fact finders to assign low subjective probabilities to circumstantial evidence, the statistical nature of such evidence, and the fact that direct evidence can rule out with greater ease any competing factual theory regarding liability. This Article describes a set of four new experiments demonstrating that even when these factors are controlled for, the disinclination to …
Lost In Translation: Statistical Inference In Court, Erica Beecher-Monas
Lost In Translation: Statistical Inference In Court, Erica Beecher-Monas
Law Faculty Research Publications
No abstract provided.