Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Law (37)
- Criminal Procedure (34)
- Constitutional Law (12)
- Litigation (11)
- Law Enforcement and Corrections (10)
-
- Law and Society (10)
- Legal History (10)
- Courts (9)
- Judges (9)
- Jurisprudence (9)
- Legal Ethics and Professional Responsibility (9)
- Civil Procedure (8)
- State and Local Government Law (8)
- Civil Rights and Discrimination (7)
- Comparative and Foreign Law (7)
- Health Law and Policy (7)
- International Law (7)
- Law and Race (7)
- Legal Profession (7)
- Legal Writing and Research (7)
- Science and Technology Law (6)
- Social and Behavioral Sciences (6)
- Supreme Court of the United States (6)
- Torts (6)
- Communications Law (5)
- Contracts (5)
- Dispute Resolution and Arbitration (5)
- Fourteenth Amendment (5)
- Institution
-
- Yeshiva University, Cardozo School of Law (9)
- American University Washington College of Law (4)
- Roger Williams University (4)
- University of Michigan Law School (4)
- Vanderbilt University Law School (4)
-
- William & Mary Law School (4)
- Cornell University Law School (3)
- Maurer School of Law: Indiana University (3)
- Penn State Dickinson Law (3)
- Seattle University School of Law (3)
- University of Denver (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- Boston University School of Law (2)
- Brigham Young University Law School (2)
- Fordham Law School (2)
- Georgia State University College of Law (2)
- Mitchell Hamline School of Law (2)
- Pace University (2)
- University of Arkansas Little Rock (2)
- University of Miami Law School (2)
- University of South Carolina (2)
- University of Washington School of Law (2)
- Bemidji State University (1)
- Brooklyn Law School (1)
- Chicago-Kent College of Law (1)
- City University of New York (CUNY) (1)
- Columbia Law School (1)
- Duke Law (1)
- Embry-Riddle Aeronautical University (1)
- Florida A&M University College of Law (1)
- Keyword
-
- Evidence (27)
- Admissibility (4)
- Bias (4)
- Criminal Law (4)
- Discovery (4)
-
- Federal Rules of Evidence (4)
- Law (4)
- Criminal law (3)
- Hearsay (3)
- Politics (3)
- Self-incrimination (3)
- Sturm College of Law (3)
- Brady (2)
- Brown (2)
- Challenges for cause (2)
- Civil rights (2)
- Communications Law (2)
- Court (2)
- Criminal (2)
- Criminal Law and Procedure (2)
- Criminal Procedure (2)
- Culture (2)
- Disclosure (2)
- Due process (2)
- Equality (2)
- Expert evidence (2)
- Family (2)
- Federal (2)
- Fifth Amendment (2)
- Hearings (2)
- Publication
-
- Faculty Scholarship (6)
- Cardozo Law Review (4)
- Articles (3)
- Dickinson Law Review (2017-Present) (3)
- Nevada Supreme Court Summaries (3)
-
- Roger Williams University Law Review (3)
- Scholarly Articles in Law Reviews & Journals (3)
- Seattle University Law Review (3)
- Sturm College of Law: Faculty Scholarship (3)
- Brigham Young University Journal of Public Law (2)
- Cardozo Journal of Conflict Resolution (2)
- Elisabeth Haub School of Law Faculty Publications (2)
- Faculty Publications (2)
- Fordham Law Review (2)
- Georgia State University Law Review (2)
- Other Publications (2)
- South Carolina Law Review (2)
- University of Arkansas at Little Rock Law Review (2)
- Vanderbilt Law School Faculty Publications (2)
- Akron Law Review (1)
- All Faculty Publications (1)
- Articles & Book Chapters (1)
- Articles & Chapters (1)
- Articles by Maurer Faculty (1)
- Articles, Chapters in Books and Other Contributions to Scholarly Works (1)
- Brooklyn Journal of International Law (1)
- Buffalo Public Interest Law Journal (1)
- Capstones (1)
- Cardozo Journal of Equal Rights & Social Justice (1)
- Cardozo Law Review de•novo (1)
- Publication Type
Articles 1 - 30 of 96
Full-Text Articles in Evidence
How Much Do Expert Opinions Matter? An Empirical Investigation Of Selection Bias, Adversarial Bias, And Judicial Deference In Chinese Medical, Chunyan Ding
Brooklyn Journal of International Law
This article investigates the nature of the operation and the role of expert opinions in Chinese medical negligence litigation, drawing on content analysis of 3,619 medical negligence cases and an in-depth survey of judges with experience of adjudicating medical negligence cases. It offers three major findings: first, that both parties to medical negligence disputes show significant selection bias of medical opinions, as do courts when selecting court-appointed experts; second, expert opinions in medical negligence litigation demonstrate substantial adversarial bias; third, courts display very strong judicial deference to expert opinions in determining medical negligence liability. This article fills the methodological gap …
Finding Justice, Hannah Miller
Finding Justice, Hannah Miller
Capstones
Finding Justice tackles the devastation caused by wrongful conviction through the journey of Jeffrey Deskovic. After serving 16 years in prison for a murder he didn’t commit, Deskovic has strived to rebuild his life. The film follows him as he finishes law school and runs a foundation that frees the wrongfully convicted, all while dealing with lingering trauma.
Regulating Bite Mark Evidence: Lesbian Vampires And Other Myths Of Forensic Odontology, Jennifer D. Oliva, Valena E. Beety
Regulating Bite Mark Evidence: Lesbian Vampires And Other Myths Of Forensic Odontology, Jennifer D. Oliva, Valena E. Beety
Washington Law Review
This is the third piece in a trilogy that examines and evaluates the standards that American courts apply to admit forensic “science” evidence proffered by prosecutors in criminal trials. The first two articles in the trilogy expose the criminal courts’ on-going practice of admitting false forensic evidence that is virtually always excluded in civil cases. They also advance a panoply of procedural and evidentiary solutions aimed at reforming this legally unviable discrepancy. Those solutions are court-centric insofar as they advocate for, among other things, open and early criminal discovery, pre-trial Daubert hearings to challenge evidence and experts, and court-appointment of …
Hb 282 - Preservation Of Sexual Assault Evidence, Rebecca A. Dickinson, Alessandra T. Palazzolo
Hb 282 - Preservation Of Sexual Assault Evidence, Rebecca A. Dickinson, Alessandra T. Palazzolo
Georgia State University Law Review
This Act extends the time that law enforcement agencies are required to preserve certain evidence of sexual assault. Physical evidence of a reported sexual assault will be preserved for fifty years, and if there is an arrest, for thirty years from the date of arrest or seven years from the sentence’s completion.
International Arbitration And Attorney-Client Privilege — A Conflict Of Laws Approach, Susan Franck
International Arbitration And Attorney-Client Privilege — A Conflict Of Laws Approach, Susan Franck
Scholarly Articles in Law Reviews & Journals
Privilege determinations in international arbitration are currently the equivalent of the “wild west,” with minimal predictability and massive pockets of tribunal discretion. Yet protecting privilege in international arbitration — when the same document or communications with lawyers that is protected by United States law may receive no protection under another law — is fundamental to safeguarding attorney-client relationships within a global environment, incentivizing procedural integrity of dispute resolution, and ensuring that justice is done. As it is not clear what law applies to privilege and client confidentiality (let alone how the law is determine), this Essay begins to bridge the …
Judicial Treatment Of Aboriginal Peoples’ Oral History Evidence: More Room For Reconciliation, Jimmy Peterson
Judicial Treatment Of Aboriginal Peoples’ Oral History Evidence: More Room For Reconciliation, Jimmy Peterson
Dalhousie Law Journal
Oral history is the only past record in many Aboriginal groups in Canada. In 1997, in Delgamuukw, the Supreme Court of Canada recognized that the strict approach to evidence law with respect to oral history had to be relaxed for Aboriginal peoples to be able to pursue claims to Aboriginal rights or Aboriginal title. This was a necessary element of the attempt to achieve reconciliation between Aboriginal and non-Aboriginal peoples. Yet, while evidence law has become increasingly flexible when it comes to accommodating Aboriginal peoples, courts have struggled with how to value oral traditions. A review of the case …
Killer's Code: Familial Dna Searches Through Third-Party Databases Under Carpenter, Jesse Kitnick
Killer's Code: Familial Dna Searches Through Third-Party Databases Under Carpenter, Jesse Kitnick
Cardozo Law Review
No abstract provided.
Evidence’S #Metoo Moment, Aníbal Rosario-Lebrón
Evidence’S #Metoo Moment, Aníbal Rosario-Lebrón
University of Miami Law Review
The #MeToo movement has drawn attention to the prevalence of sexual and gender-based violence. But more importantly, it has exposed how society discounts the testimony of women. This Article unfolds how this credibility discounting is reinforced in our evidentiary system through the use of character for untruthfulness evidence to impeach victims. Specifically, through defense attorneys’ practice of impeaching sexual and gender-based violence victims’ character for truthfulness as a way to introduce functional evidence of credibility biases regarding the trustworthiness of sexual and gender-based violence victims and the plausibility of their testimonies. The Article further shows a correlation between the poor …
Catching Killers With Consumer Genetic Information, Angela Hackstadt
Catching Killers With Consumer Genetic Information, Angela Hackstadt
University Libraries Faculty Scholarship
In April 2018, Joseph James D'Angelo was arrested as a suspect in the Golden State Killer case. DNA evidence collected at a 1980 crime scene finally shed light on the murderer's identity in early 2018 when investigators turned to GEDMatch, a service that allows users to upload and share DNA data obtained from consumer genetic tests. Consumer genetic testing, DNA collection, and familial DNA searching all raise ethical and privacy concerns. If investigators are using genetic genealogy to solve cold cases, where does that leave consumers?
Law Symposium: Adjudicating Sexual Misconduct On Campus: Title Ix And Due Process In Uncertain Times, Roger Williams University School Of Law, Michael M. Bowden
Law Symposium: Adjudicating Sexual Misconduct On Campus: Title Ix And Due Process In Uncertain Times, Roger Williams University School Of Law, Michael M. Bowden
School of Law Conferences, Lectures & Events
No abstract provided.
"I Still Like Smear": The Senate Judiciary Committee's Obstructing Politics Surrounding The Kavanaugh Hearing And A Solution To The Chaos That Ensued, Frank J. Tantone
"I Still Like Smear": The Senate Judiciary Committee's Obstructing Politics Surrounding The Kavanaugh Hearing And A Solution To The Chaos That Ensued, Frank J. Tantone
Journal of Civil Rights and Economic Development
(Excerpt)
The incredible events and raucous behavior by members of the Committee that colored Justice Kavanaugh’s confirmation process rose to a level of intensity and virulence never seen before in this specific area of American government and politics. Nevertheless, the most analogous situation that somewhat closely reflects the events that transpired in 2018 occurred seventeen years earlier. President George H.W. Bush, on July 1, 1991, nominated then District of Columbia Circuit Court Judge, Clarence Thomas, to replace Justice Thurgood Marshall on the Supreme Court. Thomas’s confirmation hearing was also opposed from the outset but by civil rights and feminist organizations …
Assessing The Impact Of Police Body Camera Evidence On The Litigation Of Excessive Force Cases, Mitch Zamoff
Assessing The Impact Of Police Body Camera Evidence On The Litigation Of Excessive Force Cases, Mitch Zamoff
Georgia Law Review
In the wake of several hotly debated and widely publicized shootings of civilians by police officers, calls for the increased use of body-worn cameras (bodycams) by law enforcement officers have intensified. As police departments across the country expand their use of this emergent technology, courts will increasingly be presented with video evidence from bodycams when making determinations in cases alleging the excessive use of force by the police. This Article tests the hypotheses that bodycam evidence will be dispositive in most excessive force cases and that such evidence will positively impact the way those cases are litigated and decided. In …
Gathrite V. Eighth Jud. Dist. Ct., 135 Nev. Adv. Op. 54 (Nov. 7, 2019), Skylar Arakawa-Pamphilon
Gathrite V. Eighth Jud. Dist. Ct., 135 Nev. Adv. Op. 54 (Nov. 7, 2019), Skylar Arakawa-Pamphilon
Nevada Supreme Court Summaries
For purposes of NRS 172.135(2), evidence that has been suppressed in justice court proceedings on a felony complaint is not “legal evidence,” and therefore, may not be presented to a grand jury. The Court will grant an exception to this rule if the suppression was reversed before the grand jury proceedings.
Standards Of Review In Texas, W. Wendell Hall, Ryan G. Anderson
Standards Of Review In Texas, W. Wendell Hall, Ryan G. Anderson
St. Mary's Law Journal
Abstract forthcoming
The Noisy "Silent Witness": The Misperception And Misuse Of Criminal Video Evidence, Aaron M. Williams
The Noisy "Silent Witness": The Misperception And Misuse Of Criminal Video Evidence, Aaron M. Williams
Indiana Law Journal
This Note examines recent developments in the research of situational video evidence biases. Part I examines the current and growing body of psychological research into the various situational biases that can affect the reliability of video evidence and the gaps in this research that require further attention from researchers and legal academics. Because these biases do not “operate in a vacuum,” Part I also examines some of the recent and exciting research into the interaction between situational and dispositional biases. Part II examines the development of camera and video processing technology and its limitations as a means of mitigating such …
Continuing Evolution Of Juvenile Sentencing Laws, Misty Wilson Borkowski
Continuing Evolution Of Juvenile Sentencing Laws, Misty Wilson Borkowski
University of Arkansas at Little Rock Law Review
No abstract provided.
Goat Testicles, Scientific Evidence, And Consequences: Stopping A Killing Spree With Nothing But Evidence Law, William Gordon Childs
Goat Testicles, Scientific Evidence, And Consequences: Stopping A Killing Spree With Nothing But Evidence Law, William Gordon Childs
University of Arkansas at Little Rock Law Review
No abstract provided.
Climate Of Fear: Admission Of Prior Bad Acts To Establish Coercion In Human Trafficking Cases, Masha Simonova
Climate Of Fear: Admission Of Prior Bad Acts To Establish Coercion In Human Trafficking Cases, Masha Simonova
Cardozo Journal of Equal Rights & Social Justice
The article argues that evidence of a defendant's prior bad acts, such as gang membership or violent behavior, should be admissible in human trafficking cases to establish coercion. This evidence is crucial for demonstrating the "climate of fear" created by traffickers, which is central to proving coercion under the Trafficking Victims Protection Act (TVPA). The author contends that such evidence is not only intrinsic to the crime but also admissible under Federal Rule of Evidence 404(b) for permissible purposes, such as proving intent, knowledge, or modus operandi.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Why Do We Admit Criminal Confessions Into Evidence?, David Crump
Why Do We Admit Criminal Confessions Into Evidence?, David Crump
Seattle University Law Review
There is an enormous literature about the admissibility of criminal confessions. But almost all of it deals with issues related to self-incrimination or, to a lesser extent, with hearsay or accuracy concerns. As a result, the question whether we ever admit criminal confessions into evidence has not been the subject of much analysis. This gap is odd, since confessions are implicitly disfavored by a proportion of the literature and they often collide with exclusionary doctrines. Furthermore, the self-incrimination issue sometimes is resolved by balancing, and it would help if we knew what we were balancing. Therefore, one might ask: Why …
Menendez-Cordero V. State, 135 Nev. Adv. Op. 29 (Jul 25, 2019), Nick Hagenkord
Menendez-Cordero V. State, 135 Nev. Adv. Op. 29 (Jul 25, 2019), Nick Hagenkord
Nevada Supreme Court Summaries
The Court concluded that (1) the empanelment of an anonymous jury does not, without actual prejudice, infringe on a defendant’s constitutional rights and the district court satisfied the abuse-of-discretion standard adopted; (2) the district court need not instruct a jury that is responsible for imposing a sentence in a first-degree murder case under NRS 175.552 about the effects of a deadly weapon enhancement; and (3) there was no abuse of discretion in the district court’s decision to admit Menendez-Cordero’s threats as consciousness-of-guilt evidence.
Staying Faithful To The Standards Of Proof, Kevin M. Clermont
Staying Faithful To The Standards Of Proof, Kevin M. Clermont
Cornell Law Review
Academics have never quite understood the standards of proof or, indeed, much about the theory of proof Their formulations beget probabilistic musings, which beget all sorts of paradoxes, which in turn beget radical reconceptions and proposals for reform. The theoretical radicals argue that the law needs some basic reconception such as recognizing the aim of legal proof as not at all a search for truth but rather the production of an acceptable result, or that the law needs some shattering reform such as greatly heightening the civil standard of proof on each part of the case to ensure a more-likely …
Due Process People V. Scott (Decided June 5, 1996)
Due Process People V. Scott (Decided June 5, 1996)
Touro Law Review
No abstract provided.
An Examination Of Computer Forensics And Related Certifications In The Accounting Curriculum, Michael A. Seda, Bonita Peterson Kramer, D. Larry Crumbley
An Examination Of Computer Forensics And Related Certifications In The Accounting Curriculum, Michael A. Seda, Bonita Peterson Kramer, D. Larry Crumbley
Journal of Digital Forensics, Security and Law
Forensic accounting has been a fast-growing niche area within the accounting field for many years. While there has been dramatic growth in the number of courses and degrees in forensic accounting offered by universities, certain relevant topics receive little coverage, such as computer forensics. The purpose of this paper is to examine the views of accounting academics and practitioners pertaining to integrating computer forensics in the accounting curriculum, as well as to determine which forensic accounting certifications the respondents hold. Differences in opinions between the two groups are discussed, along with recommendations on how to improve the forensic accounting curriculum …
Judges Versus Jurors: Biased Attributions In The Courtroom, Goran Dominioni, Pieter Desmet, Louis Visscher
Judges Versus Jurors: Biased Attributions In The Courtroom, Goran Dominioni, Pieter Desmet, Louis Visscher
Cornell International Law Journal
The fundamental purpose of a tort trial is to allocate responsibility. However, attributing fault is difficult, and decades of research in psychology have shown that human beings are prone to make systematic errors in performing this task. What can be done about this? The United States and countries in continental Europe adopt diametrically opposed strategies to reduce errors in the attribution of responsibility in the courtroom. American law delegates fact-finding to jurors and makes some type of evidence inadmissible in court to protect jurors from potentially biasing information, such as character evidence. European legal systems, instead, employ almost exclusively judges …
Pharmaceutical Industry Funding To Patient-Advocacy Organization: A Cross-National Comparison Of Disclosure Codes And Regulation, Laura Karas, Robin Feldman, Bai Ge, So Yeon Kang, Gerard F. Anderson
Pharmaceutical Industry Funding To Patient-Advocacy Organization: A Cross-National Comparison Of Disclosure Codes And Regulation, Laura Karas, Robin Feldman, Bai Ge, So Yeon Kang, Gerard F. Anderson
Articles
Transparency has become one of the primary themes in health care reform efforts in the United States and across the world. In the face of exorbitant drug prices, high levels of patient cost-sharing, and pharmaceutical expenditures that consume a growing proportion of public sector budgets, much attention has been drawn to the pharmaceutical industry. Congressional investigations, academic publications, and news articles have endeavored to reveal the extent of drug and device industry influence on health care actors. In response, several nations, including the United States, have passed legislation mandating disclosure of drug company payments to physicians. In the United States, …
New Juvenile Discovery Rules: Mandatory, Comprehensive, And Streamlined., Joshua B. Kay
New Juvenile Discovery Rules: Mandatory, Comprehensive, And Streamlined., Joshua B. Kay
Articles
The recently promulgated amendments and additions to the civil discovery rules include several changes affecting child protection and juvenile delinquency proceedings.1 The updates should make discovery in juvenile court matters more efficient by clarifying what is discoverable and requiring more timely exchange of information.
Can You Hear Me Now: The Impacts Of Prosecutorial Call Monitoring On Defendants' Access To Justice, Hope L. Demer
Can You Hear Me Now: The Impacts Of Prosecutorial Call Monitoring On Defendants' Access To Justice, Hope L. Demer
South Carolina Law Review
No abstract provided.
Forensic Science Evidence And The Limits Of Cross-Examination, Gary Edmond, Emma Cunliffe, Kristy Martire, Mehera San Roque
Forensic Science Evidence And The Limits Of Cross-Examination, Gary Edmond, Emma Cunliffe, Kristy Martire, Mehera San Roque
All Faculty Publications
The ability to confront witnesses through cross-examination is conventionally understood as the most powerful means of testing evidence, and one of the most important features of the adversarial trial. Popularly feted, cross-examination was immortalised in John Henry Wigmore’s (1863–1943) famous dictum that it is ‘the greatest legal engine ever invented for the discovery of truth’. Through a detailed review of the cross-examination of a forensic scientist, in the first scientifically-informed challenge to latent fingerprint evidence in Australia, this article offers a more modest assessment of its value. Drawing upon mainstream scientific research and advice, and contrasting scientific knowledge with answers …
Maryland Makes New Evidence Postconviction Review Provisions Available To Defendants With Plea Deals, Felicia Langel
Maryland Makes New Evidence Postconviction Review Provisions Available To Defendants With Plea Deals, Felicia Langel
Maryland Law Review Online
No abstract provided.