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Evidence Commons™

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2020

Discipline
Institution
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Publication
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Articles 91 - 97 of 97

Full-Text Articles in Evidence

Sexual Contact Between A Suspect And Police Officers: How Far Should Police Go To Prove Prostitution?, Paula Del Valle Torres Jan 2020

Sexual Contact Between A Suspect And Police Officers: How Far Should Police Go To Prove Prostitution?, Paula Del Valle Torres

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Anticipating Venezuela's Debt Crisis: Hidden Holdouts And The Problem Of Pricing Collective Action Clauses, Robert E. Scott, Stephen J. Choi, Mitu Gulati Jan 2020

Anticipating Venezuela's Debt Crisis: Hidden Holdouts And The Problem Of Pricing Collective Action Clauses, Robert E. Scott, Stephen J. Choi, Mitu Gulati

Faculty Scholarship

A creditor who asks for stronger enforcement rights upon its debtor’s default will rationally accept a lower interest rate reflecting the greater expected recovery the exercise of those rights provides. Over a dozen studies, however, have failed to document this basic relationship in the context of the collective action clause, a key provision in sovereign bonds. We conjecture that this failure is because enforcing the rights in question requires collective decision-making among anonymous creditors with different interests, impeding market predictions regarding future price effects. The pricing of rights that require collective enforcement thus turns on whether the market observes an …

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Harassment, Workplace Culture, And The Power And Limits Of Law, Suzanne B. Goldberg Jan 2020

Harassment, Workplace Culture, And The Power And Limits Of Law, Suzanne B. Goldberg

Faculty Scholarship

This article asks why it remains so difficult for employers to prevent and respond effectively to harassment, especially sexual harassment, and identifies promising points for legal intervention. It is sobering to consider social-science evidence of the myriad barriers to reporting sexual harassment – from the individual-level and interpersonal to those rooted in society at large. Most of these are out of reach for an employer but workplace culture stands out as a significant arena where employers have influence on whether harassment and other discriminatory behaviors are likely to thrive. Yet employers typically make choices in this area with attention to …

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Conference On Best Practices For Managing Daubert Questions, Daniel J. Capra, David G. Campbell, Debra A. Livingston, James P. Bassett, Shelly Dick, Traci L. Lovitt, Thomas Marten, Kathryn N. Nester, Thomas D. Schroeder, Elizabeth J. Shapiro, Timothy Lau, Vince Chhabria, John Z. Lee, William H. Orrick Iii, Edmund A. Sargus Jr., Sarah A. Vance, Edward K. Cheng Jan 2020

Conference On Best Practices For Managing Daubert Questions, Daniel J. Capra, David G. Campbell, Debra A. Livingston, James P. Bassett, Shelly Dick, Traci L. Lovitt, Thomas Marten, Kathryn N. Nester, Thomas D. Schroeder, Elizabeth J. Shapiro, Timothy Lau, Vince Chhabria, John Z. Lee, William H. Orrick Iii, Edmund A. Sargus Jr., Sarah A. Vance, Edward K. Cheng

Faculty Scholarship

This article is a transcript of the Philip D. Reed Lecture Series Conference on Best Practices for Managing Daubert Questions, held on October 25, 2019, at Vanderbilt Law School under the sponsorship of the Judicial Conference Advisory Committee on Evidence Rules. The transcript has been lightly edited and represents the panelists’ individual views only and in no way reflects those of their affiliated firms, organizations, law schools, or the judiciary.

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Discrete Rent-Seeking Games With An Application To Evidence Production, Giuseppe Dari-Mattiacci, Lewis A. Kornhauser Jan 2020

Discrete Rent-Seeking Games With An Application To Evidence Production, Giuseppe Dari-Mattiacci, Lewis A. Kornhauser

Faculty Scholarship

Evidence production at trial, the accumulation of patents in a technological race, and lobbying are contests that often involve strategic choices over a discrete set of options. The literature has primarily focused on games with continuous effort choices. We fill this gap by studying a rent-seeking game with discrete effort choices and, for a significant class of games, derive a transformation rule that allows one to find the equilibrium of the discrete game from the equilibrium of the continuous game, which is much simpler to identify. We also discuss the limits of this approach and how well the continuous game …

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Judging Eyewitness Evidence, Brandon L. Garrett Jan 2020

Judging Eyewitness Evidence, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

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Rule 43(A): Remote Witness Testimony And A Judiciary Resistant To Change, Christopher Fobes Jan 2020

Rule 43(A): Remote Witness Testimony And A Judiciary Resistant To Change, Christopher Fobes

Lewis & Clark Law Review

Technology has improved our lives in countless ways. In 1996, it made its way into our federal courtrooms and the Federal Rules of Civil Procedure when the Congress codified Rule 43(a). Rule 43(a) permits a witness to testify remotely via telephone or video transmission upon a showing of good cause. Despite this large step into the modern era, some courts are pressed to exclude a witness’s remote testimony because of Rule 43(a)’s burdensome good-cause standard and the risks implicated by such testimony. The judiciary has struggled to find cohesion in determining when remote witness testimony is permissible. This Note critiques …

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