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Articles 151 - 161 of 161
Full-Text Articles in Evidence
The Categorical Imperative: In Search Of The Mythical Perfect Privilege Log So Devoutly To Be Wished, Jared S. Sunshine
The Categorical Imperative: In Search Of The Mythical Perfect Privilege Log So Devoutly To Be Wished, Jared S. Sunshine
Touro Law Review
Though evidentiary privilege is amongst the most perplexing fields of the law, privilege logs are assuredly amongst the most vexing. With vastly increased discovery in the age of electronically stored information, the burdens incurred by individually articulating claims of privilege on every document have grown gargantuan. In desperate search of efficiencies, many commentators and courts have looked to “categorical” privilege logs that assert claims over generic groups of similar material rather than over each item seriatim. Disputes, however, have remained distressingly acrimonious, as these new categorical logs have proven no cure-all for the fundamental divergence of interests between litigants in …
Estrella V. Janney Montgomery Scott Llc, 296 A.3d 97 (R.I. 2023)., Kayla M. Brown
Estrella V. Janney Montgomery Scott Llc, 296 A.3d 97 (R.I. 2023)., Kayla M. Brown
Roger Williams University Law Review
No abstract provided.
Survey Of Capital Cases In Georgia, Jessica Heywood
Survey Of Capital Cases In Georgia, Jessica Heywood
Scholarly Works
This Article examines five cases decided during the Survey period: two decisions by the Supreme Court of Georgia and three decisions by federal courts involving Georgia defendants. The Georgia Supreme Court cases are a direct appeal and a habeas appeal. All three federal cases are habeas petitions by Georgia state prisoners. We included federal cases because they involve significant points of law and illustrate the United States Court of Appeals for the Eleventh Circuit’s continued lax oversight of habeas claims, decades after the passage of the Antiterrorism and Effective Death Penalty Act (AEDPA) by Congress. The small number of cases …
Deepfakes In Court: How Judges Can Proactively Manage Alleged Ai-Generated Material In National Security Cases, Abhishek Dalal, Chongyang Gao, Paul W. Grimm, Maura R. Grossman, Daniel W. Linna Jr., Chiara Pulice, V. S. Subrahmanian, John Tunheim
Deepfakes In Court: How Judges Can Proactively Manage Alleged Ai-Generated Material In National Security Cases, Abhishek Dalal, Chongyang Gao, Paul W. Grimm, Maura R. Grossman, Daniel W. Linna Jr., Chiara Pulice, V. S. Subrahmanian, John Tunheim
Faculty Scholarship
Dall-E. ChatGPT GPT-4. Words that did not exist in the English lexicon just a few years ago are now commonplace. With the widespread availability of Artificial Intelligence (AI) tools, specifically Generative AI, whether in the context of text, audio, video, imagery, or even combinations of these, it is inevitable that trials related to national security will involve evidentiary issues raised by Generative AI. We must confront two possibilities: first, that evidence presented is AI-generated and not real and, second, that other evidence is genuine but alleged to be fabricated. Technologies designed to detect AI-generated content have proven to be unreliable, …
False Accuracy In Criminal Trials: The Limits And Costs Of Cross Examination, Lisa Kern Griffin
False Accuracy In Criminal Trials: The Limits And Costs Of Cross Examination, Lisa Kern Griffin
Faculty Scholarship
According to the popular culture of criminal trials, skillful cross-examination can reveal the whole “truth” of what happened. In a climactic scene, defense counsel will expose a lying accuser, clear up the statements of a confused eyewitness, or surface the incentives and biases in testimony. Constitutional precedents, evidence theory, and trial procedures all reflect a similar aspiration—that cross-examination performs lie detection and thereby helps to produce accurate outcomes. Although conceptualized as a protection for defendants, cross-examination imposes some unexplored costs on them. Because it focuses on the physical presence of a witness, the current law of confrontation suggests that an …
Expert Malpractice, James R. Steiner-Dillon
Expert Malpractice, James R. Steiner-Dillon
Akron Law Faculty Publications
The provision of expert testimony in litigation has become a big business. The paradigmatic testifying expert is no longer the “amateur” expert who maintains a separate professional identity and testifies only once, or at most sporadically, in litigation to which their expertise is uniquely pertinent. Rather, they are a professional provider of litigation support services who spends a substantial part of their time, and derives a substantial part of their income from, consulting on pending or contemplated lawsuits. Legal rules concerning the provision of expert testimony continue to apply the former, obsolete paradigm of the testifying expert. This conflict of …
Similar Fact Evidence In Contractual Interpretation: Bhoomatidevi D/O Kishinchand Chugani Mrs Kavita Gope Mirwani V Nantakumar S/O V Ramachandra And Another [2023] Sghc 37, Calvin John Kaiwen Chirnside
Similar Fact Evidence In Contractual Interpretation: Bhoomatidevi D/O Kishinchand Chugani Mrs Kavita Gope Mirwani V Nantakumar S/O V Ramachandra And Another [2023] Sghc 37, Calvin John Kaiwen Chirnside
Research Collection Yong Pung How School Of Law
In the recent Singapore High Court case of Bhoomatidevi d/o Kishinchand Chugani Mrs Kavita Gope Mirwani v Nantakumar s/o v Ramachandra and another [2023] SGHC 37, the claimant argued, inter alia, that evidence of a prior contract between the first defendant and a third party should be admitted to prove that the defendant had entered into a loan agreement with her in his personal capacity. Justice Lee Seiu Kin dismissed her claim, applying s. 14 of the Evidence Act.
Recent Reads, Jolie Zangari
Introduction To The Symposium On Digital Evidence, Melissa (M.J.) Durkee, Tamar Megiddo
Introduction To The Symposium On Digital Evidence, Melissa (M.J.) Durkee, Tamar Megiddo
Scholarship@WashULaw
The past few decades have seen radical advances in the availability and use of digital evidence in multiple areas of international law. Witnesses snap cellphone photos of unfolding atrocities and post them online, while others share updates in real time through messaging apps. Immigration officers search cell phones. Private citizens launch open-source online investigations. Investigators scrape social media posts. Digital experts verify authenticity with satellite geolocation. These new types of evidence and digitally facilitated methods and patterns of evidence gathering and analysis are revolutionizing the everyday practice of international law, drawing in an ever-wider circle of actors who can contribute …
The Brady Database, Brandon L. Garrett, Adam M. Gershowitz, Jennifer Teitcher
The Brady Database, Brandon L. Garrett, Adam M. Gershowitz, Jennifer Teitcher
Faculty Scholarship
The Supreme Court’s landmark ruling in Brady v. Maryland turns sixty this year. The Brady doctrine, which requires the government to disclose favorable and material evidence to the defendant, is one of the most frequently litigated criminal procedure issues. Yet, despite decades of Brady cases in federal and state courts, we still know relatively little about how Brady claims are litigated, adjudicated, and what such claims can tell us about the criminal justice system writ large. Scholars are in the dark about how often Brady violations occur, whether it is primarily the fault of prosecutors or the police, whether violations …
Neglected Discovery, Jenia I. Turner, Ronald F. Wright, Michael Braun
Neglected Discovery, Jenia I. Turner, Ronald F. Wright, Michael Braun
Faculty Journal Articles and Book Chapters
In recent decades, many states have expanded discovery in criminal cases. These reforms were designed to make the criminal process fairer and more efficient. The success of these changes, however, depends on whether defense attorneys actually use the new discovery opportunities to represent their clients more effectively. Records from digital evidence platforms reveal that defense attorneys sometimes fail to carry out their professional duty to review discovery. Analyzing a novel dataset we obtained from digital evidence platforms used in Texas, we found that defense attorneys never accessed any available electronic discovery in a substantial number of felony cases between 2018 …