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Evidence Commons™

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2025

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Articles 151 - 162 of 162

Full-Text Articles in Evidence

Volume 48 Masthead, Seattle University Law Review Jan 2025

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead


Understanding The Big Three’S Wavering Support Of Environmental And Social Shareholder Proposals, Jeff Schwartz, Jefferson Jensen Jan 2025

Understanding The Big Three’S Wavering Support Of Environmental And Social Shareholder Proposals, Jeff Schwartz, Jefferson Jensen

Seattle University Law Review

Because of their substantial equity portfolios, BlackRock, Vanguard, and State Street (the Big 3) are central players in corporate governance. It is, therefore, critical to understand how they vote. One puzzle is that their support for shareholder proposals on environmental and social matters appears to waiver. In 2020, for instance, BlackRock supported 11.1% of environmental proposals at S&P 500 firms. In 2021, it seemingly reversed course, supporting 55.2%. It then flipped again, supporting 32.1% in 2022. Such statistics suggest that the Big 3 are constantly changing their views on these topics. This Article seeks to better understand whether this is …


Volume 48 Masthead, Seattle University Law Review Jan 2025

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead


Let's Break Some Rules: Immodest Proposals For Evidence Reform, Len Niehoff Jan 2025

Let's Break Some Rules: Immodest Proposals For Evidence Reform, Len Niehoff

Articles

In 1975, when the American Bar Association launched LITIGATION, its editors dedicated the entirety of one of the journal's first issues to evidence. Authors included distinguished practitioners, respected judges, and academic giants like Margaret A. Berger, Irving Younger, and Jim McElhaney. Subjects varied, but the articles shared a common sensibility: The recently adopted Federal Rules of Evidence were a good thing.


Consensus And Conflict Over Context: Select Criminal Law And Procedure Cases From The Supreme Court's 2024-25 Term, Eve Brensike Primus, Elena Schultz Jan 2025

Consensus And Conflict Over Context: Select Criminal Law And Procedure Cases From The Supreme Court's 2024-25 Term, Eve Brensike Primus, Elena Schultz

Articles

In its 2024-2025 Term, the Supreme Court emphasized the utility—and necessity—of context-based, fact-sensitive analyses throughout its criminal law and procedure cases. Though the Justices sparred over how to derive meaning from factual, structural, legal, and historical contexts, they tended to agree that courts should not be artificially restricted from considering the breadth of the record before them.


The Difference A Year Makes: The Admissibility Of Expert Opinion Testimony Under The 2023 Amendment To Federal Rule Of Evidence 702, Daniel J. Capra, Liesa L. Richter Jan 2025

The Difference A Year Makes: The Admissibility Of Expert Opinion Testimony Under The 2023 Amendment To Federal Rule Of Evidence 702, Daniel J. Capra, Liesa L. Richter

Other Faculty Publications

No abstract provided.


A New Deepfake Detection Method With No-Reference Image Quality Assessment To Resist Image Degradation, Jiajun Jiang, Wen-Chao Yang, Chung-Hao Chen, Timothy Young Jan 2025

A New Deepfake Detection Method With No-Reference Image Quality Assessment To Resist Image Degradation, Jiajun Jiang, Wen-Chao Yang, Chung-Hao Chen, Timothy Young

Electrical & Computer Engineering Faculty Publications

Deepfake technology, which utilizes advanced AI models such as Generative Adversarial Networks (GANs), has led to the proliferation of highly convincing manipulated media, posing significant challenges for detection. Existing detection methods often struggle with the low-quality or compressed press, which is prevalent on social media platforms. This paper proposes a novel Deepfake detection framework that leverages No-Reference Image Quality Assessment (NRIQA) techniques, specifically, BRISQUE, NIQE, and PIQUE, to extract quality-related features from facial images. These features are then classified using a Support Vector Machine (SVM) with various kernel functions. We evaluate our method under both intra-dataset and cross-dataset settings. For …


New Insights On Expert Opinion About Eyewitness Memory Research, Travis M. Seale-Carlisle, Adele Quigley-Mcbride, Jennifer E. F. Teitcher, William E. Crozier, Chad S. Dodson, Brandon L. Garrett Jan 2025

New Insights On Expert Opinion About Eyewitness Memory Research, Travis M. Seale-Carlisle, Adele Quigley-Mcbride, Jennifer E. F. Teitcher, William E. Crozier, Chad S. Dodson, Brandon L. Garrett

Faculty Scholarship

Experimental psychologists investigating eyewitness memory have periodically gathered their thoughts on a variety of eyewitness memory phenomena. Courts and other stakeholders of eyewitness research rely on the expert opinions reflected in these surveys to make informed decisions. However, the last survey of this sort was published more than 20 years ago, and the science of eyewitness memory has developed since that time. Stakeholders need a current database of expert opinions to make informed decisions. In this article, we provide that update. We surveyed 76 scientists for their opinions on eyewitness memory phenomena. We compared these current expert opinions to expert …


Affording Oral Tradition Evidence Due Weight Before The International Court Of Justice, Terrence Neal Jan 2025

Affording Oral Tradition Evidence Due Weight Before The International Court Of Justice, Terrence Neal

Faculty Scholarship

Oral traditions are irreplaceable sources of historical information, particularly with regard to Indigenous Peoples’ histories and cultures. However, when states have submitted oral traditions as evidence of historical practices, events, and circumstances in cases before the International Court of Justice (“Court”), the Court has been reluctant to afford them significant weight. This Article, which is the first detailed study on the Court’s treatment of oral traditions, examines whether the Court is failing to provide them due or appropriate weight. Based on historical, archaeological, and anthropological research, it establishes that oral traditions can be as reliable as written documents for reconstructing …


You Get The Jury You Get And You Don’T Throw A Fit, Taurus Myhand Jan 2025

You Get The Jury You Get And You Don’T Throw A Fit, Taurus Myhand

Scholarly Works

The proliferation of deepfake videos has resulted in rapid improvements in the technology used to create them. Although the use of fake videos and images is not new, advances in artificial intelligence have made deepfakes easier to make and harder to detect. Basic human perception is no longer sufficient to detect deepfakes. Yet, under the current construction of the Federal Rules of Evidence, trials judges are expected to do just that. Trial judges face a daunting challenge when applying the current evidence authentication standards to video evidence in this new reality of widely available deepfake videos. This article examines the …


A Conviction In Jeopardy: The Mysterious Case Against Scott Peterson, Jolie Bodner Zangari Jan 2025

A Conviction In Jeopardy: The Mysterious Case Against Scott Peterson, Jolie Bodner Zangari

Scholarly Works

No abstract provided.


The Jury Does Not Always Need Help From Lay Opinion Witnesses, Taurus Myhand Jan 2025

The Jury Does Not Always Need Help From Lay Opinion Witnesses, Taurus Myhand

Scholarly Works

Who is the “reasonable person”? There is little doubt that every competent legal professional, both in law practice and in the academic setting, has spent a great deal of time attempting to define the reasonable person. “Reasonableness is largely a matter of common sense.” In police encounters, the definition is certainly important to the outcome of questionable police conduct. How the reasonable person is defined often determines whether a police officer has infringed on an individual’s Fourth Amendment guarantee to be secure in their person against unreasonable searches and seizures. As the narratives of the news media shape how some …