Evidence Commons^™

The Admissibility Of Expert Testimony On Repressed Memories Of Childhood Sexual Abuse In Logerquist V. Mcvey: Reliability Takes A Back Seat To Relevancy, Tomika N. Stevens

Villanova Law Review (1956 - )

No abstract provided.

Attorney-Client Confidentiality And The Assessment Of Claimants Who Allege Posttraumatic Stress Disorder, Robert H. Aronson, Lonnie Rosenwald, Gerald M. Rosen

Articles

Posttraumatic Stress Disorder (PTSD) was first recognized by the American Psychiatric Association in 1980. A PTSD diagnosis requires an individual or individual's loved ones to have experienced a traumatic event that was a threat to life or physical integrity and caused the individual to react to the incident with a specific number of avoidance, reexperiencing, and hyper-arousal symptoms. Obtaining a PTSD diagnosis can be of great value to a personal-injury plaintiff who claims damages due to a traumatic event. Further, if the traumatic event is unquestioned and the individual reports the classic symptoms, a PTSD diagnosis is relatively easy to …

A Match Made In Maryland: Howard Chasanow And The Law Of Evidence, Alan D. Hornstein, Nichole G. Mazade

Maryland Law Review

No abstract provided.

Mapp Goes Abroad, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Evidentiary Considerations In Civil Cases, Lynn Mclain

All Faculty Scholarship

Handout from a presentation at the Maryland Judicial Institute outlining character evidence and providing the text of the applicable Rules.

New Developments In Scientific Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

When Science Is Too Daunting: Multiple Chemical Sensitivity, Federal Courts, And The Struggling Spirit Of Daubert, Carl H. Johnson

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Insurance-Weight Of Evidence-Construction Of Policy-Proximate Cause

Indiana Law Journal

No abstract provided.

Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz

Touro Law Review

No abstract provided.

Balancing Hearsay And Criminal Discovery, John G. Douglass

Law Faculty Publications

and prosecutors. Part I of this Article argues that the conventional theory of hearsaydiscovery balance does not reflect the reality of modem federal practice. An imbalance has arisen because, in the last quarter century, developments in the law of evidence and confrontation are at odds with developments-or one might say nondevelopments-in the law of criminal discovery. Since enactment of the Federal Rules of Evidence in 1975, both the law of evidence and modem Confrontation Clause doctrine have evolved toward broader admission of hearsay in criminal cases. Contrary to conventional theory, that evolution has at least matched-and probably has outpaced-the trend …

Modifying The Kentucky Rules Of Evidence—A Separation Of Powers Issue, Robert G. Lawson

Law Faculty Scholarly Articles

How do you modify laws that simultaneously exist as statutes and rules of court? For reasons that are described elsewhere and need not be repeated here, the Kentucky Rules of Evidence (K.R.E.) came into existence through concurrent enactment by the General Assembly and Kentucky Supreme Court and thus are endowed with all the attributes of both statutes and rules of court. So, how do you change them when the inevitable need to do so arises, a question made both interesting and difficult by the fact that there is no institutional mechanism for concurrent lawmaking by the General Assembly and supreme …

Expert Qualifications: Traps For The Unwary, Paul C. Giannelli

Faculty Publications

No abstract provided.

Fishing For The Smoking Gun, Y. Daphne Coelho-Adam

Vanderbilt Journal of Transnational Law

Industry-wide tort litigation, such as tobacco and gun litigation, poses a new problem for extraterritorial discovery. These suits allege conspiracies on the part of the tobacco and gun industries to conceal the dangers of their products from the public. Much of the evidence needed to prove the industries' knowledge is in their possession. These industries are international with companies located in the United Kingdom. Under U.S. discovery law the evidence is discoverable, but such is not the case under British discovery law. Therefore, the evidence and witnesses located in the United Kingdom are outside the grasp of U.S. plaintiffs. The …

Keeping The Reformist Spirit Alive In Evidence Law Tribute, Stephen A. Saltzburg, Edward J. Imwinkelried

Faculty Scholarship

No abstract provided.

Evidence Issues In Domestic Violence Civil Cases, Jane C. Murphy, Jane H. Aiken

All Faculty Scholarship

New laws and policies aimed at protecting victims of domestic violence have been adopted across the country over the last twenty years.The legal approaches taken to protect battered women and control family violence have resulted in significant changes in family law. New laws include statutes permitting civil protection or restraining orders, and laws requiring that domestic violence be considered in custody and/or visitation decisions. Both of these types of statutory reforms can provide protection to adult victims of domestic violence and their children. Evaluating a parent's fitness by considering past acts of violence to other family members results in decisions …

Whether The Federal Rules Of Evidence Should Be Conceived As A Perpetual Index Code: Blindness Is Worse Than Myopia, Edward J. Imwinkelried

William & Mary Law Review

No abstract provided.

The Elusive Identity Of The Federal Rules Of Evidence, Glen Weissenberger

William & Mary Law Review

No abstract provided.

Evidence Myopia: The Failure To See The Federal Rules Of Evidence As A Codification Of The Common Law, Glen Weissenberger

William & Mary Law Review

No abstract provided.

Conflicts Of Interest In Scientific Expert Testimony, Mark R. Patterson

William & Mary Law Review

No abstract provided.

Impeachment: Evidence Amendments, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Business Records Exception To The Hearsay Rule - New Is Not Necessarily Better, Sidney Kwestel

Scholarly Works

No abstract provided.

Interpretation Of The Kentucky Rules Of Evidence—What Happened To The Common Law?, Robert G. Lawson

Law Faculty Scholarly Articles

The Kentucky Rules of Evidence, which became effective on July 1, 1992, dramatically transformed the method by which lawyers and judges address evidence issues. Before the adoption of the Rules, the law of evidence consisted mostly of a vast collection of common law rulings, accumulated over two centuries and inaccessible to lawyers and judges for all practical purposes. In addressing an evidence issue, participants had to first deal with the problem of "finding" the law-distilling from a morass of conflicting common law precedents the ones applicable to the issue at hand, a task regularly producing contention rather than agreement and, …

Narrative Relevance, Imagined Juries, And A Supreme Court Inspired Agenda For Jury Research, Richard O. Lempert

Articles

This paper has its roots in Old Chief v. United States, a case the Supreme Court of the United States decided in 1997. I will begin by describing this case; then comment on its implications for the Supreme Court's conception of the jury, and conclude by examining the agenda one may draw from it for empirical jury research. Old Chief arose when Johnny Lynn Old Chief was charged not only with assault with a dangerous weapon and using a firearm in the commission of a crime of violence, but also with violating a law that precludes convicted felons from possessing …

When Justice Fails: Indemnification For Unjust Conviction, Adele Bernhard

Articles & Chapters

The first section of this article reviews the evidence, both historical and contemporary, documenting the existence and frequency of wrongful convictions. The next dissects an actual case to illustrate how an innocent person can be convicted and why, once the error has been corrected and the conviction is vacated, that person generally has no legal action for damages in the absence of indemnification legislation. The third section argues that society has a moral obligation to assist the wrongfully convicted; that indemnification legislation is a better approach than reliance on ''moral obligation" bills; and that enacting legislation is possible - just …

Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer

Faculty Publications

No abstract provided.

Agostini V. Felton: Shifting The Evidentiary Burden In Establishment Clause Challenges Back To The Plaintiff, Brian Saccenti

Maryland Law Review

No abstract provided.

Etchings On Glass: Reflections On The Science Of Proof, Louise Harmon

Scholarly Works

No abstract provided.

Evidence, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

Old Chief, Crowder, And Trials By Stipulation, David Robinson Jr.

William & Mary Bill of Rights Journal

In this Article, Professor Robinson argues that the meaning of "unfair prejudice" and the scope of trial judges' discretion in employing Rule 403 of the Federal Rules of Evidence is still uncertain following the Supreme Court's recent decision in United States v. Old Chief and its vacation and remand of United States v. Crowder and United States v. Davis. Robinson evaluates the evidentiary implications of the Supreme Court's recent decisions by discussing each case and analyzing the implications of the three cases read together.

Professor Robinson examines the possible effects of stipulations and admissions on the Rule 403 balancing test …

Diagnostic Evidence Admissibility And The Multiple Personality Disorder Defense, Sabra Mcdonald Owens

Journal of Health Care Law and Policy

No abstract provided.