Evidence Commons^™

Impeachment By Conviction Evidence: Judicial Discretion And The Politics Of Rule 609, Victor Gold

Cardozo Law Review

No provision of the Federal Rules of Evidence has sparked more controversy than Rule 609, which deals with the admissibility of convictions to impeach a witness. When first proposed, the provision was the subject of fierce debate, sparking repeated revision during its drafting and while it was under consideration by Congress. Ultimately, no one side in this legislative battle prevailed entirely; the Rule strikes a compromise between sharply conflicting policies. The text of Rule 609, incorporating no less than three balancing tests, two references to fairness, one to justice, and several other undefined terms, leaves the task of resolving the …

After Daubert: Going Forward With Lessons From The Past, Marc S. Klein

Cardozo Law Review

Ground zero in the ongoing battle over scientific evidence in toxic tort cases has clearly shifted in light of Daubert v. Merrell Dow Pharmaceuticals, Inc. In that case, the Supreme Court settled at least two profound issues. One has immediate practical consequences, the other has important philosophical implications.

Junk Science, Daubert, And Ohio Rule 702, Paul C. Giannelli

Faculty Publications

No abstract provided.

Employees' Admissions In New York: Time For A Change, David J. Wallman

Touro Law Review

No abstract provided.

Balancing The Scales: Limiting The Prejudicial Effect Of Evidence Rule 404(B) Through Stipulation, Daniel J. Buzzetta

Fordham Urban Law Journal

This Note argues that, in a prosecution for a violation of a specific intent criminal statute, the government must accept a defendant’s clear and unambiguous stipulation to possessing the requisite intent for the crime charged. The trial court must ensure that the proffered stipulation is voluntarily given, unambiguous, and comprehensive, so as not to deprive the prosecution from presenting forceful, significant, and probative evidence. Once a defendant offers such an acceptable stipulation, however, the government’s introduction of prior bad acts to prove intent becomes extremely prejudicial, while any probative value the evidence may have is dissipated entirely. Part II of …

Confrontation Issues In Child Abuse Cases, Paul C. Giannelli

Faculty Publications

No abstract provided.

Polygraph Evidence: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.

Employee Dishonesty And The After-Acquired Evidence Doctrine: Why Honesty Is The Best Policy, Georgia Stanaitis

Cleveland State Law Review

The Eleventh Circuit has stated that application of the after-acquired evidence doctrine as a complete defense is too rigid and that it produces harsh, inequitable results. At the same time, the Eleventh Circuit has voted to rehear the case setting forth this view. Until the rehearing, the Eleventh Circuit's principles are sound.13 Specifically, the Eleventh Circuit has criticized Summers as being antithetical to the principal purposes of Title VII which are to achieve equality of employment opportunity and make whole, so far as is possible, the individual or class affected by the discrimination. The Eleventh Circuit and arbitral forums, such …

Foreword Evidence Symposium: A Comparative Study Of Federal And New York Evidence Practice, Honorable Frank X. Altimari

Touro Law Review

No abstract provided.

Polygraph Evidence: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.

Character Evidence, James L. Kainen

Touro Law Review

No abstract provided.

Expert Testimony, Barry C. Scheck

Touro Law Review

No abstract provided.

The Supreme Court Rules On Statements Against Interest, Michael M. Martin

Touro Law Review

No abstract provided.

The Hague Evidence Convention: The Need For Guidance On Procedures And Resolution Of Conflicts In Transnational Discovery, John C. Plaster

Vanderbilt Journal of Transnational Law

As international commercial disputes become more common, United States courts increasingly face difficult issues involved in transnational discovery. Two frequently encountered issues are choosing whether to use the discovery procedures of the Federal Rules of Civil Procedure or the Hague Evidence Convention and whether to enforce a discovery order when the order conflicts with a law of the state in which discovery is to occur. Although the Supreme Court has addressed both of these issues, it has left lower courts considerable discretion to deal with these issues case by case. Lower courts, therefore, have not been uniform in their approaches …

The Proper Role Of After-Acquired Evidence In Employment Discrimination Litigation, Rebecca White, Robert D. Brussack

Scholarly Works

A new defense to employment discrimination claims has gained acceptance in the lower courts. Employers who allegedly have discriminated against their employees because of race, sex or age are winning judgments on the basis of after-acquired evidence of employee misconduct. The evidence is “after-acquired” in the sense that the misconduct was unknown to the employer at the time the alleged discrimination occurred but was acquired later, often through the use of discovery devices in the employee's discrimination action. Lower courts have accepted the proposition that if the employer would have discharged the plaintiff on the basis of the after-acquired evidence, …

Admitting Confessions Of Codefendants: Has Lee V. Illinois Created An Additional Hearsay Exception?, Christine Noworyta

University of Miami Law Review

No abstract provided.

The Meaning Of "Bad Faith" Under The Exceptions To The Hearsay Rule, Peter F. Valori

University of Miami Law Review

No abstract provided.

Inadequate Interpreting Services In Courts And The Rules Of Admissibility Of Testimony On Extrajudicial Interpretations, Beth G. Lindie

University of Miami Law Review

No abstract provided.

United States V. Salerno: An Examination Of Rule 804(B)(1), Judith M. Mercier

University of Miami Law Review

No abstract provided.

Just The Facts, Ma'am: Lying And The Omission Of Exculpatory Evidence In Police Reports,, Stanley Z. Fisher

Faculty Scholarship

George Jones's ordeal was the product of, and in turn sheds light upon, police practices of investigating crimes and writing reports. Written police reports of criminal incidents and arrests give details such as the time, place, and nature of criminal conduct; the names and addresses of victims and witnesses; physical characteristics of the perpetrator(s) or arrestee(s); weapons used; property taken, recovered, or seized from the arrestee; and injuries to persons and property. Through their reports, the police "have fundamental control over the construction of [the] 'facts' for a case, and all other actors (the prosecutor, the judge, the defense lawyer) …

In Appreciation Of Jack Burns, Frank J. Macchiarola

Cardozo Law Review

Jacob Burns was a good and gentle man. He did many fine and generous things in his lifetime, but the qualities that best describe him are the personal ones-good and gentle. The gentleness did not mean that he was unable to handle difficult matters or to exert the kind of strength that gave others solace. It meant that through these situations there was a contentment that always reassured the rest of us. The gentleness came from his concern for others and in the way he approached people. It was always thrilling for me to see Jack Burns in the company …

The Unanswered Questions Of Christophersen V. Allied-Signal Corp., Richard O. Faulk

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Deposing Expert Witnesses In Environmental Litigation, James B. Burns

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Two Sherman Act Section 1 Dilemmas: Parallel Pricing, The Oligopoly Problem, And Contemporary Economic Theory, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

“Junk Science”: The Criminal Cases, Paul C. Giannelli

Faculty Publications

No abstract provided.

Admissibility Of Expert Testimony On Child Sexual Abuse Accommodation Syndrome In Kentucky, Michele Meyer Mccarthy

Kentucky Law Journal

No abstract provided.

Rape Trauma Syndrome & Child Sexual Abuse Syndrome, Paul C. Giannelli

Faculty Publications

No abstract provided.

New York Evidentiary Foundations, Randolph N. Jonakait, H. Baer, E. S. Jones, E. Imwinkelried

Books

This textbook illustrates how to apply New York Evidence law teaching the reader how to lay out the foundations for the introduction of items of evidence. This book adds to the abstract evidentiary doctrines that many law students study. It is designed to teach the reader both the doctrines of evidence as well as how to present the evidentiary foundations necessary for trying a case.

This edition is the first edition where Professor Randolph N. Jonakait was asked to revise the text to make it more useful to New Yorkers. New York attorneys especially need tailored evidence materials because New …

Much Ado About Nothing - The Supreme Court Still Fails To Solve The General Acceptance Problem Regarding Expert Testimony And Scientific Evidence , Joseph B. Spero

Journal of Law and Health

This paper will discuss and analyze the problem of scientific evidence and expert testimony from Frye v. United States to the new grounds for admissibility established by the Supreme Court of the United States in Daubert v. Merrell Dow Pharmaceuticals, Inc. This note will specifically focus on some of the changes made by the courts to the common law rule and follow its transformation to a more liberal standard within the federal court system. The paper will conclude that the courts have not really changed their position on the admissibility of scientific evidence and that their current criteria still are …

In Re Paoli Railroad Yard Pcb Litigation: The Jury's Role In Resolving The Battle Of The Experts, Joseph C. Kohn

Villanova Environmental Law Journal (1991 - )

No abstract provided.