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Evidence Commons™

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Evidence

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Articles 841 - 870 of 1365

Full-Text Articles in Evidence

Comment Of An Expert: Biomarker Evidence Following Exposure To Pollutants, A. C. Zahalski, P.R. Mcconnachie Jan 1993

Comment Of An Expert: Biomarker Evidence Following Exposure To Pollutants, A. C. Zahalski, P.R. Mcconnachie

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross Jan 1993

Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.


In Defense Of A Constitutional Theory Of Experts, Ronald L. Carlson Jan 1993

In Defense Of A Constitutional Theory Of Experts, Ronald L. Carlson

Scholarly Works

Professor Ronald Allen honors the memory of John Henry Wigmore on virtually every occasion in which he targets an aspect of evidence law for scholarly study. As Wigmore Professor of Law, Allen has consistently afforded modern evidence specialists some of the best in provocative theory as grist for review and discussion. He now places experts in his sights, and the results are no less stimulating.


The Common Law Theory Of Experts: Deference Or Education?, Joseph S. Miller, Ronald J. Allen Jan 1993

The Common Law Theory Of Experts: Deference Or Education?, Joseph S. Miller, Ronald J. Allen

Scholarly Works

What if witness testimony emerges from, or can only be understood by reference to, an experience that the fact finder lacks? Or what if the connection between what a witness says and the full import of what the witness means is so arcane that the chances are virtually zero that the jury will understand what the spoken words are intended to convey? Both cases arise surprisingly frequently in the trial of disputes. For example, the problem arises whenever a witness is not fluent in English, as it often does when the common practice of a business or trade plays a …


Myself Alone: Individualizing Justice Through Psychological Character Evidence, Andrew E. Taslitz Jan 1993

Myself Alone: Individualizing Justice Through Psychological Character Evidence, Andrew E. Taslitz

Maryland Law Review

No abstract provided.


A Response To The “Probative Value” Theory Of Hearsay Suggested By Hearsay From A Layperson, Eleanor Swift Aug 1992

A Response To The “Probative Value” Theory Of Hearsay Suggested By Hearsay From A Layperson, Eleanor Swift

Cardozo Law Review

No abstract provided.


Stories Versus Theories At The Cardozo Evidence Conference: It’S Just Another Metaphor To Me, L. H. Larue Aug 1992

Stories Versus Theories At The Cardozo Evidence Conference: It’S Just Another Metaphor To Me, L. H. Larue

Cardozo Law Review

Cardozo Law School was host to an evidence conference on March 24-26, 1991. The papers have been published, so the conference has been duly memorialized. However, the conference had a "subtext" that differed from the "text," that is, the theme of the conference, judging from the hallway gossip, differed from the officially proclaimed theme; if one reads the published text carefully, one can see the subtext within the text, the unofficial theme alongside the official theme. I asked the editors of this Review to let me record my evaluation of the unofficial theme, so that it may have equal status …


Hearsay From A Layperson, David A. Schum Aug 1992

Hearsay From A Layperson, David A. Schum

Cardozo Law Review

No abstract provided.


Infinite Strands, Infinitesimally Thin: Storytelling, Bayesianism, Hearsay And Other Evidence, Richard D. Friedman Aug 1992

Infinite Strands, Infinitesimally Thin: Storytelling, Bayesianism, Hearsay And Other Evidence, Richard D. Friedman

Cardozo Law Review

No abstract provided.


The Worst Evidence Principle: The Best Hypothesis As To The Logical Structure Of Evidence Law, Edward J. Imwinkelried May 1992

The Worst Evidence Principle: The Best Hypothesis As To The Logical Structure Of Evidence Law, Edward J. Imwinkelried

University of Miami Law Review

No abstract provided.


Experts As Hearsay Conduits: Confrontation Abuses In Opinion Testimony, Ronald L. Carlson Feb 1992

Experts As Hearsay Conduits: Confrontation Abuses In Opinion Testimony, Ronald L. Carlson

Scholarly Works

The dispute over whether litigants may use experts to run unexamined hearsay into the trial record is a microcosm of a larger debate. The larger question is whether judicial review of expert testimony should be passive, or whether the expert witness process should be marked by active judicial policing. Does the plethora of expert opinions presently being offered in modern trials merit special scrutiny by the courts?

Some scholars urge that courts must accommodate experts. Proponents of this view favor few challenges to the unrestricted rendition of opinions by an expert, whether the expert is real or self-proclaimed. Under this …


"Other Acts” & Character Evidence: Part I, Paul C. Giannelli Jan 1992

"Other Acts” & Character Evidence: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.


"Other Acts” & Character Evidence: Part Ii, Paul C. Giannelli Jan 1992

"Other Acts” & Character Evidence: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.


Book Review Of Litigation Services Directory, James S. Heller Jan 1992

Book Review Of Litigation Services Directory, James S. Heller

Library Staff Publications

No abstract provided.


Scientific Evidence In Criminal Prosecutions, Paul C. Giannelli Jan 1992

Scientific Evidence In Criminal Prosecutions, Paul C. Giannelli

Faculty Publications

No abstract provided.


Biased Evidence Rules: A Framework For Judicial Analysis And Reform, Randolph N. Jonakait Jan 1992

Biased Evidence Rules: A Framework For Judicial Analysis And Reform, Randolph N. Jonakait

Articles & Chapters

No abstract provided.


Making The Law Of Factual Determinations Matter More, Randolph N. Jonakait Jan 1992

Making The Law Of Factual Determinations Matter More, Randolph N. Jonakait

Articles & Chapters

No abstract provided.


Testing Right - Lying In View Of Justice, Peter Fenves Dec 1991

Testing Right - Lying In View Of Justice, Peter Fenves

Cardozo Law Review

Walter Benjamin: Justice, Right and the Critique of Violence


Proving Your Case - Evidence And Procedure In Action, Christopher Finlayson Nov 1991

Proving Your Case - Evidence And Procedure In Action, Christopher Finlayson

Cardozo Law Review

No abstract provided.


The New Evidence Scholarship, William Twining Nov 1991

The New Evidence Scholarship, William Twining

Cardozo Law Review

No abstract provided.


Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard Lempert Nov 1991

Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard Lempert

Cardozo Law Review

No abstract provided.


Stories, Forensic Science, And Improved Verdicts, Randolph N. Jonakait Nov 1991

Stories, Forensic Science, And Improved Verdicts, Randolph N. Jonakait

Cardozo Law Review

No abstract provided.


Five Cheers For Schum And Tillers, William Twining Nov 1991

Five Cheers For Schum And Tillers, William Twining

Cardozo Law Review

No abstract provided.


A Comment On Wasserman’S “The Morality Of Statistical Proof And The Risk Of Mistaken Liability”, L. Jonathan Cohen Nov 1991

A Comment On Wasserman’S “The Morality Of Statistical Proof And The Risk Of Mistaken Liability”, L. Jonathan Cohen

Cardozo Law Review

No abstract provided.


Comment On Edwards: Ward Edwards And The New Bayesian Software, David T. Wasserman Nov 1991

Comment On Edwards: Ward Edwards And The New Bayesian Software, David T. Wasserman

Cardozo Law Review

No abstract provided.


Procedural Options For Resolving Hearsay Issues, Roger C. Park Nov 1991

Procedural Options For Resolving Hearsay Issues, Roger C. Park

Cardozo Law Review

No abstract provided.


Missing Evidence, Dale A. Nance Nov 1991

Missing Evidence, Dale A. Nance

Cardozo Law Review

No abstract provided.


Comment On Nesson, Joseph Gastwirth Nov 1991

Comment On Nesson, Joseph Gastwirth

Cardozo Law Review

No abstract provided.


The Admissibility Of Dna Testing, D. H. Kaye Nov 1991

The Admissibility Of Dna Testing, D. H. Kaye

Cardozo Law Review

No abstract provided.


Decision And Inference, Peter Tillers Nov 1991

Decision And Inference, Peter Tillers

Cardozo Law Review

No abstract provided.