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Articles 871 - 900 of 1365
Full-Text Articles in Evidence
The Nature Of Juridicial Proof, Ronald J. Allen
The Nature Of Juridicial Proof, Ronald J. Allen
Cardozo Law Review
No abstract provided.
A Reply To Allen, L. Jonathan Cohen
Expert-Novice Differences And Implications For Choice Of Bench Versus Jury Trial, Anne W. Martin
Expert-Novice Differences And Implications For Choice Of Bench Versus Jury Trial, Anne W. Martin
Cardozo Law Review
No abstract provided.
Marshalling Evidence For Adversary Litigation, David Schum, Peter Tillers
Marshalling Evidence For Adversary Litigation, David Schum, Peter Tillers
Cardozo Law Review
No abstract provided.
Telling Tales In Court: Trial Procedure And The Story Model, Richard Lempert
Telling Tales In Court: Trial Procedure And The Story Model, Richard Lempert
Cardozo Law Review
No abstract provided.
Credal Probablity, D. H. Kaye
Mistrial By Likelihood Ratio: Bayesian Analysis Meets The F-Word, Paul Bergman, Al Moore
Mistrial By Likelihood Ratio: Bayesian Analysis Meets The F-Word, Paul Bergman, Al Moore
Cardozo Law Review
No abstract provided.
Marshalling Information Prior To Litigation, Bernard Robertson
Marshalling Information Prior To Litigation, Bernard Robertson
Cardozo Law Review
No abstract provided.
Hear No Evil, See No Evil: A Comment On Professor Nesson’S Claims About Evidence Suppression, Dale A. Nance
Hear No Evil, See No Evil: A Comment On Professor Nesson’S Claims About Evidence Suppression, Dale A. Nance
Cardozo Law Review
No abstract provided.
The Morality Of Statistical Proof And The Risk Of Mistaken Liability, David T. Wasserman
The Morality Of Statistical Proof And The Risk Of Mistaken Liability, David T. Wasserman
Cardozo Law Review
No abstract provided.
Decision, Disciplined Inferences And The Adversary Process, Robert S. Thompson
Decision, Disciplined Inferences And The Adversary Process, Robert S. Thompson
Cardozo Law Review
No abstract provided.
Improving The Procedure For Resolving Hearsay Issues, Richard D. Friedman
Improving The Procedure For Resolving Hearsay Issues, Richard D. Friedman
Cardozo Law Review
No abstract provided.
Reply To Cohen: Common Sense About Naked Statistics, David T. Wasserman
Reply To Cohen: Common Sense About Naked Statistics, David T. Wasserman
Cardozo Law Review
No abstract provided.
Refocusing The New Evidence Scholarship, Terence J. Anderson
Refocusing The New Evidence Scholarship, Terence J. Anderson
Cardozo Law Review
No abstract provided.
Incentives To Spoliate Evidence In Civil Litigation: The Need For Vigorous Judicial Action, Charles R. Nesson
Incentives To Spoliate Evidence In Civil Litigation: The Need For Vigorous Judicial Action, Charles R. Nesson
Cardozo Law Review
No abstract provided.
Kicking Rocks With Dr. Johnson: A Comment On Professor Allen’S Theory, Craig R. Callen
Kicking Rocks With Dr. Johnson: A Comment On Professor Allen’S Theory, Craig R. Callen
Cardozo Law Review
No abstract provided.
What Dna “Fingerprinting” Can Teach The Law About The Rest Of Forensic Science, Michael J. Saks, Jonathan J. Koehler
What Dna “Fingerprinting” Can Teach The Law About The Rest Of Forensic Science, Michael J. Saks, Jonathan J. Koehler
Cardozo Law Review
No abstract provided.
The New Criminal Discovery Code In Oklahoma: A Two Way Street In The Wrong Direction, Rodney J. Uphoff
The New Criminal Discovery Code In Oklahoma: A Two Way Street In The Wrong Direction, Rodney J. Uphoff
Faculty Publications
This article first examines criminal discovery in Oklahoma prior to the Allen decision. Next, section II of the article explores Allen and the court’s justifications for creating a reciprocal discovery system. The article reviews the Allen procedures and similar pre-trial discovery provisions contained in the American Bar Association’s Standards for Criminal Justice and questions whether Allen’s new discovery system will achieve the desired results. Section II also focuses on the constitutionality of the defendant’s disclosure obligations and the adverse effects of mandating such disclosures on the adversary system. Finally, section III of the article proposes an alternative discovery code based …
The Admissibility Of Hypnotically Enhanced Testimony In Criminal Trials, Gary Shaw
The Admissibility Of Hypnotically Enhanced Testimony In Criminal Trials, Gary Shaw
Scholarly Works
No abstract provided.
Idaho V. Wright: The Defenestration Of Corroborating Evidence, John Clairborne Koski
Idaho V. Wright: The Defenestration Of Corroborating Evidence, John Clairborne Koski
University of Miami Law Review
No abstract provided.
Evidence Pedagogy In The Age Of Statutes, Edward J. Imwinkelried
Evidence Pedagogy In The Age Of Statutes, Edward J. Imwinkelried
Journal of Legal Education
No abstract provided.
Should Michigan Rule Of Evidence 703 Be Revised?, Brian Benner, Ronald L. Carlson
Should Michigan Rule Of Evidence 703 Be Revised?, Brian Benner, Ronald L. Carlson
Popular Media
Technical witnesses regularly assist the fact-finding process in Michigan trials. Jury or bench trials in federal and state courts routinely feature the appearance of experts. Properly policed by our courts, few forms of testimony hold more promise for advancing the truth-seeking function of American litigation. The expanding presence of experts raises hard questions. Are the Michigan rules in turn with modern needs? Should the state rule controlling the basis for expert opinion be aligned with the federal pattern? If Michigan Rule of Evidence 703 could stand revision, does proper alteration require significant additions not presently contained in either state or …
Challenging Public Investigative Reports: How To Fight The Hearsay Exception, Steven P. Grossman, Stephen J. Shapiro
Challenging Public Investigative Reports: How To Fight The Hearsay Exception, Steven P. Grossman, Stephen J. Shapiro
All Faculty Scholarship
This paper discusses how attorneys can argue against having government and public reports admitted into evidence at trial that would be damaging to their client. When this paper was done, such reports were admitted via Federal Rule of Evidence 803(8)(C). The authors argue that it is possible to challenge admission of factual findings in public reports despite various court decisions which make this difficult.
Refocusing The New Evidence Scholarship : A Comment On Robert S. Thompson's "Decision, Disciplined Inferences And The Adversary Process", Terence J. Anderson
Refocusing The New Evidence Scholarship : A Comment On Robert S. Thompson's "Decision, Disciplined Inferences And The Adversary Process", Terence J. Anderson
Articles
No abstract provided.
Authentication, Paul C. Giannelli
Public Opinion Polls And Surveys As Evidence: Suggestions For Resolving Confusing And Conflicting Standards Governing Weight And Admissibility , Susan J. Becker
Public Opinion Polls And Surveys As Evidence: Suggestions For Resolving Confusing And Conflicting Standards Governing Weight And Admissibility , Susan J. Becker
Law Faculty Articles and Essays
Section I provides a basic overview of public opinion polls, beginning with a brief explanation of the current popularity of this type of data, followed by a discussion of the courts' historic treatment of survey evidence and a review of modern standards which courts use in evaluating the weight and admissibility of polling data. The exact "rules" governing the conduct of litigants and their respective counsel in commissioning and executing a survey and those governing the courts' refereeing of evidentiary disputes over polling data remain unclear. These unresolved issues are discussed in Section II. Suggestions for moving toward a more …
Evidence, David A. Schlueter
Evidence, David A. Schlueter
Faculty Articles
This article addresses some of the more significant evidence cases decided by the Fifth Circuit during the survey period.' Before turning to the cases themselves, it is important to note at the outset that like other federal courts, the Fifth Circuit is generally not inclined to reverse a case on an evidentiary error. It should not be surprising then that in most of the cases which follow, the court implicitly deferred to the decision of the trial judge in deciding whether a certain piece of evidence was admissible.
Evidence Engendered, Kit Kinports
Evidence Engendered, Kit Kinports
Faculty Scholarship
Part I of this article briefly describes feminist legal theory and its evolution. Part II then discusses the extent to which evidence as a whole is a gendered topic that reflects predominantly male traits and ideals, and Part III analyzes various specific evidentiary doctrines from a feminist perspective. Finally, Part IV examines way of incorporating feminist theories in teaching an evidence course.
Rules Of Evidence Amendments, Paul C. Giannelli
Rules Of Evidence Amendments, Paul C. Giannelli
Faculty Publications
No abstract provided.
Dna Evidence, Paul C. Giannelli