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Articles 901 - 930 of 1365
Full-Text Articles in Evidence
Best Evidence Rule, Paul C. Giannelli
United States Punitive Damage Awards In German Courts: The Evolving German Position On Service And Enforcement, Klaus J. Beucher, John B. Sandage
United States Punitive Damage Awards In German Courts: The Evolving German Position On Service And Enforcement, Klaus J. Beucher, John B. Sandage
Vanderbilt Journal of Transnational Law
This Article addresses the problems United States plaintiffs may face when seeking enforcement of United States court awards of punitive damages in German courts. The authors show the close relationship between service of process and subsequent enforcement procedures in Germany. The analysis focuses on two recent German court decisions that provide indications of how German courts might respond to requests to serve process and to enforce judgments in actions seeking punitive or multiple damages. The fundamentally different approaches to punitive damages taken by the German and the United States legal systems create the difficulties encountered when these two systems intersect. …
Expert Testimony On The Batered Woman Syndrome In Maryland, Jeanne-Marie Bates
Expert Testimony On The Batered Woman Syndrome In Maryland, Jeanne-Marie Bates
Maryland Law Review
No abstract provided.
Novel Scientific Evidence Of Intoxication: Acoustic Analysis Of Voice Recordings From The Exxon Valdez, J. Alexander Tanford, David B. Pisoni, Keith Johnson
Novel Scientific Evidence Of Intoxication: Acoustic Analysis Of Voice Recordings From The Exxon Valdez, J. Alexander Tanford, David B. Pisoni, Keith Johnson
Articles by Maurer Faculty
Part of this article reports original research conducted under the direction of the second and third authors. The initial re search was supported by a contract to Indiana University from General Motors Research Laboratories. The specific analyses of voice recordings of Captain Joseph Hazelwood were conducted by them at the re quest of the National Transportation Safety Board, and are based on tapes and data supplied by the NTSB. The second author may be called as a witness in some of the lawsuits pending against the Exxon Corporation. The opinions expressed in this article concerning whether this evidence meets the …
The Military Rules Of Evidence: Origins And Judicial Implementation, Fredric I. Lederer
The Military Rules Of Evidence: Origins And Judicial Implementation, Fredric I. Lederer
Faculty Publications
No abstract provided.
Laying Down The Law In Literature: The Example Of Kleist, J. Hillis Miller
Laying Down The Law In Literature: The Example Of Kleist, J. Hillis Miller
Cardozo Law Review
No abstract provided.
In Re Schildt, 90-Ca-119, 90-Ap-06 (Blkft. Tr. Ct. App., Apr. 3, 1990), Blackfeet Appellate Court
In Re Schildt, 90-Ca-119, 90-Ap-06 (Blkft. Tr. Ct. App., Apr. 3, 1990), Blackfeet Appellate Court
Court Decisions
The Blackfeet Tribal Court of Appeals remanded the case to the trial court for a full hearing because the appellant was not allowed to enter evidence or present witnesses substantiating his claims, in violation of his right to due process.
The Conflict Concerning Expert Witness And Legal Conclusions, Charles W. Ehrhardt
The Conflict Concerning Expert Witness And Legal Conclusions, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Professor Weinrib's Coherence, Alan Brudner
What Was Discovered In The Quest For Truth?, Steven H. Goldberg
What Was Discovered In The Quest For Truth?, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications
Criminal discovery has outstripped Justice Brennan's claim of "mixed" results. His description of the twenty-five year transformation as merely "rapid" is too modest. From the picture in 1963, which he accurately describes as "quite a bleak one," discovery is, today, de rigueur in criminal cases. There is little to suggest a general reduction of criminal case discovery in the future.
Should A Motion In Limine Or Similar Preliminary Motion Made In The Federal Court System Preserve Error On Appeal Without A Contemporaneous Objection?, Catherine Murr Young
Should A Motion In Limine Or Similar Preliminary Motion Made In The Federal Court System Preserve Error On Appeal Without A Contemporaneous Objection?, Catherine Murr Young
Kentucky Law Journal
No abstract provided.
Tape Recording Conversations - Is It Ethical For Attorneys?, Charles W. Adams
Tape Recording Conversations - Is It Ethical For Attorneys?, Charles W. Adams
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Hearsay: Part Ii, Paul C. Giannelli
Hearsay: Part Iv, Paul C. Giannelli
Hearsay: Part I, Paul C. Giannelli
Hearsay: Part Iii, Paul C. Giannelli
Evidence, Fifth Circuit Symposium, David A. Schlueter
Evidence, Fifth Circuit Symposium, David A. Schlueter
Faculty Articles
This article reviews decisions by the United States Court of Appeals for the Fifth Circuit on evidence issues and concludes that if an attorney has any hopes of obtaining appellate relief on an evidentiary issue, it is essential that the issues be presented concisely and completely to the trial court. The appellate courts will not reverse an evidentiary ruling of a trial court, even if the trial court has erred. This deference to the trial court is in recognition of the hundreds of rulings on evidence that the trial court must conduct within the course of a trial. In order …
The Existing Confidentiality Privileges As Applied To Rape Victims, Bridget M. Mccafferty
The Existing Confidentiality Privileges As Applied To Rape Victims, Bridget M. Mccafferty
Journal of Law and Health
It is evident that when this type of questioning occurs, the victim must overcome the presumption that she is at fault. As it exists, the prosecution of the rapist also results in the prosecution of the victim. However, it is undeniable that the defendant in a rape case is presumed innocent until a judicial determination states otherwise. A dilemma arises when the court attempts to balance the victim's right to bring the accused to trial and the defendant's right to prove his innocence. Currently, the judicial system favors the presumption of the defendant's innocence, presupposing that the victim has falsely …
Challenging Witness Competency , Michael M. Martin
Challenging Witness Competency , Michael M. Martin
Faculty Scholarship
Despite the modern trend to hear all the evidence, a surprising number of witnesses can still be challenged on competency grounds.
The Exclusion Of Evidence In The United States, Paul Marcus
The Exclusion Of Evidence In The United States, Paul Marcus
Faculty Publications
No abstract provided.
The Right To Evidence, Bennett L. Gershman
The Right To Evidence, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Although its theoretical basis may be disputed, nobody questions the proposition that a person charged with a crime has a constitutional right to present a defense. Presenting a defense naturally requires access to proof. Access includes not only the availability of evidence, but also its permissible use. Consider some examples: A defendant wants to testify, but his lawyer's threats drive him off the stand. A witness who might be expected to give favorable testimony for the defense appears at trial but refuses to testify. A defense witness wants to testify, but because the defendant failed to notify the prosecutor about …
Impeachment Of Witnesses: Part Ii, Paul C. Giannelli
Impeachment Of Witnesses: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
Fit To Be Fryed: Frye V. United States And The Admissibility Of Novel Scientific Evidence, John D. Borders Jr.
Fit To Be Fryed: Frye V. United States And The Admissibility Of Novel Scientific Evidence, John D. Borders Jr.
Kentucky Law Journal
No abstract provided.
Expert Witnesses, Paul C. Giannelli
State V. Jones: Maryland's Flexible Present Sense Impression Exception, Judith Lynn Schlossberg
State V. Jones: Maryland's Flexible Present Sense Impression Exception, Judith Lynn Schlossberg
Maryland Law Review
No abstract provided.
Impeachment Of Witnesses: Part I, Paul C. Giannelli
Impeachment Of Witnesses: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore
Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore
Touro Law Review
No abstract provided.
Theories Of Truth Finding In Criminal Procedure: An Evolutionary Approach, John D. Jackson
Theories Of Truth Finding In Criminal Procedure: An Evolutionary Approach, John D. Jackson
Cardozo Law Review
No abstract provided.
Twist And Shout And Truth Will Out: An Argument For The Adoption Of A "Safety-Valve" Exception To The Washington Hearsay Rule, George R. Nock
Twist And Shout And Truth Will Out: An Argument For The Adoption Of A "Safety-Valve" Exception To The Washington Hearsay Rule, George R. Nock
Seattle University Law Review
This Article will focus on two decisions of the Washington Supreme Court illustrating the unfortunate expansion of certain hearsay exceptions in order to accommodate truth, show that the expansion could have been avoided had Washington adopted a "general" exception comparable to that found in the Federal Rules of Evidence, and propose the adoption of an exception shorn of the defects of the rejected federal version.