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Articles 991 - 1020 of 1365
Full-Text Articles in Evidence
Admission Of An Unavailable Witness’ Grand Jury Testimony: Can It Be Justified?, Judd Burstein
Admission Of An Unavailable Witness’ Grand Jury Testimony: Can It Be Justified?, Judd Burstein
Cardozo Law Review
No abstract provided.
The Confidential Communication Element Of The Attorney-Client Privilege, Gerald Sobel
The Confidential Communication Element Of The Attorney-Client Privilege, Gerald Sobel
Cardozo Law Review
No abstract provided.
Burdens Of Proof: Degrees Of Belief, Quanta Of Evidence, Or Constitutional Guarantees?, C.M.A. Mccauliff
Burdens Of Proof: Degrees Of Belief, Quanta Of Evidence, Or Constitutional Guarantees?, C.M.A. Mccauliff
Vanderbilt Law Review
This Article analyzes the whole range of burdens of proof as well as their constitutional implications. Part H of the Article discusses the traditional burdens of proof and the use of probability theory in legal fact finding. Part HI of the Article studies the decision making processes of law enforcement officers, the judges that review their decisions, and the decision making processes in appellate and administrative review. Part IV of the Article returns to the trial process and analyzes burdens of proof, not as degrees of belief, but as reflections of constitutional due process that mandate a required degree of …
The Acquisition Of Evidence For Criminal Prosecution: Some Constitutional Premises And Practices In Transition, H. Richard Uviller
The Acquisition Of Evidence For Criminal Prosecution: Some Constitutional Premises And Practices In Transition, H. Richard Uviller
Vanderbilt Law Review
This Article isolates only two of the many aspects of the Court's labors affecting the acquisition of evidence for criminal prosecution. The first concerns the allocation of primacy among the values that the exclusionary response to the illegal acquisition of evidence serves: a theoretical choice that may carry some notable practical consequences. The second requires are examination of the role of the trial court in supervising the preaccusatory search for evidence in a way that suggests the possible obsolescence of the Supreme Court's ruling credo in the Stewart era.
A Judicial Perspective On Opinion Evidence Under The Federal Rules, George C. Pratt
A Judicial Perspective On Opinion Evidence Under The Federal Rules, George C. Pratt
Washington and Lee Law Review
No abstract provided.
Forensic Hair Analysis: The Case Against The Underemployment Of Scientific Evidence, Edward J. Imwinkelried
Forensic Hair Analysis: The Case Against The Underemployment Of Scientific Evidence, Edward J. Imwinkelried
Washington and Lee Law Review
No abstract provided.
Statistical Implications Of Reasoning With Polygraph Evidence: Developing Instructions For The Trier Of Fact, James A. Finder
Statistical Implications Of Reasoning With Polygraph Evidence: Developing Instructions For The Trier Of Fact, James A. Finder
Cardozo Law Review
Report and Recommendation to the New York State Bar Association by the Committee on Federal Constitution
Burden Of Proof With Respect To The Defense Of Withdrawal From Conspiracy: United States V. Read, Alan S. Fox
Burden Of Proof With Respect To The Defense Of Withdrawal From Conspiracy: United States V. Read, Alan S. Fox
Cardozo Law Review
No abstract provided.
Manual Of The Law Of Evidence, Geoffrey Bennett
Manual Of The Law Of Evidence, Geoffrey Bennett
Journal Articles
Reviewing: Phipson & Elliott, Manual of the Law of Evidence. 11th ed. London: Sweet & Maxwell. 1980. 376 pp.
The Business Papers Rule: Personal Privacy And White Collar Crime, John S. Applegate
The Business Papers Rule: Personal Privacy And White Collar Crime, John S. Applegate
Articles by Maurer Faculty
No abstract provided.
Criminal Procedure—Scope Of The Exclusionary Rule—Inevitable Discovery Exception Adopted, Melanie J. Strigel
Criminal Procedure—Scope Of The Exclusionary Rule—Inevitable Discovery Exception Adopted, Melanie J. Strigel
University of Arkansas at Little Rock Law Review
No abstract provided.
Equal Access To Evidence: The Case For The Defense Use Of Immunity For Essential Witnesses, Andrea Lyon
Equal Access To Evidence: The Case For The Defense Use Of Immunity For Essential Witnesses, Andrea Lyon
Law Faculty Publications
No abstract provided.
The Admissibility Of Hypnotically Induced Recollection, R. Eberley Davis
The Admissibility Of Hypnotically Induced Recollection, R. Eberley Davis
Kentucky Law Journal
No abstract provided.
The Ohio Rules Of Evidence: Part Iii, Paul C. Giannelli
The Ohio Rules Of Evidence: Part Iii, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Ohio Rules Of Evidence: Part V, Paul C. Giannelli
The Ohio Rules Of Evidence: Part V, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Psychotherapist - Patient Privilege In Child Placement: A Relevancy Analysis, Thomas F. Guernsey
The Psychotherapist - Patient Privilege In Child Placement: A Relevancy Analysis, Thomas F. Guernsey
Villanova Law Review (1956 - )
No abstract provided.
Grand Jury: A Prosecutor Need Not Present Exculpatory Evidence
Grand Jury: A Prosecutor Need Not Present Exculpatory Evidence
Washington and Lee Law Review
No abstract provided.
The Ohio Rules Of Evidence: Part Iv, Paul C. Giannelli
The Ohio Rules Of Evidence: Part Iv, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Ohio Rules Of Evidence: Part Ii, Paul C. Giannelli
The Ohio Rules Of Evidence: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Abolition Of The Party-Witness Disqualification: An Historical Survey, Joel N. Bodansky
The Abolition Of The Party-Witness Disqualification: An Historical Survey, Joel N. Bodansky
Kentucky Law Journal
No abstract provided.
A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal
A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal
Law Faculty Publications
In a criminal case the option to return a general verdict of acquittal invests the jury with the raw power to nullify many legal determinations, including the trial judge's ruling that a search is constitutional. While courts grudingly acknowledge the existence of an extra-legal jury nullification power, courts do not recognize any jury prerogative to determine the lawfulness of a search. The United States Supreme Court's discussion of the jury's role in interpreting and applying the fourth amendment consists of one terse statement that the legality of a search "is a question of fact and law for the court and …
Capacity To Contest A Search And Seizure: The Passing Of Old Rules And Some Suggestions For New Ones, Christopher Slobogin
Capacity To Contest A Search And Seizure: The Passing Of Old Rules And Some Suggestions For New Ones, Christopher Slobogin
Vanderbilt Law School Faculty Publications
Professor Slobogin examines recent Supreme Court decisions involving standing to challenge search and seizure violations, and argues that the Court's commitment to a "totality of the circumstances" approach has permitted erosion of fourth amendment protections. After concluding that these decisions provide little guidance to lower courts, Professor Slobogin offers a set of principles which will aid in analyzing the Court's direction.
Constitutional Protection For Private Papers, Craig M. Bradley
Constitutional Protection For Private Papers, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Evidentiary Requirements To Prove A Claim For Black Lung Benefits: Impact Of The Black Lung Benefits Reform Act Of 1977, F. Thomas Rubenstein
Evidentiary Requirements To Prove A Claim For Black Lung Benefits: Impact Of The Black Lung Benefits Reform Act Of 1977, F. Thomas Rubenstein
West Virginia Law Review
No abstract provided.
State V. Frazier, Lucinda Masterton
The Privilege Against Self-Incrimination In Civil Commitment Proceedings, Marianne Wesson
The Privilege Against Self-Incrimination In Civil Commitment Proceedings, Marianne Wesson
Publications
No abstract provided.
Scientific Evidence - Part Ii, Paul C. Giannelli
Scientific Evidence - Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
Scientific Evidence - Part I, Paul C. Giannelli
Scientific Evidence - Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Ohio Rules Of Evidence: Part I, Paul C. Giannelli
The Ohio Rules Of Evidence: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
Administrative Law - Internal Revenue Service (Irs) Summons Enforcement - When An Irs Investigation Has Been Coordinated By A Justice Department Strike Force, The District Court Must Determine That Each Summons Issued Was Not Used For An Improper Criminal Investigation Purpose, Angela Baker
Villanova Law Review (1956 - )
No abstract provided.