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Full-Text Articles in Evidence

Compelled Statements From Police Officers And Garrity Immunity, Steven D. Clymer Nov 2001

Compelled Statements From Police Officers And Garrity Immunity, Steven D. Clymer

Cornell Law Faculty Publications

In this Article, Professor Steven Clymer describes the problem created when police departments require officers suspected of misconduct to answer internal affairs investigators' questions or face job termination. Relying on the Supreme Court's decision in Garrity v. New Jersey, courts treat such compelled statements as immunized testimony. That treatment not only renders such a statement inadmissible in a criminal prosecution of the suspect police officer, it also may require the prosecution to shoulder the daunting and sometimes insurmountable burden of demonstrating that its physical evidence, witness testimony, and strategic decisionmaking are untainted by the statement. Because police internal affairs …


When Is A Parent Not A Parent? On Doma, Civil Unions, And Presumptions Of Parenthood, Mark Strasser Nov 2001

When Is A Parent Not A Parent? On Doma, Civil Unions, And Presumptions Of Parenthood, Mark Strasser

Cardozo Law Review

No abstract provided.


Evidence And Trial Practice, Office Of Continuing Legal Education At The University Of Kentucky College Of Law Oct 2001

Evidence And Trial Practice, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the conference on Evidence and Trial Practice held by UK/CLE in October 2001.


Employer Liability For Sexual Harassment - Normative, Descriptive, And Doctrinal Interactions: A Reply To Professors Beiner And Bisom-Rapp, Linda Hamilton Krieger Oct 2001

Employer Liability For Sexual Harassment - Normative, Descriptive, And Doctrinal Interactions: A Reply To Professors Beiner And Bisom-Rapp, Linda Hamilton Krieger

University of Arkansas at Little Rock Law Review

No abstract provided.


The Gender Gap: Revealing Inequities In Admission Of Social Science Evidence In Criminal Cases, Janet C. Hoeffel Oct 2001

The Gender Gap: Revealing Inequities In Admission Of Social Science Evidence In Criminal Cases, Janet C. Hoeffel

University of Arkansas at Little Rock Law Review

No abstract provided.


Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner Oct 2001

Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner

University of Arkansas at Little Rock Law Review

No abstract provided.


Tort Law—Spoliators Beware, But Fear Not An Independent Civil Suit. Goff V. Harold Ives Trucking Co., 342 Ark. 143, 27 S.W.3d 387 (2000)., Margaret A. Egan Oct 2001

Tort Law—Spoliators Beware, But Fear Not An Independent Civil Suit. Goff V. Harold Ives Trucking Co., 342 Ark. 143, 27 S.W.3d 387 (2000)., Margaret A. Egan

University of Arkansas at Little Rock Law Review

No abstract provided.


Fixing Watches With Sledgehammers: The Questionable Embrace Of Employee Sexual Harassment Training By The Legal Profession, Susan Bisom-Rapp Oct 2001

Fixing Watches With Sledgehammers: The Questionable Embrace Of Employee Sexual Harassment Training By The Legal Profession, Susan Bisom-Rapp

University of Arkansas at Little Rock Law Review

No abstract provided.


Fire Sale? The Admissibility Of Evidence Of Environmental Contamination To Determine Just Compensation In Washington Eminent Domain Proceedings, Paul W. Moomaw Oct 2001

Fire Sale? The Admissibility Of Evidence Of Environmental Contamination To Determine Just Compensation In Washington Eminent Domain Proceedings, Paul W. Moomaw

Washington Law Review

Jurisdictions across the United States are split on the issue of whether evidence of environmental contamination should be admissible to determine just compensation in an eminent domain proceeding. Jurisdictions that admit this evidence reason that environmental contamination is a property characteristic that necessarily affects the value of the property. Those that exclude the evidence cite procedural due process concerns and the risk of extra liability for the landowner. Washington's Model Toxics Control Act (MTCA) establishes a system of assigning liability and recovering cleanup costs for environmental contamination. No Washington court has addressed whether evidence of environmental contamination should be admissible …


Meaning, Intention, And The Hearsay Rule, Paul F. Kirgis Oct 2001

Meaning, Intention, And The Hearsay Rule, Paul F. Kirgis

William & Mary Law Review

No abstract provided.


The Florida Supreme Court Vs. The United States Supreme Court: The Florida Decision In Conner V. State And The Federal Interpretation Of Confrontation And Federal Rule Of Evidence 807, Stacey Schulman Jul 2001

The Florida Supreme Court Vs. The United States Supreme Court: The Florida Decision In Conner V. State And The Federal Interpretation Of Confrontation And Federal Rule Of Evidence 807, Stacey Schulman

University of Miami Law Review

No abstract provided.


Response, Celina E. Contreras Jul 2001

Response, Celina E. Contreras

University of Miami Law Review

No abstract provided.


A Recipe For Confusion: Congress And The Federal Rules Of Evidence, Professor Daniel J. Capra Jul 2001

A Recipe For Confusion: Congress And The Federal Rules Of Evidence, Professor Daniel J. Capra

University of Miami Law Review

No abstract provided.


Admissibility Of Plea Agreements On Direct Examination- Are There Any Limits?, James D. Carlson Jul 2001

Admissibility Of Plea Agreements On Direct Examination- Are There Any Limits?, James D. Carlson

University of Miami Law Review

No abstract provided.


Hypotherical Fact-Pattern Jul 2001

Hypotherical Fact-Pattern

University of Miami Law Review

No abstract provided.


A Response To Professor Mueller, Jennifer Christianson Jul 2001

A Response To Professor Mueller, Jennifer Christianson

University of Miami Law Review

No abstract provided.


Perry Mason Meets The "Legitimate Tendency" Standard Of Admissibility (And Doesn't Like What He Sees), Brett C. Powell Jul 2001

Perry Mason Meets The "Legitimate Tendency" Standard Of Admissibility (And Doesn't Like What He Sees), Brett C. Powell

University of Miami Law Review

No abstract provided.


Expert Testimony On Eyewitness Identification: Admissibility And Alternatives, Thomas Dillickrath Jul 2001

Expert Testimony On Eyewitness Identification: Admissibility And Alternatives, Thomas Dillickrath

University of Miami Law Review

No abstract provided.


Evidence, Marc T. Treadwell Jul 2001

Evidence, Marc T. Treadwell

Mercer Law Review

This survey marks the fifteenth year the author has surveyed Eleventh Circuit evidence decisions. This survey year saw the continuation of what has become a clear trend in Eleventh Circuit evidence decisions. In stark contrast to the days when the Eleventh Circuit, and other courts, rigorously examined district court evidentiary decisions and freely reversed those decisions, the Eleventh Circuit now carefully defers to district judges. The reason for this trend can be debated. Perhaps, given that most evidentiary issues addressed by the Eleventh Circuit arise in the context of criminal cases, Eleventh Circuit judges are today more conservative and thus …


Reply To Professor Ehrhardt, Michael D. Sanger Jul 2001

Reply To Professor Ehrhardt, Michael D. Sanger

University of Miami Law Review

No abstract provided.


Has Florida Won Or Lost The Battle By Eliminating Section 90.803(4) As An Alternative Tool In Prosecuting Child Sexual Abuse?, Celina E. Contreras Jul 2001

Has Florida Won Or Lost The Battle By Eliminating Section 90.803(4) As An Alternative Tool In Prosecuting Child Sexual Abuse?, Celina E. Contreras

University of Miami Law Review

No abstract provided.


Casting Light On The Gray Area: An Analysis Of The Use Of Neutral Pronouns In Non-Testifying Codefendant Redacted Confessions Under Bruton, Richardson, And Gray, Bryant M. Richardson Jul 2001

Casting Light On The Gray Area: An Analysis Of The Use Of Neutral Pronouns In Non-Testifying Codefendant Redacted Confessions Under Bruton, Richardson, And Gray, Bryant M. Richardson

University of Miami Law Review

No abstract provided.


Alternative Views Of Argument Construction From A Mass Of Evidence, David A. Schum Jul 2001

Alternative Views Of Argument Construction From A Mass Of Evidence, David A. Schum

Cardozo Law Review

No abstract provided.


Models Of Data Generation Vs. Models Of Events That Generate Data, Ward Edwards Jul 2001

Models Of Data Generation Vs. Models Of Events That Generate Data, Ward Edwards

Cardozo Law Review

No abstract provided.


Species Of Abductive Reasoning In Fact Investigation In Law, David A. Schum Jul 2001

Species Of Abductive Reasoning In Fact Investigation In Law, David A. Schum

Cardozo Law Review

No abstract provided.


Logical Argumentation, Abduction And Bayesian Decision Theory: A Bayesian Approach To Logical Arguments And Its Application To Legal Evidential Reasoning, David Poole Jul 2001

Logical Argumentation, Abduction And Bayesian Decision Theory: A Bayesian Approach To Logical Arguments And Its Application To Legal Evidential Reasoning, David Poole

Cardozo Law Review

There are good normative arguments for using Bayesian decision theory for deciding what to do. However, there are also good arguments for using logic where we want formal semantics for a language, and where we want to use the structure of logical argumentation with logical variables to represent multiple individuals (things). This Article shows how decision theory and logical argumentation can be combined into a coherent framework. The Independent Choice Logic ("ICL") can be viewed as a first-order representation of belief networks with conditional probability tables represented as first-order rules, or as a abductive/argument-based logic with probabilities over assumables. Intuitively …


Structured Deliberation For Dynamic Uncertain Inference, Paul Snow, Marianne Belis Jul 2001

Structured Deliberation For Dynamic Uncertain Inference, Paul Snow, Marianne Belis

Cardozo Law Review

Dynamic uncertain inference is the formation of opinions based upon evidence or argument whose availability is neither disclosed to the analyst in advance nor disclosed all at once. Normative accounts of belief change, which work well when the analyst has prior notice of well-designed experiments and their possible outcomes, may not be applicable to less tidy occasions of inference. In addition, there is the clerical challenge of keeping track of what has been observed, what relates to what, and how. This Article begins with a discussion of subjective valuation in general. An approach to deliberation, similar to what is practiced …


Liability For Increased Risk Of Harm: A Lawyer's Response To Professor Shafer, Melanie B. Leslie Jul 2001

Liability For Increased Risk Of Harm: A Lawyer's Response To Professor Shafer, Melanie B. Leslie

Cardozo Law Review

No abstract provided.


Introduction To The Evidence Symposium: The New Generation Of Realists In Evidence Law, Professor Edward J. Imwinkelried Jul 2001

Introduction To The Evidence Symposium: The New Generation Of Realists In Evidence Law, Professor Edward J. Imwinkelried

University of Miami Law Review

No abstract provided.


Throwing The Baby Out With The Bathwater: Why Child Sexual Abuse Accommodation Syndrome Should Be Allowed As A Rehabilitative Tool In The Florida Courts, Michael D. Stanger Jul 2001

Throwing The Baby Out With The Bathwater: Why Child Sexual Abuse Accommodation Syndrome Should Be Allowed As A Rehabilitative Tool In The Florida Courts, Michael D. Stanger

University of Miami Law Review

No abstract provided.