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Articles 3091 - 3120 of 5951
Full-Text Articles in Evidence
Compelled Statements From Police Officers And Garrity Immunity, Steven D. Clymer
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
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
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
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
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
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
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
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
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
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
University of Miami Law Review
No abstract provided.
Response, Celina E. Contreras
A Recipe For Confusion: Congress And The Federal Rules Of Evidence, Professor Daniel J. Capra
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
Admissibility Of Plea Agreements On Direct Examination- Are There Any Limits?, James D. Carlson
University of Miami Law Review
No abstract provided.
A Response To Professor Mueller, Jennifer Christianson
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
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
Expert Testimony On Eyewitness Identification: Admissibility And Alternatives, Thomas Dillickrath
University of Miami Law Review
No abstract provided.
Evidence, Marc T. Treadwell
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
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
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
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
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
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
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
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
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
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
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
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.