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Articles 3361 - 3390 of 5952

Full-Text Articles in Evidence

Diagnostic Evidence Admissibility And The Multiple Personality Disorder Defense, Sabra Mcdonald Owens Jan 1998

Diagnostic Evidence Admissibility And The Multiple Personality Disorder Defense, Sabra Mcdonald Owens

Journal of Health Care Law and Policy

No abstract provided.

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Damaška: Evidence Law Adrift. A Book Review, Richard O. Lempert Jan 1998

Damaška: Evidence Law Adrift. A Book Review, Richard O. Lempert

Reviews

Let me state my biases at the start. I am a great fan of Professor Damaska and have been ever since I read his first book, The Faces of Justice and State Authority. Professor Damaska's most recent book, Evidence Law Adrift, adds to my admiration. In Evidence Law Adrift Professor Dama~ka examines Continental and Anglo-American trial procedures and argues that changes in the way Anglo-American courts resolve cases, especially the marginalization of the jury trial, strip common law evidence doctrine of its theoretical base and place it in danger of becoming an intellectual curiosity confined, in Professor Damaska's words, "to …

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A Feminist Approach To Social Scientific Evidence: Foundations, Andrew E. Taslitz Jan 1998

A Feminist Approach To Social Scientific Evidence: Foundations, Andrew E. Taslitz

Michigan Journal of Gender & Law

This Article addresses several aspects of a feminist approach to social scientific evidence, specifically, the interpretive nature of mental states, the feminist attitude toward juries, and the political nature of evidence law.

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Deconstructing Hearsay's Structure: Toward A Witness Recollection Definition Of Hearsay, Marilyn J. Ireland Jan 1998

Deconstructing Hearsay's Structure: Toward A Witness Recollection Definition Of Hearsay, Marilyn J. Ireland

Villanova Law Review (1956 - )

No abstract provided.

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Kentucky Law Survey: Evidence, Robert G. Lawson Jan 1998

Kentucky Law Survey: Evidence, Robert G. Lawson

Law Faculty Scholarly Articles

This Article is a survey of recent developments in evidence law. It focuses on specific issues, including statements for medical treatment or diagnosis, tape recordings, "probativeness" versus "prejudice," and others.

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The Genesis And Evolution Of Legal Uncertainty About "Reasonable Medical Certainty", Jeff L. Lewin Jan 1998

The Genesis And Evolution Of Legal Uncertainty About "Reasonable Medical Certainty", Jeff L. Lewin

Maryland Law Review

No abstract provided.

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Beyond Privacy, Beyond Probable Cause, Beyond The Fourth Amendment: New Strategies For Fighting Pretext Arrests, 69 U. Colo. L. Rev. 693 (1998), Timothy P. O'Neill Jan 1998

Beyond Privacy, Beyond Probable Cause, Beyond The Fourth Amendment: New Strategies For Fighting Pretext Arrests, 69 U. Colo. L. Rev. 693 (1998), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

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In Re Sealed Case: The Attorney-Client Privilege - Till Death Do Us Part, Casey Nix Jan 1998

In Re Sealed Case: The Attorney-Client Privilege - Till Death Do Us Part, Casey Nix

Villanova Law Review (1956 - )

No abstract provided.

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Courts' Evolving Roles In Daubert Decisions, Susan J. Becker Jan 1998

Courts' Evolving Roles In Daubert Decisions, Susan J. Becker

Law Faculty Articles and Essays

In Daubert, the Supreme Court interpreted Federal Rule of Evidence 702 to permit an arguably more-relaxed standard for the admission of expert scientific evidence than previously allowed under the popular Frye test.

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Rape Shield Statutes And The Admissibility Of Evidence Tending To Show A Motive To Fabricate 1998 John M. Manos Writing Competition On Evidence, Regan Kreitzer Latesta Clerk For United States Bankruptcy Court For The District Of Maryland Jan 1998

Rape Shield Statutes And The Admissibility Of Evidence Tending To Show A Motive To Fabricate 1998 John M. Manos Writing Competition On Evidence, Regan Kreitzer Latesta Clerk For United States Bankruptcy Court For The District Of Maryland

Cleveland State Law Review

Rape shield statutes were enacted in order to protect the rape victim from embarrassment and humiliation at the trial of the accused by restricting the admission of sexual conduct evidence. While these statutes, for the most part, succeed in protecting the victim and encouraging her to report the rape, they can have the effect of limiting the accused's ability to defend himself. Part II of this article discusses the advent of rape shield statutes in the United States. Part III examines case law construing the statutes with regard to prior sexual conduct as evidence of a motive to fabricate. Finally, …

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Seeing Is Believing: A Practitioner's Guide To The Admissibility Of Demonstrative Computer Evidence, 1998 John M. Manos Writing Competition On Evidence , Karen D. Butera Jan 1998

Seeing Is Believing: A Practitioner's Guide To The Admissibility Of Demonstrative Computer Evidence, 1998 John M. Manos Writing Competition On Evidence , Karen D. Butera

Cleveland State Law Review

As computer equipment itself becomes more financially accessible, more experts are using computer simulations as demonstrative evidence during their trial testimony. However, this use of computer simulations presents several novel, complex issues. Part II will explore the backgrounds of demonstrative evidence, computerization, and the use of computer simulation for demonstrative evidence. Part III will discuss and analyze several relevant issues, including attorney training, expert knowledge, judicial confusion, additional evidentiary issues, and the possible prejudicial influence of demonstrative computer simulations. This discussion concludes with some general thoughts regarding the use of demonstrative computer simulation to illustrate expert testimony.

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The Admissibility Of Medical Testimony In Ohio: Daubert, Joiner And Ohio's Relevance-Reliability Standard, Gerald J. Todaro Jan 1998

The Admissibility Of Medical Testimony In Ohio: Daubert, Joiner And Ohio's Relevance-Reliability Standard, Gerald J. Todaro

Cleveland State Law Review

This article specifically examines the reliability standard imposed under Rule 702 of the Ohio Rules of Evidence and its application to medical expert testimony in Ohio. Section II reviews Daubert, its progeny, and Ohio law. This analysis reveals tension between Ohio's flexible relevance/reliability standard and the more exacting demands of Daubert. Section III examines the scientific basis of clinical diagnosis and treatment of illness and disease. This section argues that judges should take judicial notice of the conventional methodology underlying the clinical practice of medicine, and thus the preliminary question of reliability of medical expert testimony should rarely require a …

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Shaken Baby Syndrome: Who Are The True Experts, Joseph D. Hatina Jan 1998

Shaken Baby Syndrome: Who Are The True Experts, Joseph D. Hatina

Cleveland State Law Review

Shaken baby syndrome is a serious form of child maltreatment, often involving infants younger than six months of age. It commonly occurs, yet it is frequently overlooked in its most chronic form and underdiagnosed in its most serious expression. Section II of this article will discuss the symptoms, presentation, and clinical findings of shaken baby syndrome. It will conclude by looking at recommendations from the U.S. Advisory Board on Child Abuse and Neglect. Section III delves into the history, function and statistics of Child Death Review Teams on a national level. The discussion ends by examining Ohio's proposed legislation concerning …

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Daubert In The States, Paul C. Giannelli Jan 1998

Daubert In The States, Paul C. Giannelli

Faculty Publications

No abstract provided.

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Blinded By Science: How Judges Avoid The Science In Scientific Evidence, Erica Beecher-Monas Jan 1998

Blinded By Science: How Judges Avoid The Science In Scientific Evidence, Erica Beecher-Monas

Law Faculty Research Publications

No abstract provided.

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Economic Analysis Of Evidentiary Law: An Underused Tool, An Underplowed Field (Symposium: The Economics Of Evidentiary Law), Richard D. Friedman Jan 1998

Economic Analysis Of Evidentiary Law: An Underused Tool, An Underplowed Field (Symposium: The Economics Of Evidentiary Law), Richard D. Friedman

Articles

The law and economics movement has had a major impact on many areas of law, but rather little on the law of evidence. This is not to say that there have been no attempts to analyze evidentiary issues through an economic lens,' but such efforts are far more scattered in evidence than in other legal fields, including the closely related one of civil procedure.2 Believing that economics has value for evidentiary analysis, I suggested to the Executive Committee and Advisory Board of the Evidence Section of the Association of American Law Schools ("AALS"), when I was chairman of the section, …

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Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross Jan 1998

Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross

Articles

One of the longstanding complaints against the death penalty is that it "distort[s] the course of the criminal law."' Capital prosecutions are expensive and complicated; they draw sensational attention from the press; they are litigated-before, during, and after trial-at greater length and depth than other felonies; they generate more intense emotions, for and against; they last longer and live in memory. There is no dispute about these effects, only about their significance. To opponents of the death penalty, they range from minor to severe faults; to proponents, from tolerable costs to major virtues. ntil recently, however, the conviction of innocent …

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Kentucky Law Survey: Evidence, Robert G. Lawson Jan 1998

Kentucky Law Survey: Evidence, Robert G. Lawson

Kentucky Law Journal

No abstract provided.

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Evidence: 1996-1997 Survey Of New York Law, Faust Rossi Jan 1998

Evidence: 1996-1997 Survey Of New York Law, Faust Rossi

Cornell Law Faculty Publications

No abstract provided.

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Admissibility Of Evidence In Virginia: A Manual For Virginia Trial Lawyers, 2nd Edition, Ronald J. Bacigal Jan 1998

Admissibility Of Evidence In Virginia: A Manual For Virginia Trial Lawyers, 2nd Edition, Ronald J. Bacigal

Law Faculty Publications

This book compiles statutory and case law dealing with the admissibility of evidence. An alphabetical format keyed into subject headings is utilized in order to facilitate quick, accurate access to cases and statutes which answer most basic evidentiary questions. We have also tried, where feasible, to use the language of the court or statute rather than our own interpretation. We believe this approach most usefully serves the purposes of providing a quick, authoritative answer. The format does not allow for extended theoretical discussion, nor does it purport to be an exhaustive survey of all relevant cases. The reader is encouraged …

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Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz Jan 1998

Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.

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Hearsay: Traps & Problem Issues, Paul C. Giannelli Jan 1998

Hearsay: Traps & Problem Issues, Paul C. Giannelli

Faculty Publications

No abstract provided.

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Pretending To Upset The Balance: Old Chief V. United States And Exclusion Of Prior Felony Conviction Evidence Under Federal Rule Of Evidence 403, Donnie L. Kidd Jr. Jan 1998

Pretending To Upset The Balance: Old Chief V. United States And Exclusion Of Prior Felony Conviction Evidence Under Federal Rule Of Evidence 403, Donnie L. Kidd Jr.

University of Richmond Law Review

The story of an event is often more interesting and informative than the mere fact that the event occurred. Aesop's morals would not be as captivating without the fables that accompany them. The fables tell the reader a story embodying a moral truth. On election night, the ballot tally proves which candidate won, but the voter is interested more in the story of the campaign trail that put the candidate in office rather than a naked statistic comparing voting percentages. The story gives not only the bare idea or fact; it mixes this bare idea or fact with the supporting …

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Substantial Assistance And Sentence Severity: Is There A Correlation Substantial Assistance, Ian Weinstein Jan 1998

Substantial Assistance And Sentence Severity: Is There A Correlation Substantial Assistance, Ian Weinstein

Faculty Scholarship

How much more severe are sentences imposed in districts with low substantial assistance rates than those in which the rate is very high? In the aggregate, not at all. At first blush this may puzzle readers because substantial assistance (SA) departures are very unevenly distributed across districts and SA accounts for nearly two-thirds of all downward departures, almost 7,900 of the 12,000 in fiscal 1996. Although this pattern could result in gross disparities among districts, my analysis of inter-district sentencing patterns reveals no statistically significant correlation between the rate of SA departures and the average length of sentences imposed in …

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"Yer Outa Here!" A Framework For Analyzing The Potential Exclusion Of Expert Testimony Under The Federal Rules Of Evidence, Stephen D. Easton Jan 1998

"Yer Outa Here!" A Framework For Analyzing The Potential Exclusion Of Expert Testimony Under The Federal Rules Of Evidence, Stephen D. Easton

University of Richmond Law Review

It does not take long for even a casual observer of criminal and civil trials to make two observations about expert witnesses. The first of these observations comes almost immediately: experts are vitally important to the judicial process. In many trials, the outcome largely depends upon which set of impressively credentialed experts the jurors (and the judge) believe. The second observation generally comes later than the first: a significant amount of shoddy "science," phony logic, faulty analysis, sleight of hand, and other assorted junk enters the courtroom dressed up in the emperor's clothes of expert testimony.

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United States V. Adlman: Protection For Corporate Work Product?, Charles M. Yablon, Steven S. Sparling Jan 1998

United States V. Adlman: Protection For Corporate Work Product?, Charles M. Yablon, Steven S. Sparling

Articles

The Adlman case, decided by the U.S. Court of Appeals for the Second Circuit, significantly expanded the scope of the work product doctrine, particularly affecting corporate legal documents. The court adopted the "because of litigation" test, determining that documents created in anticipation of future litigation are protected, even if they serve dual purposes such as business strategy. This ruling has implications for how companies prepare for transactions and disputes, potentially shielding more strategic documents from discovery while maintaining exceptions for routine or regulatory documents.

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Evidence, Economics, And Ethics: What Information Should Jurors Be Given To Determine The Amount Of A Punitive Damage Award?, David Crump Jan 1998

Evidence, Economics, And Ethics: What Information Should Jurors Be Given To Determine The Amount Of A Punitive Damage Award?, David Crump

Maryland Law Review

No abstract provided.

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The Personhood Argument Against Polygraph Evidence, Or "Even If The Polygraph Really Works, Will Courts Admit The Results?", James R. Mccall Jan 1998

The Personhood Argument Against Polygraph Evidence, Or "Even If The Polygraph Really Works, Will Courts Admit The Results?", James R. Mccall

Faculty Scholarship

No abstract provided.

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Hearsay, Dead Or Alive?, Roger C. Park Jan 1998

Hearsay, Dead Or Alive?, Roger C. Park

Faculty Scholarship

No abstract provided.

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Character At The Crossroads, Roger C. Park Jan 1998

Character At The Crossroads, Roger C. Park

Faculty Scholarship

No abstract provided.

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