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Articles 3661 - 3690 of 5954

Full-Text Articles in Evidence

Confrontation Issues In Child Abuse Cases, Paul C. Giannelli Jan 1994

Confrontation Issues In Child Abuse Cases, Paul C. Giannelli

Faculty Publications

No abstract provided.


Polygraph Evidence: Part Ii, Paul C. Giannelli Jan 1994

Polygraph Evidence: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Limits Of Double Jeopardy: A Course Into The Dark, Anne Bowen Poulin Jan 1994

The Limits Of Double Jeopardy: A Course Into The Dark, Anne Bowen Poulin

Villanova Law Review (1956 - )

No abstract provided.


The Dangers Of "General Observations" On Expert Scientific Testimony: A Comment On Daubert V. Merrell Dow Pharmaceuticals, Inc., Robert F. Blomquist Jan 1994

The Dangers Of "General Observations" On Expert Scientific Testimony: A Comment On Daubert V. Merrell Dow Pharmaceuticals, Inc., Robert F. Blomquist

Kentucky Law Journal

No abstract provided.


Confrontation And Hearsay: New Wine In An Old Bottle, The Honorable Anthony M. Brannon Jan 1994

Confrontation And Hearsay: New Wine In An Old Bottle, The Honorable Anthony M. Brannon

Campbell Law Review

No abstract provided.


The Admissibility Of Prior Acquittal Evidence - Has North Carolina Adopted The "Minority View?" - The Effect Of State V. Scott, Matthew S. Sullivan Jan 1994

The Admissibility Of Prior Acquittal Evidence - Has North Carolina Adopted The "Minority View?" - The Effect Of State V. Scott, Matthew S. Sullivan

Campbell Law Review

This Note will examine the court's decision in State v. Scott. First, the Note will address the facts of the case. Second, it will set out the background on how courts decide whether evidence of this nature should be admitted, mainly focusing on Rules 403 and 404(b) of the North Carolina Rules of Evidence. Next, the Note will analyze how the court arrived at this "bright-line" rule as well as the effect it will have in future cases. Finally, the Note will conclude that even though North Carolina adopted the "minority rule", this approach is proper under the concept …


Employee Dishonesty And The After-Acquired Evidence Doctrine: Why Honesty Is The Best Policy, Georgia Stanaitis Jan 1994

Employee Dishonesty And The After-Acquired Evidence Doctrine: Why Honesty Is The Best Policy, Georgia Stanaitis

Cleveland State Law Review

The Eleventh Circuit has stated that application of the after-acquired evidence doctrine as a complete defense is too rigid and that it produces harsh, inequitable results. At the same time, the Eleventh Circuit has voted to rehear the case setting forth this view. Until the rehearing, the Eleventh Circuit's principles are sound.13 Specifically, the Eleventh Circuit has criticized Summers as being antithetical to the principal purposes of Title VII which are to achieve equality of employment opportunity and make whole, so far as is possible, the individual or class affected by the discrimination. The Eleventh Circuit and arbitral forums, such …


A Pragmatic Critique Of Modern Evidence Scholarship, Michael L. Seigel Jan 1994

A Pragmatic Critique Of Modern Evidence Scholarship, Michael L. Seigel

UF Law Faculty Publications

This Article contends that strict adherence to optimistic rationalism has blinded evidence scholars to the reality that the law of evidence is as indeterminate as all other areas of the law. At its core is not a single goal -- the attainment of truth -- but a number of important, complex, and, alas, competing considerations. Answers to questions concerning the appropriate configuration of evidence doctrine cannot be deduced from a unitary principle; indeed, they cannot be deduced at all. Rather, arguments about evidence doctrine must be conducted in the realm of "practical reason." Practical reason is the process through which …


Controversial Science In The Courtroom: Daubert And The Law's Hubris, Paul S. Milich Jan 1994

Controversial Science In The Courtroom: Daubert And The Law's Hubris, Paul S. Milich

Faculty Publications By Year

No abstract provided.


The Title Vii Pretext Question: Resolved In Light Of St. Mary's Honor Center V. Hicks, Robert J. Smith Jan 1994

The Title Vii Pretext Question: Resolved In Light Of St. Mary's Honor Center V. Hicks, Robert J. Smith

Indiana Law Journal

No abstract provided.


Foreword Evidence Symposium: A Comparative Study Of Federal And New York Evidence Practice, Honorable Frank X. Altimari Jan 1994

Foreword Evidence Symposium: A Comparative Study Of Federal And New York Evidence Practice, Honorable Frank X. Altimari

Touro Law Review

No abstract provided.


Supreme Court Rules On Statements Against Interest, The , Michael M. Martin Jan 1994

Supreme Court Rules On Statements Against Interest, The , Michael M. Martin

Faculty Scholarship

Reliability has been defined as "worthy of dependence" or "of proven consistency in producing satisfactory results." It is a common concept as well as a quality for which individuals search in their everyday transactions, such as purchasing a car or selecting an express delivery service. It similarly shapes the rules of evidence pertaining to hearsay. Beth common law and modem evidentiary codes ban the admission of extrajudicial statements offered to prove the truth of a matter asserted because they are not made under oath, in the presence of the trier of fact, and subject to cross-examination. Without these safeguards, the …


The Death And Transfiguration Of Frye, Richard D. Friedman Jan 1994

The Death And Transfiguration Of Frye, Richard D. Friedman

Articles

The rule of Frye v. United States was seventy years old, and had long dominated American law on the question of how well established a scientific principle must be for it to provide the basis for expert testimony. Even after the passage of the Federal Rules of Evidence, several of the federal circuits, as well as various states, purported to adhere to Frye's "general acceptance" standard. But now, unanimously, briefly, and with no apparent angst, the United States Supreme Court has held in Daubert v. Merrell Dow Pharmaceuticals, Inc. that the Frye rule is incompatible with the Federal Rules.


Balancing The Scales: Limiting The Prejudicial Effect Of Evidence Rule 404(B) Through Stipulation, Daniel J. Buzzetta Jan 1994

Balancing The Scales: Limiting The Prejudicial Effect Of Evidence Rule 404(B) Through Stipulation, Daniel J. Buzzetta

Fordham Urban Law Journal

This Note argues that, in a prosecution for a violation of a specific intent criminal statute, the government must accept a defendant’s clear and unambiguous stipulation to possessing the requisite intent for the crime charged. The trial court must ensure that the proffered stipulation is voluntarily given, unambiguous, and comprehensive, so as not to deprive the prosecution from presenting forceful, significant, and probative evidence. Once a defendant offers such an acceptable stipulation, however, the government’s introduction of prior bad acts to prove intent becomes extremely prejudicial, while any probative value the evidence may have is dissipated entirely. Part II of …


Character Impeachment Evidence: The Asymmetrical Interaction Between Personality And Situation, Richard D. Friedman Jan 1994

Character Impeachment Evidence: The Asymmetrical Interaction Between Personality And Situation, Richard D. Friedman

Articles

In Part I of this Comment, I present a short version of my argument against the admissibility of character impeachment evidence of criminal defendants, showing how the key elements ofthis argument are present in Professor Uviller's own Article. In Part II, I suggest that, notwithstanding Professor Uviller's comments to the contrary, an asymmetrical result-never admitting character evidence to impeach criminal defendants but admitting such evidence in some circumstances to impeach other witnesses- is perfectly reasonable. Finally, in Part III, I contend that Professor Uviller's interesting judicial surveys support the solution I have proposed for the problem of character impeachment evidence.


Impeachment And Rehabilitation Under The Maryland Rules Of Evidence: An Attorney's Guide, Paul W. Grimm Jan 1994

Impeachment And Rehabilitation Under The Maryland Rules Of Evidence: An Attorney's Guide, Paul W. Grimm

Faculty Scholarship

No abstract provided.


Polygraph Evidence: Part I, Paul C. Giannelli Jan 1994

Polygraph Evidence: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.


Money Laundering And Drug Trafficking: A Question Of Understanding The Elements Of The Crime And The Use Of Circumstantial Evidence, Thomas M. Dibiagio Jan 1994

Money Laundering And Drug Trafficking: A Question Of Understanding The Elements Of The Crime And The Use Of Circumstantial Evidence, Thomas M. Dibiagio

University of Richmond Law Review

Drug trafficking in the United States generates millions of dollars in cash profits daily. The cash generated from narcotics trafficking usually follows one of two distinct paths. Domestically, the profits are converted into usable currency by disguising the association between the cash and the narcotics enterprise. Monies not spent domestically are transferred back to the nar- cotics source or drug cartel to be enjoyed by the drug traffickers and to provide operating capital for the enterprise. This conversion and transfer process has become known commonly as money laundering.


Right To Counsel: People V. West Jan 1994

Right To Counsel: People V. West

Touro Law Review

No abstract provided.


Character Evidence, James L. Kainen Jan 1994

Character Evidence, James L. Kainen

Touro Law Review

No abstract provided.


Coconspirator Statements And Former Testimony In New York And Federal Courts With Some Comments On Codification, Randolph N. Jonakait Jan 1994

Coconspirator Statements And Former Testimony In New York And Federal Courts With Some Comments On Codification, Randolph N. Jonakait

Touro Law Review

No abstract provided.


Expert Testimony, Barry C. Scheck Jan 1994

Expert Testimony, Barry C. Scheck

Touro Law Review

No abstract provided.


Trances, Trials, And Tribulations, Gary M. Shaw Jan 1994

Trances, Trials, And Tribulations, Gary M. Shaw

Touro Law Review

No abstract provided.


Panel Discussion Jan 1994

Panel Discussion

Touro Law Review

No abstract provided.


The Supreme Court Rules On Statements Against Interest, Michael M. Martin Jan 1994

The Supreme Court Rules On Statements Against Interest, Michael M. Martin

Touro Law Review

No abstract provided.


Symposium Comparing New York And Federal Evidence Law: Introduction, Honorable George C. Pratt Jan 1994

Symposium Comparing New York And Federal Evidence Law: Introduction, Honorable George C. Pratt

Touro Law Review

No abstract provided.


Federal Rule Of Evidence 407: Should It Apply To Products Liability?, Patricia A. Brass Jan 1994

Federal Rule Of Evidence 407: Should It Apply To Products Liability?, Patricia A. Brass

Touro Law Review

No abstract provided.


A Comparison Of The Federal And New York State Rape Shield Statutes, Deborah Stavile Bartel Jan 1994

A Comparison Of The Federal And New York State Rape Shield Statutes, Deborah Stavile Bartel

Touro Law Review

No abstract provided.


Taking The Sizzle Out Of The Frye Rule: Daubert V. Merrell Dow Pharmaceuticals Opens The Door To Novel Expert Testimony, Kimberly Ann Satterwhite Jan 1994

Taking The Sizzle Out Of The Frye Rule: Daubert V. Merrell Dow Pharmaceuticals Opens The Door To Novel Expert Testimony, Kimberly Ann Satterwhite

University of Richmond Law Review

In Frye v. United States, the Court of Appeals of the District of Columbia affirmed a trial court's exclusion of lie detector test results on the ground that such tests had not been "generally accepted" by the scientific community. The Frye rule, or "general acceptance" standard, quickly became the dominant test for the admission of scientific evidence. Decided in 1923, Frye governed evidentiary decisions in a majority of federal circuits for the next seventy years. The adoption of the Federal Rules of Evidence in 1975, however, prompted several judges to question the validity of Frye. Since the enactment of the …


The Marginal Relevance Of Choice Of Law Theory, Stewart E. Sterk Jan 1994

The Marginal Relevance Of Choice Of Law Theory, Stewart E. Sterk

Articles

The article critiques the current state of choice of law theory, arguing that existing methodologies, such as interest analysis and territorial approaches, fail to provide a coherent framework for judicial decision-making. It contends that these theories are overly rigid and do not account for the practical, fact-driven nature of how judges make choices. The author proposes a new test based on expressive similarity to address the complexities of modern copyright disputes, aiming to distinguish between protected expression and unprotected ideas. This approach seeks to balance the protection of creative works with the need to prevent overprotection, which could streamline litigation …