Evidence Commons^™

Much Ado About Nothing - The Supreme Court Still Fails To Solve The General Acceptance Problem Regarding Expert Testimony And Scientific Evidence , Joseph B. Spero

Journal of Law and Health

This paper will discuss and analyze the problem of scientific evidence and expert testimony from Frye v. United States to the new grounds for admissibility established by the Supreme Court of the United States in Daubert v. Merrell Dow Pharmaceuticals, Inc. This note will specifically focus on some of the changes made by the courts to the common law rule and follow its transformation to a more liberal standard within the federal court system. The paper will conclude that the courts have not really changed their position on the admissibility of scientific evidence and that their current criteria still are …

Introduction Of Scientific Evidence In Criminal Cases, H. Patrick Furman

Publications

No abstract provided.

Insuring Reliable Fact Finding In Guidelines Sentencing: Why Not Real Evidence Rules, Randolph N. Jonakait

Articles & Chapters

No abstract provided.

The Common Law Theory Of Experts: Deference Or Education?, Joseph S. Miller, Ronald J. Allen

Scholarly Works

What if witness testimony emerges from, or can only be understood by reference to, an experience that the fact finder lacks? Or what if the connection between what a witness says and the full import of what the witness means is so arcane that the chances are virtually zero that the jury will understand what the spoken words are intended to convey? Both cases arise surprisingly frequently in the trial of disputes. For example, the problem arises whenever a witness is not fluent in English, as it often does when the common practice of a business or trade plays a …

Myself Alone: Individualizing Justice Through Psychological Character Evidence, Andrew E. Taslitz

Maryland Law Review

No abstract provided.

In Re Paoli Railroad Yard Pcb Litigation: The Jury's Role In Resolving The Battle Of The Experts, Joseph C. Kohn

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Comment Of An Expert: Biomarker Evidence Following Exposure To Pollutants, A. C. Zahalski, P.R. Mcconnachie

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Investigative Interviews Of Children: Should They Be Videotaped, John E.B. Myers

McGeorge School of Law Scholarly Articles

No abstract provided.

Expert Testimony Describing Psychological Syndromes, John E.B. Myers

McGeorge School of Law Scholarly Articles

No abstract provided.

Fair Use Misconstrued: Profit, Presumptions, And Parody, William F. Patry, Shira Perlmutter

Cardozo Arts & Entertainment Law Journal

No abstract provided.

In Defense Of A Constitutional Theory Of Experts, Ronald L. Carlson

Scholarly Works

Professor Ronald Allen honors the memory of John Henry Wigmore on virtually every occasion in which he targets an aspect of evidence law for scholarly study. As Wigmore Professor of Law, Allen has consistently afforded modern evidence specialists some of the best in provocative theory as grist for review and discussion. He now places experts in his sights, and the results are no less stimulating.

Osha Evidence In Federal Court Products Liability Actions: Too Prejudicial To Be Admissible To Prove A Machine's Safety Or Defect, Or Simply Additional Evidence For The Fact Finder?, Michael Siris

Touro Law Review

No abstract provided.

Constitutional Posture Of Canine Sniffs, Lina Shahin

Touro Law Review

No abstract provided.

Asymmetric Information And The Selection Of Disputes For Litigation, Keith N. Hylton

Faculty Scholarship

What explains the decision to litigate rather than settle a dispute? The standard theoretical approach to this question is a contract model that suggests that parties will litigate when the set of mutually beneficial settlement agreements-that is, the contract zone-is empty. The contract zone may be empty because the parties have divergent expectations of the trial outcome or because one party has more at stake than the other. The divergent-expectations explanation suggests that there are general respects in which litigated disputes differ from settled disputes and that one need not know the identities of litigants or the specific area of …

World-Wide Volkswagen V. Woodson-The Rest Of The Story, Charles Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Uncharged Misconduct Evidence In Sex Crime Cases: Reassessing The Rule Of Exclusion, Roger C. Park, David P. Bryden

Faculty Scholarship

No abstract provided.

Evidence, Marc T. Treadwell

Mercer Law Review

In five previous Georgia and Eleventh Circuit evidence survey articles, the author extolled the virtues of the proposed Georgia Rules of Evidence.' These rules roughly tracked the Federal Rules of Evidence and would replace Georgia's existing evidence code which is, in reality, not a code at all but rather a jumble of disjointed statutes found in several different titles of the Official Code of Georgia Annotated and countless court decisions. The proposed rules were first introduced in the General Assembly in 1989 and were approved by the Senate in 1990 and 1991 but have never been reported out of the …

Evidence—Novel Scientific Evidence—Dna Profiling Held Admissible Under The Relevancy Standard. Prater V. State., Ralph Spory

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Child Hearsay Exception In Sexual Abuse Cases—New Arkansas Supreme Court Rule Conflicts With New General Assembly Rule: Which Controls? Vann V. State., Gregory Clay Sandefur

University of Arkansas at Little Rock Law Review

No abstract provided.

Payne V. Tennessee: The Supreme Court Places Its Stamp Of Approval On The Use Of "Victim Impact Evidence" During Capital Sentencing Proceedings, Stephen M. Sargent

BYU Law Review

No abstract provided.

Stories Versus Theories At The Cardozo Evidence Conference: It's Just Another Metaphor To Me, Lewis H. Larue

Scholarly Articles

Not available.

Stories Versus Theories At The Cardozo Evidence Conference: It’S Just Another Metaphor To Me, L. H. Larue

Cardozo Law Review

Cardozo Law School was host to an evidence conference on March 24-26, 1991. The papers have been published, so the conference has been duly memorialized. However, the conference had a "subtext" that differed from the "text," that is, the theme of the conference, judging from the hallway gossip, differed from the officially proclaimed theme; if one reads the published text carefully, one can see the subtext within the text, the unofficial theme alongside the official theme. I asked the editors of this Review to let me record my evaluation of the unofficial theme, so that it may have equal status …

Hearsay From A Layperson, David A. Schum

Cardozo Law Review

No abstract provided.

Infinite Strands, Infinitesimally Thin: Storytelling, Bayesianism, Hearsay And Other Evidence, Richard D. Friedman

Cardozo Law Review

No abstract provided.

A Response To The “Probative Value” Theory Of Hearsay Suggested By Hearsay From A Layperson, Eleanor Swift

Cardozo Law Review

No abstract provided.

Beyond Maryland V. Craig: Can And Should Adult Rape Victims Be Permitted To Testify By Closed-Circuit Television?, Lisa Hamilton Thielmeyer

Indiana Law Journal

No abstract provided.

Evidence, Marc T. Treadwell

Mercer Law Review

For the past several years, the State Bar of Georgia has lobbied vigorously for the adoption of a new Georgia Evidence Code based upon the Federal Rules of Evidence. Few would dispute that the existing Georgia Evidence Code, which really is not a code at all but rather an amorphous amalgam of disjointed statutes and thousands of judicial decisions, is in need of revision. Apparently, however, there is considerable dispute regarding exactly what changes should be made.

The proposed Georgia Rules of Evidence is the product of an intensive study by the State Bar of the deficiencies of the existing …

Transport Modeling – Technical And Legal Issues, Adrian Brown

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

27 pages.

Contains footnotes.

The Evolution And Performance Of Groundwater Management Institutions In Southern California, William Blomquist

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

12 pages.