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Articles 3811 - 3840 of 5952
Full-Text Articles in Evidence
Book Review Of Litigation Services Directory, James S. Heller
Book Review Of Litigation Services Directory, James S. Heller
Library Staff Publications
No abstract provided.
Meta-Evidence: Do We Need It?, Christopher B. Mueller
Meta-Evidence: Do We Need It?, Christopher B. Mueller
Publications
No abstract provided.
Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller
Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller
Publications
No abstract provided.
Scientific Evidence In Criminal Prosecutions, Paul C. Giannelli
Scientific Evidence In Criminal Prosecutions, Paul C. Giannelli
Faculty Publications
No abstract provided.
Biased Evidence Rules: A Framework For Judicial Analysis And Reform, Randolph N. Jonakait
Biased Evidence Rules: A Framework For Judicial Analysis And Reform, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
Making The Law Of Factual Determinations Matter More, Randolph N. Jonakait
Making The Law Of Factual Determinations Matter More, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
The Aftermath Of The Iran-Contra Trials: The Uncertain Status Of Derivative Use Immunity, Jerome A. Murphy
The Aftermath Of The Iran-Contra Trials: The Uncertain Status Of Derivative Use Immunity, Jerome A. Murphy
Maryland Law Review
No abstract provided.
Truth In Evidence And The Privilege Clause–A Compromised Relationship, James R. Mccall
Truth In Evidence And The Privilege Clause–A Compromised Relationship, James R. Mccall
Faculty Scholarship
No abstract provided.
The New Wave Of Hearsay Reform Scholarship, Roger C. Park
The New Wave Of Hearsay Reform Scholarship, Roger C. Park
Faculty Scholarship
No abstract provided.
Juror Decision Making And The Evaluation Of Hearsay Evidence, Roger C. Park, Peter Miene, Eugene Borgida
Juror Decision Making And The Evaluation Of Hearsay Evidence, Roger C. Park, Peter Miene, Eugene Borgida
Faculty Scholarship
No abstract provided.
Jurors' Perceptions Of Eyewitness And Hearsay Evidence, Roger C. Park, Margaret Bull Kovera, Steven D. Penrod
Jurors' Perceptions Of Eyewitness And Hearsay Evidence, Roger C. Park, Margaret Bull Kovera, Steven D. Penrod
Faculty Scholarship
No abstract provided.
Struggling To Stop The Flood Of Unreliable Expert Testimony, David L. Faigman
Struggling To Stop The Flood Of Unreliable Expert Testimony, David L. Faigman
Faculty Scholarship
No abstract provided.
Proof In Law And Science, David H. Kaye
Proof In Law And Science, David H. Kaye
Faculty Scholarship
This article addresses proof in both science and law. Both disciplines utilize proof of facts and proof of theories, but for different purposes and, consequently, in different ways. Some similarities exist, however, in how both disciplines use a series of premises followed by a conclusion to form an argument, and thus constitute a logic. This article analyzes the ways in which legal logic and scientific logic differ. Finding facts in law involves the same logic but quite different procedures than scientific fact-finding. Finding, or rather constructing, the law is also very different from scientific theorizing. But such differences do not …
Toward A Partial Economic, Game-Theoretic Analysis Of Hearsay, Richard D. Friedman
Toward A Partial Economic, Game-Theoretic Analysis Of Hearsay, Richard D. Friedman
Articles
In this Article, I offer a fundamentally different and nondoctrinaire way of approaching hearsay questions. In brief, I take the view that the resolution of a hearsay dispute, when the declarant is not on the stand, is essentially a matter of deciding who should bear the burden of producing the declarant, or more precisely, how courts should allocate that burden. Adopting a simple procedural improvement, concerning the examination of the declarant if she is produced as a witness, allows the court to allocate the burden optimally. If live testimony by the declarant would be more probative than prejudicial, then most …
Standards Of Persuasion And The Distinction Between Fact And Law, Richard D. Friedman
Standards Of Persuasion And The Distinction Between Fact And Law, Richard D. Friedman
Articles
The invitation to respond in these pages to Gary Lawson's very interesting article, Proving the Law, was tempting enough. But what made it irresistible was Professor Lawson's comment that he is "addressing, with a brevity that borders on the irresponsible, subjects well beyond [his] depth." Now, that's the kind of debate I really like. Let me jump right in. A principal question raised by Lawson, which I find quite interesting, may be phrased in general, and purposefully ambiguous, terms as follows: Before an actor treats a proposition as a valid2 proposition of law, what standard of persuasion should that proposition …
Evidentiary Rules And Rulings: The Role Of Treatises, Richard D. Friedman
Evidentiary Rules And Rulings: The Role Of Treatises, Richard D. Friedman
Articles
I have devoted large gobs of time to work on a multi-author treatise on the law of evidence.' And before even one volume is published, I will devote further multiple gobs of time to the project-which, perhaps audaciously and perhaps merely foolishly, but with heredity and precedent on our side,2 we are calling The New Wigmore. Accordingly, I found the question posed by this symposium-Does Evidence Law Matter?-rather disquieting. If it is doubtful even whether the law of evidence matters, then how much can a treatise on the law of evidence matter, and how worthwhile can such a work be? …
Infinite Strands, Infinitesimally Thin: Storytelling, Bayesianism, Hearsay And Other Evidence, Richard D. Friedman
Infinite Strands, Infinitesimally Thin: Storytelling, Bayesianism, Hearsay And Other Evidence, Richard D. Friedman
Articles
David Schum has long been one of our keenest commentators on questions of inference and proof. He has been particularly interested in, and illuminating on, the subject of "cascaded," or multi-step, inference.' This is a subject of importance to lawyers, because most evidence at trial can be analyzed in terms of cascaded inference. Usually, the proposition that the fact finder2 might immediately infer from the evidence is not itself an element of a crime, claim, or defense. Most often, an extra inference would be required to jump from that proposition to a proposition that the law deems material. Thus, inference …
Character And Credibility: A Proposal To Realign Federal Rules Of Evidence 608 And 609, Robert D. Okun
Character And Credibility: A Proposal To Realign Federal Rules Of Evidence 608 And 609, Robert D. Okun
Villanova Law Review (1956 - )
No abstract provided.
Developments In The Law Of Evidence, Sophia Goodman, Henry C. Karlson, Kathleen M. Mulligan
Developments In The Law Of Evidence, Sophia Goodman, Henry C. Karlson, Kathleen M. Mulligan
Articles by Maurer Faculty
The purpose of this Article is to alert Indiana practitioners to significant 1991 developments in the law of evidence. The Article first discusses Indiana developments. It then briefly highlights Seventh Circuit and United States Supreme Court decisions of note.
Thinking About Elephants: Admonitions, Empirical Research And Legal Policy, J. Alexander Tanford
Thinking About Elephants: Admonitions, Empirical Research And Legal Policy, J. Alexander Tanford
Articles by Maurer Faculty
No abstract provided.
The Federal Rules Of Evidence After Sixteen Years -- The Effect Of "Plain Meaning" Jurisprudence, The Need For An Advisory Committee On The Rules Of Evidence, And Suggestions For Selective Revision Of The Rules, Aviva A. Orenstein, Edward R. Becker
The Federal Rules Of Evidence After Sixteen Years -- The Effect Of "Plain Meaning" Jurisprudence, The Need For An Advisory Committee On The Rules Of Evidence, And Suggestions For Selective Revision Of The Rules, Aviva A. Orenstein, Edward R. Becker
Articles by Maurer Faculty
No abstract provided.
Evidence, Marc T. Treadwell
Evidence, Marc T. Treadwell
Mercer Law Review
The most significant development in Georgia evidence law during the survey period, as in the past two survey periods, was the continued effort to adopt a new Georgia evidence code based upon the Federal Rules of Evidence. The State Bar of Georgia is firmly committed to the adoption of the Georgia Rules of Evidence and has vigorously lobbied for the proposed rules in each of the past two sessions of the Georgia General Assembly. Although no organized opposition has arisen to the proposed rules, the rules have yet to be adopted. In the 1991 session of the General Assembly, as …
Testing Right - Lying In View Of Justice, Peter Fenves
Testing Right - Lying In View Of Justice, Peter Fenves
Cardozo Law Review
Walter Benjamin: Justice, Right and the Critique of Violence
The Violence Of Contamination And The Violence Of The Pure, Arkady Plotnitsky
The Violence Of Contamination And The Violence Of The Pure, Arkady Plotnitsky
Cardozo Law Review
No abstract provided.
Proving Your Case - Evidence And Procedure In Action, Christopher Finlayson
Proving Your Case - Evidence And Procedure In Action, Christopher Finlayson
Cardozo Law Review
No abstract provided.
The New Evidence Scholarship, William Twining
The New Evidence Scholarship, William Twining
Cardozo Law Review
No abstract provided.
Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard Lempert
Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard Lempert
Cardozo Law Review
No abstract provided.
Stories, Forensic Science, And Improved Verdicts, Randolph N. Jonakait
Stories, Forensic Science, And Improved Verdicts, Randolph N. Jonakait
Cardozo Law Review
No abstract provided.
Five Cheers For Schum And Tillers, William Twining
Five Cheers For Schum And Tillers, William Twining
Cardozo Law Review
No abstract provided.
A Comment On Wasserman’S “The Morality Of Statistical Proof And The Risk Of Mistaken Liability”, L. Jonathan Cohen
A Comment On Wasserman’S “The Morality Of Statistical Proof And The Risk Of Mistaken Liability”, L. Jonathan Cohen
Cardozo Law Review
No abstract provided.