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Full-Text Articles in Evidence

Comment On Edwards: Ward Edwards And The New Bayesian Software, David T. Wasserman Nov 1991

Comment On Edwards: Ward Edwards And The New Bayesian Software, David T. Wasserman

Cardozo Law Review

No abstract provided.


Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert Nov 1991

Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert

Articles

There are three ways in which stories may figure prominently at trials. First, litigants may tell stories to jurors. Not only is there some social science evidence that this happens, but trial lawyers have an instinctive sense that this is what they do. Ask a litigator to describe a current case and she is likely to reply, "Our story is ... " Second, jurors may try to make sense of the evidence they receive by fitting it to some story pattern. If so, the process is likely to feed back on itself. That is, jurors are likely to build a …


Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard O. Lempert Nov 1991

Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard O. Lempert

Articles

The conference panel at which this paper was originally presented was structured along the lines of a debate. The three speakers who were supposed to advocate the use of DNA evidence were labeled, as is customary, Proponents. But those who were supposed to take the negative side were not called Opponents. Rather they were labeled Caveators. I do not know who is responsible for this label, but I think it gets things exactly right. To my mind anyone considering DNA as criminal identification evidence should be a Caveator. The promise and utility of DNA analysis in identifying the perpetrators of …


Reply To Cohen: Common Sense About Naked Statistics, David T. Wasserman Nov 1991

Reply To Cohen: Common Sense About Naked Statistics, David T. Wasserman

Cardozo Law Review

No abstract provided.


The Nature Of Juridicial Proof, Ronald J. Allen Nov 1991

The Nature Of Juridicial Proof, Ronald J. Allen

Cardozo Law Review

No abstract provided.


Procedural Options For Resolving Hearsay Issues, Roger C. Park Nov 1991

Procedural Options For Resolving Hearsay Issues, Roger C. Park

Cardozo Law Review

No abstract provided.


A Reply To Allen, L. Jonathan Cohen Nov 1991

A Reply To Allen, L. Jonathan Cohen

Cardozo Law Review

No abstract provided.


Refocusing The New Evidence Scholarship, Terence J. Anderson Nov 1991

Refocusing The New Evidence Scholarship, Terence J. Anderson

Cardozo Law Review

No abstract provided.


Incentives To Spoliate Evidence In Civil Litigation: The Need For Vigorous Judicial Action, Charles R. Nesson Nov 1991

Incentives To Spoliate Evidence In Civil Litigation: The Need For Vigorous Judicial Action, Charles R. Nesson

Cardozo Law Review

No abstract provided.


The Morality Of Statistical Proof And The Risk Of Mistaken Liability, David T. Wasserman Nov 1991

The Morality Of Statistical Proof And The Risk Of Mistaken Liability, David T. Wasserman

Cardozo Law Review

No abstract provided.


Kicking Rocks With Dr. Johnson: A Comment On Professor Allen’S Theory, Craig R. Callen Nov 1991

Kicking Rocks With Dr. Johnson: A Comment On Professor Allen’S Theory, Craig R. Callen

Cardozo Law Review

No abstract provided.


Mistrial By Likelihood Ratio: Bayesian Analysis Meets The F-Word, Paul Bergman, Al Moore Nov 1991

Mistrial By Likelihood Ratio: Bayesian Analysis Meets The F-Word, Paul Bergman, Al Moore

Cardozo Law Review

No abstract provided.


Decision, Disciplined Inferences And The Adversary Process, Robert S. Thompson Nov 1991

Decision, Disciplined Inferences And The Adversary Process, Robert S. Thompson

Cardozo Law Review

No abstract provided.


Decision And Inference, Peter Tillers Nov 1991

Decision And Inference, Peter Tillers

Cardozo Law Review

No abstract provided.


Expert-Novice Differences And Implications For Choice Of Bench Versus Jury Trial, Anne W. Martin Nov 1991

Expert-Novice Differences And Implications For Choice Of Bench Versus Jury Trial, Anne W. Martin

Cardozo Law Review

No abstract provided.


Marshalling Evidence For Adversary Litigation, David Schum, Peter Tillers Nov 1991

Marshalling Evidence For Adversary Litigation, David Schum, Peter Tillers

Cardozo Law Review

No abstract provided.


Telling Tales In Court: Trial Procedure And The Story Model, Richard Lempert Nov 1991

Telling Tales In Court: Trial Procedure And The Story Model, Richard Lempert

Cardozo Law Review

No abstract provided.


Credal Probablity, D. H. Kaye Nov 1991

Credal Probablity, D. H. Kaye

Cardozo Law Review

No abstract provided.


Marshalling Information Prior To Litigation, Bernard Robertson Nov 1991

Marshalling Information Prior To Litigation, Bernard Robertson

Cardozo Law Review

No abstract provided.


Hear No Evil, See No Evil: A Comment On Professor Nesson’S Claims About Evidence Suppression, Dale A. Nance Nov 1991

Hear No Evil, See No Evil: A Comment On Professor Nesson’S Claims About Evidence Suppression, Dale A. Nance

Cardozo Law Review

No abstract provided.


Improving The Procedure For Resolving Hearsay Issues, Richard D. Friedman Nov 1991

Improving The Procedure For Resolving Hearsay Issues, Richard D. Friedman

Cardozo Law Review

No abstract provided.


What Dna “Fingerprinting” Can Teach The Law About The Rest Of Forensic Science, Michael J. Saks, Jonathan J. Koehler Nov 1991

What Dna “Fingerprinting” Can Teach The Law About The Rest Of Forensic Science, Michael J. Saks, Jonathan J. Koehler

Cardozo Law Review

No abstract provided.


Missing Evidence, Dale A. Nance Nov 1991

Missing Evidence, Dale A. Nance

Cardozo Law Review

No abstract provided.


Comment On Nesson, Joseph Gastwirth Nov 1991

Comment On Nesson, Joseph Gastwirth

Cardozo Law Review

No abstract provided.


The Admissibility Of Dna Testing, D. H. Kaye Nov 1991

The Admissibility Of Dna Testing, D. H. Kaye

Cardozo Law Review

No abstract provided.


The New Criminal Discovery Code In Oklahoma: A Two Way Street In The Wrong Direction, Rodney J. Uphoff Oct 1991

The New Criminal Discovery Code In Oklahoma: A Two Way Street In The Wrong Direction, Rodney J. Uphoff

Faculty Publications

This article first examines criminal discovery in Oklahoma prior to the Allen decision. Next, section II of the article explores Allen and the court’s justifications for creating a reciprocal discovery system. The article reviews the Allen procedures and similar pre-trial discovery provisions contained in the American Bar Association’s Standards for Criminal Justice and questions whether Allen’s new discovery system will achieve the desired results. Section II also focuses on the constitutionality of the defendant’s disclosure obligations and the adverse effects of mandating such disclosures on the adversary system. Finally, section III of the article proposes an alternative discovery code based …


The Admissibility Of Hypnotically Enhanced Testimony In Criminal Trials, Gary Shaw Oct 1991

The Admissibility Of Hypnotically Enhanced Testimony In Criminal Trials, Gary Shaw

Scholarly Works

No abstract provided.


Idaho V. Wright: The Defenestration Of Corroborating Evidence, John Clairborne Koski Sep 1991

Idaho V. Wright: The Defenestration Of Corroborating Evidence, John Clairborne Koski

University of Miami Law Review

No abstract provided.


Evidence, Marc T. Treadwell Jul 1991

Evidence, Marc T. Treadwell

Mercer Law Review

The Georgia lawyers among the readers of this Article likely are somewhat familiar with efforts over the past several years to adopt a new Georgia Evidence Code based upon the Federal Rules of Evidence (the "Rules"). The Georgia Evidence Code is Sorely in need of revision. It can be argued that there is no Georgia Evidence Code as such. Indeed, Georgia lawyers must grapple with an amorphous amalgam of disjointed statutes and thousands of judicial decisions that constitute our body of evidence law.


Modern Confession Law After Duckworth V. Eagan: What's The Use Of Explaining?, Julia C. Weissman Jul 1991

Modern Confession Law After Duckworth V. Eagan: What's The Use Of Explaining?, Julia C. Weissman

Indiana Law Journal

No abstract provided.