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Articles 4351 - 4380 of 5951
Full-Text Articles in Evidence
State Of The Art Evidence Admissible To Rebut Evidence Of Feasible Design Alternatives., Patricia Mary Mcentee
State Of The Art Evidence Admissible To Rebut Evidence Of Feasible Design Alternatives., Patricia Mary Mcentee
St. Mary's Law Journal
Abstract Forthcoming.
Full Faith And Credit, More Or Less, To Judgments: Doubts About Thomas V. Washington Gas Light Co., Stewart E. Sterk
Full Faith And Credit, More Or Less, To Judgments: Doubts About Thomas V. Washington Gas Light Co., Stewart E. Sterk
Articles
Workmen's compensation awards, decrees of administrative tribunals rather than courts, present the question of how far the mandate of the full faith and credit clause should reach and whether the clause should bar a claimant from pursuing supplemental compensation in a second state. Recently, in Thomas v. Washington Gas Light Co., the Supreme Court decided that full faith and credit should not prevent a claimant from obtaining supplemental compensation. Professor Sterk criticizes the Court's analysis, demonstrating the Thomas Court's neglect of the federal interests that the clause should protect. After examining the clause and its policy underpinnings, Professor Sterk …
Equal Access To Evidence: The Case For The Defense Use Of Immunity For Essential Witnesses, Andrea Lyon
Equal Access To Evidence: The Case For The Defense Use Of Immunity For Essential Witnesses, Andrea Lyon
Law Faculty Publications
No abstract provided.
United States V. Williams: The Good Faith Exception To The Exclusionary Rule, Patricia Walker Bass
United States V. Williams: The Good Faith Exception To The Exclusionary Rule, Patricia Walker Bass
Mercer Law Review
In an opinion with two alternative holdings, the Fifth Circuit Court of Appeals decided en banc United States v. Williams on July 31, 1980. The court first held that, because Ms. Williams' arrest was legal, the incriminating evidence found as a result of the search incident to arrest could be used against her at trial. Alternatively, the court ruled that evidence should not be excluded when it is discovered by officers acting in good faith despite the fact that they are mistaken in thinking that their actions are lawful. This note focuses on the second holding that purports to establish …
Closing The Evidentiary Gap: A Review Of Circuit Court Opinions Analyzing Federal Black Lung Presumptions Of Entitlement, Henry L. Stephens Jr., Alva A. Hollon Jr.
Closing The Evidentiary Gap: A Review Of Circuit Court Opinions Analyzing Federal Black Lung Presumptions Of Entitlement, Henry L. Stephens Jr., Alva A. Hollon Jr.
West Virginia Law Review
No abstract provided.
Disclosure Of Grand Jury Materials Under Clayton Act Section 4f(B), Michigan Law Review
Disclosure Of Grand Jury Materials Under Clayton Act Section 4f(B), Michigan Law Review
Michigan Law Review
This Note analyzes the controversy and concludes that the latter courts are correct: Congress never intended to abrogate or modify rule 6(e)'s "particularized need" standard when it enacted section4F(b). Part I discusses whether Congress intended section 4F(b) to require the Attorney General to disclose grand jury materials to state attorneys general upon request, thereby abrogating rule 6(e)'s explicit prohibition against such disclosure. Part II examines the statutory language and legislative history of section). 4F(b) to determine whether Congress intended section 4F(b) to modify rule 6(e)'s "particularized need" standard. Finally, Part III evaluates the policies affected by liberalized disclosure of grand …
A Right To Every Woman's Evidence, Richard O. Lempert
A Right To Every Woman's Evidence, Richard O. Lempert
Articles
I am indeed honored to be here with you today, honored to be joining you next year as Iowa's first Mason Ladd Visiting Distinguished Professor of Law, and honored to be giving the first Mason Ladd Lecture. The honor lies not just in the recognition you accord me, but also in the linkage to the man in whose name this recognition is given.
United States V. Payner--Constriction Of The Federal Courts' Supervisory Power, Mary Rich Lewis
United States V. Payner--Constriction Of The Federal Courts' Supervisory Power, Mary Rich Lewis
West Virginia Law Review
No abstract provided.
Reflections On Alfred Hill's "Testimonial Privilege And Fair Trial", Peter Westen
Reflections On Alfred Hill's "Testimonial Privilege And Fair Trial", Peter Westen
University of Michigan Journal of Law Reform
I have learned a great deal from "Testimonial Privilege and Fair Trial"-as I always do from Professor Hill's work. Indeed, he has changed my way of thinking in this area in several important respects. At the same time, I come to rather different conclusions than he regarding each of his three major topics. Part I of this article examines the problem of finding a "remedy" for testimonial privileges that violate a defendant's right to a fair trial. Part II discusses the problem of determining when a defendant is entitled to assert that the "right" has been violated. Finally, Part III …
The Privacy Protection Act Of 1980: Curbing Unrestricted Third-Party Searches In The Wake Of Zurcher V. Stanford Daily, Jose M. Sariego
The Privacy Protection Act Of 1980: Curbing Unrestricted Third-Party Searches In The Wake Of Zurcher V. Stanford Daily, Jose M. Sariego
University of Michigan Journal of Law Reform
This article analyzes the Privacy Protection Act as a response to Zurcher. Part I discusses the Zurcher decision and its effect on First and Fourth Amendment rights, as well as its impact on state testimonial privileges. Part II critically examines key features of the statute, focusing on the parties and materials protected, the police practices regulated, the remedies provided for violations, and the Act's constitutional underpinnings. Part II also offers suggestions for remedying the problems the Act currently presents. The article concludes that the Privacy Protection Act, while a necessary first step to minimizing the impact of Zurcher, is …
Faces Without Features: The Surface Validity Of Criminal Inferences, Peter Lushing
Faces Without Features: The Surface Validity Of Criminal Inferences, Peter Lushing
Articles
The article critiques the Supreme Court's decision in County Court v. Allen, arguing that the Court's approach to evaluating instructed inferences in criminal cases undermines the integrity of the fact-finding process. The central concern is that the Court's methodology, which assesses inferences as applied rather than on their face, fails to address the potential irrationality of such inferences and the pressure they may exert on jurors to convict without thorough consideration of the evidence. The article advocates for a more rigorous standard to ensure the rationality and constitutionality of instructed inferences in criminal trials.
Civil Procedure: Commentary, Faust Rossi
Civil Procedure: Commentary, Faust Rossi
Cornell Law Faculty Publications
No abstract provided.
Psycholegal Research: Past And Present, Wallace D. Loh
Psycholegal Research: Past And Present, Wallace D. Loh
Michigan Law Review
A Review of The Psychology of Eyewitness Testimony by A. Daniel Yarmey, and Eyewitness Testimony by Elizabeth F. Loftus, and Social Psychology in Court by Michael J. Saks and Reid Hastie, and The Criminal Justice System and Its Psychology by Alfred Cohn and Roy Udolf
Cross-Examination Of An Expert Witness., C.L. Mike Schmidt
Cross-Examination Of An Expert Witness., C.L. Mike Schmidt
St. Mary's Law Journal
Abstract Forthcoming.
Selected Evidence Problems In Illinois Will Contests, Joachim J. Brown
Selected Evidence Problems In Illinois Will Contests, Joachim J. Brown
Loyola University Chicago Law Journal
No abstract provided.
Current Format Of The Code Of Professional Responsibility Should Be Amended, Not Abandoned, To Accomodate The Need For Change, Alexander Unkovic
Current Format Of The Code Of Professional Responsibility Should Be Amended, Not Abandoned, To Accomodate The Need For Change, Alexander Unkovic
Villanova Law Review (1956 - )
No abstract provided.
Constitutional Law, Various Editors
Constitutional Law, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
The Proposed Revisions Of The Code Of Professional Responsibility: Solving The Crisis Of Professionalism, Or Legitimating The Status Quo, Mary Joe Frug
Villanova Law Review (1956 - )
No abstract provided.
In Support Of The Proposed Model Rules Of Professional Conduct, Robert B. Mckay
In Support Of The Proposed Model Rules Of Professional Conduct, Robert B. Mckay
Villanova Law Review (1956 - )
No abstract provided.
Legal Ethics: Ideas In Conflict - Editor's Preface, Doris Del Tosto
Legal Ethics: Ideas In Conflict - Editor's Preface, Doris Del Tosto
Villanova Law Review (1956 - )
No abstract provided.
The Admissibility Of Hypnotically Induced Recollection, R. Eberley Davis
The Admissibility Of Hypnotically Induced Recollection, R. Eberley Davis
Kentucky Law Journal
No abstract provided.
The Ohio Rules Of Evidence: Part Iii, Paul C. Giannelli
The Ohio Rules Of Evidence: Part Iii, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Ohio Rules Of Evidence: Part V, Paul C. Giannelli
The Ohio Rules Of Evidence: Part V, Paul C. Giannelli
Faculty Publications
No abstract provided.
Current Controversies Concerning Witness Immunity In The Federal Courts, Jane Duffy
Current Controversies Concerning Witness Immunity In The Federal Courts, Jane Duffy
Villanova Law Review (1956 - )
No abstract provided.
Criminal Procedure, Various Editors
Criminal Procedure, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
The Psychotherapist - Patient Privilege In Child Placement: A Relevancy Analysis, Thomas F. Guernsey
The Psychotherapist - Patient Privilege In Child Placement: A Relevancy Analysis, Thomas F. Guernsey
Villanova Law Review (1956 - )
No abstract provided.
Revision, Not Rejection, Is The Way To Modernize The Code Of Professional Responsibility, Allen B. Zerfoss
Revision, Not Rejection, Is The Way To Modernize The Code Of Professional Responsibility, Allen B. Zerfoss
Villanova Law Review (1956 - )
No abstract provided.
Symposium Proceedings, Various Editors
Symposium Proceedings, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
The Admissibility Of Expert Testimony On The Issue Of Eyewitness Identification In Criminal Trials, 2 N. Ill. U. L. Rev. 59 (1981), Edward B. Arnolds, William K. Carroll, Michael P. Seng
The Admissibility Of Expert Testimony On The Issue Of Eyewitness Identification In Criminal Trials, 2 N. Ill. U. L. Rev. 59 (1981), Edward B. Arnolds, William K. Carroll, Michael P. Seng
UIC Law Open Access Faculty Scholarship
No abstract provided.