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Articles 481 - 510 of 538
Full-Text Articles in Litigation
Post-Verdict Interviews: The Key To Understanding The Decision Behind The Verdict, 30 J. Marshall L. Rev. 507 (1997), Christine J. Iversen
Post-Verdict Interviews: The Key To Understanding The Decision Behind The Verdict, 30 J. Marshall L. Rev. 507 (1997), Christine J. Iversen
UIC Law Review
No abstract provided.
The Sixth Amendment: Protecting Defendants' Rights At The Expense Of Child Victims, 30 J. Marshall L. Rev. 767 (1997), Julie A. Anderson
The Sixth Amendment: Protecting Defendants' Rights At The Expense Of Child Victims, 30 J. Marshall L. Rev. 767 (1997), Julie A. Anderson
UIC Law Review
No abstract provided.
Section 1983 In The Second Circuit, Honorable George C. Pratt
Section 1983 In The Second Circuit, Honorable George C. Pratt
Touro Law Review
No abstract provided.
Section 1983 Litigation, Martin A. Schwartz
The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson
The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson
Cornell Law Faculty Publications
No abstract provided.
Pretrial Publicity In Criminal Cases Of National Notoriety: Constructing A Remedy For The Remediless Wrong, Robert M. Hardaway, Douglas B. Tumminello
Pretrial Publicity In Criminal Cases Of National Notoriety: Constructing A Remedy For The Remediless Wrong, Robert M. Hardaway, Douglas B. Tumminello
Sturm College of Law: Faculty Scholarship
Part I of this Article examines the history of pretrial publicity in American courts and explores the values that the Sixth Amendment seeks to protect. Part II criticizes the Supreme Court's current approach to the pretrial publicity problem. Part III analyzes case studies of nationally notorious trials. Part IV explores remedial measures reasonably calculated to nullify the effects of prejudicial publicity and cases in which a trial judge's omission of those measures constitutes reversible error. Finally, this Article concludes by setting forth a proposed standard that should be applied in order to ensure the defendant's right to a fair trial …
Defending Duii Charges, Oregon Law Institute, Clarence E. Lankins, William Uhle, Robert G. Thuemmel, John Henry Hingson Iii, Erin K. Olson, Michael H. Marcus, John Powers, Nancy L. Macklin, Douglas A. Brown, Edward Jones, Frederick Lenzser
Defending Duii Charges, Oregon Law Institute, Clarence E. Lankins, William Uhle, Robert G. Thuemmel, John Henry Hingson Iii, Erin K. Olson, Michael H. Marcus, John Powers, Nancy L. Macklin, Douglas A. Brown, Edward Jones, Frederick Lenzser
Oregon Law Institute, 1995
Course Materials from the October 6, 1995 Program in Portland
Black Rage: The Illegitimacy Of A Criminal Defense, 29 J. Marshall L. Rev. 205 (1995), Kimberly M. Copp
Black Rage: The Illegitimacy Of A Criminal Defense, 29 J. Marshall L. Rev. 205 (1995), Kimberly M. Copp
UIC Law Review
No abstract provided.
Democratic Responses To International Terrorism, Christopher L. Blakesley
Democratic Responses To International Terrorism, Christopher L. Blakesley
Scholarly Works
This volume provides a multidisciplinary study of terrorism. The editor notes at the outset the difficulty of definition: "Terrorism is not a one-dimensional problem; it transcends many frontiers: political, jurisdictional, institutional, disciplinary and methodological. So approaching the problem from only one perspective may lead to only partial understanding and an incomplete strategy for developing constructive responses” (p. 3). Note the tendency of even this careful statement to assume that terrorism is always committed by others, Also, although legal definition and consideration may be implied by the terms polical, jurisdictional, institutional and disciplinary, which are indicated as various dimensions of …
The Romance Of Revenge: An Alternative History Of Jeffrey Dahmer's Trial, Samuel R. Gross
The Romance Of Revenge: An Alternative History Of Jeffrey Dahmer's Trial, Samuel R. Gross
Articles
On Feb. 17, 1992, Jeffrey Dahmer was sentenced to fifteen consecutive terms of life imprisonment for killing and dismembering fifteen young men and boys. Dahmer had been arrested six months earlier, on July 22, 1991. On Jan. 13 he pled guilty to the fifteen murder counts against him, leaving open only the issue of his sanity. Jury selection began two weeks later, and the trial proper started on Jan. 30. The jury heard two weeks of horrifying testimony about murder, mutilation and necrophilia; they deliberated for five hours before finding that Dahmer was sane when he committed thos crimes. After …
Rape And The Requirement Of Force: Is There Hope For Pennsylvania After Pennsylvania V. Berkowitz?, Crystal S. Deese
Rape And The Requirement Of Force: Is There Hope For Pennsylvania After Pennsylvania V. Berkowitz?, Crystal S. Deese
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Intellectual Coherence In An Evidence Code, Paul F. Rothstein
Intellectual Coherence In An Evidence Code, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
The Federal Rules of Evidence (Federal Rules or Rules) were created in large part to promote uniformity and predictability in federal trials by providing a relatively instructive guide for judges and lawyers concerning the admissibility of evidence. As with any codification, success in this respect requires, among other things, that there be a considerable degree of intellectual coherence among the code's various provisions. The Federal Rules fall short of intellectual coherence in a number of areas. They contain contradictory and inconsistent mandates that do not make theoretical sense and therefore accord the trial judge almost unlimited discretion in these areas. …
Section 1983 Litigation, Martin A. Schwartz
Preserving A Community Voice: The Case For Half-And-Half Juries In Racially-Charged Criminal Cases, 28 J. Marshall L. Rev. 1 (1994), Daniel W. Van Ness
Preserving A Community Voice: The Case For Half-And-Half Juries In Racially-Charged Criminal Cases, 28 J. Marshall L. Rev. 1 (1994), Daniel W. Van Ness
UIC Law Review
No abstract provided.
Judicial Forging Of A Political Weapon: The Impact Of The Cold War On The Law Of Contempt, 27 J. Marshall L. Rev. 3 (1993), Melvin B. Lewis
Judicial Forging Of A Political Weapon: The Impact Of The Cold War On The Law Of Contempt, 27 J. Marshall L. Rev. 3 (1993), Melvin B. Lewis
UIC Law Review
No abstract provided.
Challenging Solicitation Statues As Unconstitutional: Appellate Brief In Support Of Defendant-Appellant In Ypsilanti V. Patterson, Lore A. Rogers
Challenging Solicitation Statues As Unconstitutional: Appellate Brief In Support Of Defendant-Appellant In Ypsilanti V. Patterson, Lore A. Rogers
Michigan Journal of Gender & Law
Appellate Brief in Support of Defendant-Appellant in Ypsilanti v. Patterson
Civil Forfeiture Of Property For Drug Offenders Under Illinois And Federal Statute: Zero Tolerance, Zero Exceptions, 25 J. Marshall L. Rev. 389 (1992), T. J. Hiles
UIC Law Review
No abstract provided.
A First Amendment-Sixth Amendment Dilemma: Manuel Noriega Pushes The American Judicial System To The Outer Limits Of The First Amendment, 25 J. Marshall L. Rev. 563 (1992), Lance R. Peterson
A First Amendment-Sixth Amendment Dilemma: Manuel Noriega Pushes The American Judicial System To The Outer Limits Of The First Amendment, 25 J. Marshall L. Rev. 563 (1992), Lance R. Peterson
UIC Law Review
No abstract provided.
International Judicial Assistance, Christopher L. Blakesley
International Judicial Assistance, Christopher L. Blakesley
Scholarly Works
The general or even specialized practitioner faces serious difficulties as the world shrinks and the practice of law frequently transcends international boundaries. In the civil and commercial arena, issues of discovery and service of documents abroad, others relating to judicial assistance from foreign courts, available to American courts or individual litigants, and assistance available from American courts for foreign governments and individual litigants, can be mindboggling. In an age where transnational litigation (that is, domestic litigation that touches upon one or more foreign jurisdictions) is rapidly increasing, counsel could be guilty of malpractice if counsel takes action abroad that proves …
Videotaped Reenactments In Civil Trials: Protecting Probative Evidence From The Trial Judge's Unbridled Discretion, 24 J. Marshall L. Rev. 433 (1991), Elizabeth A. Savage
Videotaped Reenactments In Civil Trials: Protecting Probative Evidence From The Trial Judge's Unbridled Discretion, 24 J. Marshall L. Rev. 433 (1991), Elizabeth A. Savage
UIC Law Review
No abstract provided.
The Pattern Of Racketeering Element Of Rico Liability, Committee On Federal Courts Of The New York State Bar Association
The Pattern Of Racketeering Element Of Rico Liability, Committee On Federal Courts Of The New York State Bar Association
Touro Law Review
No abstract provided.
Evening The Odds In Civil Litigation:A Proposed Methodology For Using Adverse Inferences When Nonparty Witnesses Invoke The Fifth Amendment, Charles H. Rabon, Jr.
Evening The Odds In Civil Litigation:A Proposed Methodology For Using Adverse Inferences When Nonparty Witnesses Invoke The Fifth Amendment, Charles H. Rabon, Jr.
Vanderbilt Law Review
A nonparty witness who responds to questioning by invoking the privilege against self-incrimination seriously can impair the party against whom the response suggests an unfavorable answer. The possible injury to a party's case is greatest when the invocation occurs unexpectedly at trial, but may cause equal damage when the privilege is relied on during discovery because the deposition of an unavailable witness may be read to the jury. In the past, courts and commentators generally opposed allowing such invocations in the jury's presence based on the belief that invocations lack credible evidentiary value because witnesses can invoke validly for a …
Equivalent Deterrence: A Proposed Alternative To The Exclusionary Rule In Criminal Proceedings, Robert M. Hardaway
Equivalent Deterrence: A Proposed Alternative To The Exclusionary Rule In Criminal Proceedings, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
Perhaps no other area of American jurisprudence is as controversial as the exclusionary rule. Rejected by all other civilized countries2 and held in contempt by much of the American public, the rule reached its zenith during the Warren Court, only to be chipped away a little at a time by the Burger Court. Indeed, if the rule is ever to die, it seems destined to go out with a whimper rather than a bang. . .
Balancing The Right To Confrontation And The Need To Protect Child Sexual Abuse Victims: Are Statutes Authorizing Televised Testimony Serving Their Purpose?, Kimberley Seals Bressler
Balancing The Right To Confrontation And The Need To Protect Child Sexual Abuse Victims: Are Statutes Authorizing Televised Testimony Serving Their Purpose?, Kimberley Seals Bressler
Seattle University Law Review
This Comment begins by providing a brief outline of the procedures regulating the use of televised testimony. Next, against the larger backdrop of the history of the right to confrontation, Part III addresses the treatment of televised testimony as hearsay. This section presents a recent Maryland decision as an illustration of the undesirable analogy of televised testimony to hearsay that leads to a more difficult admission standard. Part III concludes with the argument that televised testimony is the functional equivalent of in-court testimony, and thus, a hearsay analysis is inappropriate. Part IV of this Comment presents a recent Supreme Court …
Twist And Shout And Truth Will Out: An Argument For The Adoption Of A "Safety-Valve" Exception To The Washington Hearsay Rule, George R. Nock
Twist And Shout And Truth Will Out: An Argument For The Adoption Of A "Safety-Valve" Exception To The Washington Hearsay Rule, George R. Nock
Seattle University Law Review
This Article will focus on two decisions of the Washington Supreme Court illustrating the unfortunate expansion of certain hearsay exceptions in order to accommodate truth, show that the expansion could have been avoided had Washington adopted a "general" exception comparable to that found in the Federal Rules of Evidence, and propose the adoption of an exception shorn of the defects of the rejected federal version.
Rock V. Arkansas: Hypnosis And The Prejudice Rule - Your Memories May Not Be Your Own, 21 J. Marshall L. Rev. 409 (1988), Gail Downer Zwemke
Rock V. Arkansas: Hypnosis And The Prejudice Rule - Your Memories May Not Be Your Own, 21 J. Marshall L. Rev. 409 (1988), Gail Downer Zwemke
UIC Law Review
No abstract provided.
The New Illinois Videotape Statute In Child Sexual Abuse Cases: Reconciling The Defendant's Constitutional Rights With The State's Interest In Prosecuting Defenders, 22 J. Marshall L. Rev. 331 (1988), Denise C. Hockley-Cann
The New Illinois Videotape Statute In Child Sexual Abuse Cases: Reconciling The Defendant's Constitutional Rights With The State's Interest In Prosecuting Defenders, 22 J. Marshall L. Rev. 331 (1988), Denise C. Hockley-Cann
UIC Law Review
No abstract provided.
Foreword: Mail Fraud After Mcnally And Carpenter: The Essence Of Fraud, Craig M. Bradley
Foreword: Mail Fraud After Mcnally And Carpenter: The Essence Of Fraud, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
An Analysis Of Public Attitudes Toward The Insanity Defense, Valerie P. Hans
An Analysis Of Public Attitudes Toward The Insanity Defense, Valerie P. Hans
Cornell Law Faculty Publications
Results from a public opinion survey of knowledge, attitudes, and support for the insanity defense indicate that people dislike the insanity defense for both retributive and utilitarian reasons: they want insane law-breakers punished, and they believe that insanity defense procedures fail to protect the public. However, people vastly overestimate the use and success of the insanity plea. Several attitudinal and demographic variables that other researchers have found to be associated with people's support for the death penalty and perceptions of criminal sentencing are also related to support for the insanity defense. Implications for public policy are discussed.
Public Opinion Of Forensic Psychiatry Following The Hinckley Verdict, Dan Slater, Valerie P. Hans
Public Opinion Of Forensic Psychiatry Following The Hinckley Verdict, Dan Slater, Valerie P. Hans
Cornell Law Faculty Publications
The authors obtained opinions of forensic psychiatry in a community survey following the not guilty by reason of insanity verdict in the Hinckley trial. A majority of respondents expressed little or no confidence in the specific psychiatric testimony in the Hinckley trial and only modest faith in the general ability of psychiatrists to determine legal insanity. Respondents' general and specific attitudes were strongly related. Younger people and women were more positive in their views of psychiatry in the courtroom.