Evidence Commons^™

Hearsay In High Definition: Body-Worn Cameras And The Future Of Intimate Partner Violence Prosecutions, Kenechukwu Okocha

Working Papers

Technological advances in documenting police encounters with the public have outpaced evidentiary hearsay rules. Specifically, the rapid adoption of body-worn cameras (BWCs), fueled by racial justice and police reform advocates, has produced previously unavailable, vivid, and timely recordings of IPV victims’ accounts of abuse. Unfortunately, state and federal rules governing hearsay often prevent juries from considering these out-of-court statements. Such restrictions carry particular force in IPV cases, where victims frequently recant or decline to testify at trial due to abuser manipulation or distrust of the criminal justice system.

Courts and legislatures have eased some evidentiary restrictions in IPV cases in …

An Analysis Of The Increasingly Popular Evidentiary Objection That "The Opposing Expert Has 'Cherry-Picked' The Information Supporting Their Opinion"—An Objection That Is At Once Colorful And Dangerous, Edward J. Imwinkelried

University of Cincinnati Law Review

No abstract provided.

La Preuve Du Payement, Hady Slim

Proche-Orient, Études juridiques

No abstract provided.

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.

Carvalho V. State [State Of Nevada], 142 Nev. Adv. Op. 62 (Oct. 01, 2026), April Kacura

Nevada Supreme Court Summaries

A district court violates due process when it restricts closing argument and tells the jury not to consider that someone else committed the crime, even though the evidence supports that inference.

News That Will Not Break: How The First And Fourth Amendments Can Jointly Protect The Press From Secret Government Intrusions Into Newsgathering, Julianna Margolin

Fordham Law Review

The modern constitutional and statutory framework permits the U.S. government to obtain journalists’ confidential source information and work product by secretly serving third-party service providers with subpoenas. While the First Amendment protects journalists and the Fourth Amendment guards against unreasonable government searches, new technology and the involvement of third parties complicate the balance between independent newsgathering and government access.

This Note examines reporters’ privilege jurisprudence stemming from the seminal U.S. Supreme Court decision Branzburg v. Hayes, which declined to recognize a categorical privilege. This Note also explores the subpoena power in the digital age as it converges with privacy …

The Seductive Doctrine Of Chances, Steven Goode

Cardozo Law Review

With increasing frequency, courts invoke the doctrine of chances to evade evidence law’s ban on character evidence. When, for example, an arson defendant claims he did not torch his house, a court will allow the prosecution to prove that this is the fifth time the defendant’s home has caught fire. When a murder defendant claims her infant child died of natural causes, a court will allow the prosecution to prove that six other children in her care died of similar “natural” causes. Courts say, with widespread scholarly support, that the doctrine of chances allows jurors to draw, from evidence of …

Modern Tribulations Of Modern Trials: Ai-Generated Content Of Deceased Victims At Sentencing And Family Law’S Cure From Ho’Oponopono & Restorative Justice, Ethan Michael Knoll

St. Mary's Law Journal

No abstract provided.

Sit, Stay, Overturn: How New Canine Science Is Challenging Courtroom Convictions, Kerolls Gadelrab

Georgia Criminal Law Review

Courts increasingly rely on cadaver dog evidence in criminal trials, treating canine alerts as a reliable form of forensic evidence. This naive acceptance of cadaver dog evidence, coupled with courts’ continued application of out-dated admissibility standards, threatens to perpetuate wrongful convictions in an era of rapidly advancing scientific understanding. This Article argues that courts must develop a new framework for evaluating cadaver dog evidence that incorporates modern scientific research on ca-nine olfaction and scent detection capabilities. While scholars have extensively analyzed various forensic evidence standards post-Daubert, the literature has largely over-looked how recent scientific advances in understanding ca-nine olfaction should …

Masthead

Seattle University Law Review

No abstract provided.

Table Of Contents

Seattle University Law Review

No abstract provided.

Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell

Seattle University Law Review

Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …

Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous

Seattle University Law Review

Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …

Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King

Seattle University Law Review

The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …

Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young

Seattle University Law Review

Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …

Angel Gutierrez-Zacatenco V. Rosa Herrera, 142 Nev. Adv. Op. 52 (Aug. 13, 2026), Sana Azim

Nevada Supreme Court Summaries

Incomplete medical records can be authenticated for admissibility purposes through a sufficient fact-specific demonstration of authenticity.

Disrupting Transnational Human Trafficking Networks: A Practitioner's Perspective On Intelligence-Driven, Offender-Focused Strategies, Rochelle Keyhan

Dignity: A Journal of Analysis of Exploitation and Violence

This article examines human trafficking through the lens of organized crime and explores how this perspective can be applied to contemporary trafficking cases in the United States. While trafficking is often prosecuted as an isolated criminal act, many incidents are linked to larger transnational and domestic organized crime networks. The discussion highlights the activities of notorious syndicates, including international cartels, street gangs, and well-funded networks of sex buyers, demonstrating how these entities exploit vulnerable populations for profit. Reframing human trafficking as a sector within organized crime shifts investigative and prosecutorial strategies away from victim-dependent models, which often require survivors to …

The Use And Abuse Of Hearsay In Family Law Matters, Jessica Tueller, Monica Dionisio

Other Faculty Publications

No abstract provided.

Courts, Science, And The Problem Of Accountable Knowledge: A Review Of Judicial Policy Making, Empirical Data And Scientific Evidence: Can Courts Manage The Twenty-First Century?, Rishabh Kachroo

Indian Journal of Law and Technology

This review reads Rob van Gestel, Jurgen de Poorter, and Edward L. Rubin’s edited volume titled Judicial Policy Making, Empirical Data and Scientific Evidence: Can Courts Manage the Twenty-First Century? as a timely intervention into the evidentiary and institutional demands placed on contemporary courts. It argues that the volume’s key contribution lies in treating courts as knowledge institutions and its strongest suit lies in showing the limits of judicial intuition, anecdote, and inherited legal categories in dealing with such disputes. While the volume is left wanting in its account of knowledge accountability, it would nonetheless be important for scholars of …

Expert Asymmetry: Evidence From Securities Litigation, Adam Callister, Andrew Granato, Belisa Pang

Articles

Modern litigation often involves two separate, extra-legal features: (1) contingency fee arrangements with the plaintiff-side attorney, and (2) a “battle of the experts” where the outcome of the case rests on conflicting expert witness testimony. We construct a model to illustrate that when these features occur simultaneously, in contexts where plaintiff-side attorneys bear the cost of hiring experts upfront, defendants will spend systematically more than plaintiffs on hiring expert witnesses. Our model is motivated by hand-collected data from a decade of securities class action litigation, where we show that experts polarize into almost entirely plaintiff-side versus defense-side experts, that defense-side …