Implicit Bias In The Courtroom,
2012
UC Hastings College of the Law
Implicit Bias In The Courtroom, David L. Faigman, Jerry Kang, Mark W. Bennett, Devon W. Carbado, Pamela Casey, Nilanjana Dasgupta, Rachel D. Godsil, Anthony G. Greenwarld, Justin D. Levinson, Jennifer Mnookin
Faculty Scholarship
No abstract provided.
A Pennsylvania Road Construction Project Completed: The Attorney-Client Privilege In Pennsylvania Clarified As A Two-Way Street In Gillard V. Aig Insurance Co.,
2012
Villanova University Charles Widger School of Law
A Pennsylvania Road Construction Project Completed: The Attorney-Client Privilege In Pennsylvania Clarified As A Two-Way Street In Gillard V. Aig Insurance Co., Andrew Hubley
Villanova Law Review (1956 - )
No abstract provided.
King Arthur Confronts Twiqy Pleading,
2012
University of Michigan Law School
King Arthur Confronts Twiqy Pleading, Edward H. Cooper
Articles
Rule 25 of the 1912 Equity Rules stated that "it shall be sufficient that a bill in equity shall contain ... a short and simple statement of the ultimate facts upon which the plaintiff asks relief, omitting any mere statement of evidence." Not mere conclusions, not evidence, but "ultimate facts." And, at that, not facts "constituting the cause of action." The bare words of Rule 25 could mean something quite different to a twenty-first-century audience than they meant to a twentieth-century audience. But they may serve as a foil to the challenge framed by the Supreme Court in Bell Atlantic …
Shaken Baby Syndrome, Abusive Head Trauma, And Actual Innocence: Getting It Right,
2012
University of Wisconsin Law School
Shaken Baby Syndrome, Abusive Head Trauma, And Actual Innocence: Getting It Right, Keith A. Findley, Patrick D. Barnes, David A. Moran, Waney Squier
Articles
In the past decade, the existence of shaken baby syndrome (SBS) has been called into serious question by biomechanical studies, the medical and legal literature, and the media. As a result of these questions, SBS has been renamed abusive head trauma (AHT). This is, however, primarily a terminological shift: like SBS, AHT refers to the two-part hypothesis that one can reliably diagnose shaking or abuse from three internal findings (subdural hemorrhage, retinal hemorrhage, and encephalopathy) and that one can identify the perpetrator based on the onset of symptoms. Over the past decade, we have learned that this hypothesis fits poorly …
Who Said The Crawford Revolution Would Be Easy?,
2012
University of Michigan Law School
Who Said The Crawford Revolution Would Be Easy?, Richard D. Friedman
Articles
One of the central protections of our system of criminal justice is the right of the accused in all criminal prosecutions "to be confronted with the witnesses against him." It provides assurance that prosecution witnesses will give their testimony in the way demanded for centuries by Anglo-American courts-in the presence of the accused, subject to cross-examination- rather than in any other way. Witnesses may not, for example, testify by speaking privately to governmental agents in a police station or in their living rooms. Since shortly after it was adopted, however, the confrontation right became obscured by the ascendance of a …
Confrontation And Forensic Laboratory Reports, Round Four,
2012
University of Michigan Law School
Confrontation And Forensic Laboratory Reports, Round Four, Richard D. Friedman
Articles
Crawford v. Washington radically transformed the doctrine governing the Confrontation Clause of the Sixth Amendment to the Constitution. Before Crawford, a prosecutor could introduce against an accused evidence of a hearsay statement, even one made in contemplation that it would be used in prosecution, so long as the statement fit within a "firmly rooted" hearsay exception or the court otherwise determined that the statement was sufficiently reliable to warrant admissibility. Crawford recognized that the Clause is a procedural guarantee, governing the manner in which prosecution witnesses give their testimony. Therefore, a prosecutor may not introduce a statement that is testimonial …
Party's Over: Admissibility Of Post-Trial Juror Testimony Should Depend On The Nature Of The Conduct,
2012
University of Michigan Law School
Party's Over: Admissibility Of Post-Trial Juror Testimony Should Depend On The Nature Of The Conduct, Justin Gillett
University of Michigan Journal of Law Reform Caveat
What do you call a weeklong period in which you and a handful of acquaintances drink alcohol every day at lunch, sleep though the afternoons, smoke marijuana and ingest a couple lines of cocaine on occasion? You call it the time when a jury convicted Anthony Tanner and William Conover of conspiracy to defraud the United States and commit various acts of mail fraud. Under a current rule of evidence, which precludes juror testimony to impeach a verdict except on extraneous prejudicial information, juror intoxication is not an external influence about which jurors may testify. A new test for the …
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Mary’S Friend,
2012
American University Washington College of Law
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Mary’S Friend, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Research Reports & White Papers
focusing on female youth age 10-13
The Return Of “Voodoo Information”: A Call To Resist A Heightened Authentication Standard For Evidence Derived From Social Networking Websites,
2012
The Catholic University of America, Columbus School of Law
The Return Of “Voodoo Information”: A Call To Resist A Heightened Authentication Standard For Evidence Derived From Social Networking Websites, Richard Fox
Catholic University Law Review
No abstract provided.
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Sheila’S Dilemma,
2012
American University Washington College of Law
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Sheila’S Dilemma, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Research Reports & White Papers
focusing on female youth age 14-18
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Carol’S Question,
2012
American University Washington College of Law
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Carol’S Question, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Research Reports & White Papers
focusing on sexual minority youth
Check In On Your Privacy,
2012
Seton Hall Law
Manson And Its Progeny: An Empirical Analysis Of American Eyewitness Law,
2012
University of Arkansas at Little Rock
Manson And Its Progeny: An Empirical Analysis Of American Eyewitness Law, Nicholas A. Kahn-Fogel
Law Faculty Scholarship
Since the Supreme Court established the current constitutional framework for determining the admissibility of eyewitness identification evidence in Manson v. Brathwaite in 1977, scientists and scholars who have evaluated the opinion have uniformly criticized it as insufficient to deter police from using flawed identification procedures and inconsistent with scientific evidence of the best ways to assess the reliability of evidence tainted by such procedures. Until now, however, the work of these scientists and scholars has been based primarily on simulation experiments and on a selective assortment of easily criticized judicial decisions applying Manson. This study provides the first systematic analysis …
Georgia's New Evidence Code - An Overview,
2012
Georgia State University College of Law
Georgia's New Evidence Code - An Overview, Paul S. Milich
Faculty Publications By Year
No abstract provided.
The International Court Of Justice's Treatment Of Circumstantial Evidence And Adverse Inferences,
2012
Case Western Reserve University - School of Law
The International Court Of Justice's Treatment Of Circumstantial Evidence And Adverse Inferences, Michael P. Scharf, Marqaux Day
Faculty Publications
This Article examines a vexing evidentiary question with which the International Court of Justice has struggled in several cases, namely: What should the Court do when one of the parties has exclusive access to critical evidence and refuses to produce it for security or other reasons? In its first case, Corfu Channel, the Court decided to apply liberal inferences of fact against the non-producing party, but in the more recent Crime of Genocide case, the Court declined to do so under seemingly similar circumstances. By carefully examining the treatment of evidence exclusively accessible by one party in these and other …
Electronic Evidence In Canada,
2012
Dalhousie University Schulich School of Law
Electronic Evidence In Canada, Robert Currie, Steve Coughlan
Articles, Book Chapters, & Popular Press
This chapter discusses the issues surrounding electronic evidence in Canada. Topics discussed include the best evidence rule, electronic signatures, web-based evidence, and video-tape and security camera evidence. In addition rules around protection of privacy, discovery, and confidentiality are pursued. Finally the chapter also considers the many issues which arise around gathering electronic evidence in the criminal context, including wiretaps, general warrants, and searches of computers and cell phones.
Book Review: 'E-Discovery In Canada' By Todd J. Burke, Kelly Friedman, Andrew J. Mccreary, James Morton, Susan Nickle, Vincenzo Rondinelli, Glenn Smith, James Swanson & Susan Wortzman,
2012
Dalhousie University Schulich School of Law
Book Review: 'E-Discovery In Canada' By Todd J. Burke, Kelly Friedman, Andrew J. Mccreary, James Morton, Susan Nickle, Vincenzo Rondinelli, Glenn Smith, James Swanson & Susan Wortzman, Robert Currie
Articles, Book Chapters, & Popular Press
It is not hyperbolic to say that the proliferation of electronically stored information (ESI) is probably the most prominent change-harbinger and potential havoc-wreaker in civil litigation today — second only, perhaps, to the spiralling costs of litigation itself. Indeed, the practical and legal difficulties associated with the storage, gathering, preservation, disclosure and evidentiary use of ESI have the potential to act as a Trojan Horse, causing what would previously have been ordinary cases to implode under their weight. Increasing recognition of this is evident; electronic discovery (e-discovery) cases have begun to emerge in the reports, a successful co-operative effort by …
The “Ensuing Loss” Clause In Insurance Policies: The Forgotten And Misunderstood Antidote To Anti-Concurrent Causation Exclusions,
2012
Penn State Law
The “Ensuing Loss” Clause In Insurance Policies: The Forgotten And Misunderstood Antidote To Anti-Concurrent Causation Exclusions, Chris French
Faculty Scholarship
As a result of the 1906 earthquake and fire in San Francisco which destroyed the city, a clause known as the “ensuing loss” clause was created to address concurrent causation situations in which a loss follows both a covered peril and an excluded peril. Ensuing loss clauses appear in the exclusions section of such policies and in essence they provide that coverage for a loss caused by an excluded peril is nonetheless covered if the loss “ensues” from a covered peril. Today, ensuing loss clauses are found in “all risk” property and homeowners policies, which cover all losses except for …
Facebook, Twitter, And The Uncertain Future Of Present Sense Impressions,
2012
William & Mary Law School
Facebook, Twitter, And The Uncertain Future Of Present Sense Impressions, Jeffrey Bellin
Faculty Publications
The intricate legal framework governing the admission of out-of-court statements in American trials is premised on increasingly outdated communication norms. Nowhere is this more apparent than with the hearsay exception for “present sense impressions.” Changing communication practices typified by interactions on social media websites like Facebook and Twitter herald the arrival of a previously uncontemplated—and uniquely unreliable—breed of present sense impressions. This Article contends that the indiscriminate admission of these electronic present sense impressions (e-PSIs) is both normatively undesirable and inconsistent with the traditional rationale for the present sense impression exception. It proposes a reform to the exception that would …
The Virginia Rules Of Evidence,
2012
University of Richmond
The Virginia Rules Of Evidence, Ronald J. Bacigal
Richmond Public Interest Law Review
Despite the Supreme Court's rejection of the proposed Code of Evidence, the Boyd-Graves Conference continued its efforts to create such a code. In 1997, the Boyd-Graves Conference published "A Guide to Evidence in Virginia." Unlike the previously proposed rules of evidence, this guide merely stated the current Virginia law on evidence, and did not recommend adoption of any changes to existing law. The Guide's approach of disdaining any proposed changes,"while creating "a single, organized body of principles for the convenience of judges and practitioners alike," ultimately overcame objections from most of those who had opposed an evidence code. The Guide …
