Liar, Liar, Jury's The Trier? The Future Of Neuroscience-Based Credibility Assessment And The Court,
2012
University of Georgia School of Law
Liar, Liar, Jury's The Trier? The Future Of Neuroscience-Based Credibility Assessment And The Court, John B. Meixner Jr.
Scholarly Works
Neuroscience-based credibility-assessment tests have recently become increasingly mainstream, purportedly able to determine whether an individual is lying to a certain set of questions (the Control Question Test) or whether an individual recognizes information that only a liable person would recognize (the Concealed Information Test). Courts have hesitated to admit these tests as evidence for two primary reasons. First, following the general standard that credibility assessment is a matter solely for the trier of fact, courts exclude the evidence because it impinges on the province of the jury. Second, because these methods have not been rigorously tested in realistic scenarios, courts …
Davis V. United States: Good Faith, Retroactivity, And The Loss Of Principle,
2012
University of Maryland Francis King Carey School of Law
Davis V. United States: Good Faith, Retroactivity, And The Loss Of Principle, David Mcaloon
Maryland Law Review
No abstract provided.
The Restyled Federal Rules Of Evidence,
2012
UC Hastings College of the Law
The Restyled Federal Rules Of Evidence, Roger C. Park
Faculty Scholarship
No abstract provided.
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.
Garner V. State: Maryland’S Implied Retreat From Implied Assertions,
2012
University of Maryland Francis King Carey School of Law
Garner V. State: Maryland’S Implied Retreat From Implied Assertions, Lindsey N. Lanzendorfer
Maryland Law Review
No abstract provided.
Incriminating Thoughts,
2012
Duke Law School
Incriminating Thoughts, Nita A. Farahany
Faculty Scholarship
The neuroscience revolution poses profound challenges to current selfincrimination doctrine and exposes a deep conceptual confusion at the heart of the doctrine. In Schmerber v. California, the Court held that under the Self- Incrimination Clause of the Fifth Amendment, no person shall be compelled to “prove a charge [from] his own mouth,” but a person may be compelled to provide real or physical evidence. This testimonial/physical dichotomy has failed to achieve its intended simplifying purpose. For nearly fifty years scholars and practitioners have lamented its impracticability and its inconsistency with the underlying purpose of the privilege. This Article seeks to …
Don’T I Know You?: The Effect Of Prior Acquaintance/Familiarity On Witness Identification,
2012
Duke Law School
Don’T I Know You?: The Effect Of Prior Acquaintance/Familiarity On Witness Identification, James E. Coleman Jr., Theresa A. Newman, Neil Vidmar, Elizabeth Zoeller
Faculty Scholarship
No abstract provided.
Friends, Gangbangers, Custody Disputants, Lend Me Your Passwords,
2012
Indiana University Maurer School of Law
Friends, Gangbangers, Custody Disputants, Lend Me Your Passwords, Aviva Orenstein
Articles by Maurer Faculty
Whenever parties seek to introduce out-of-court statements, evidentiary issues of hearsay and authentication will arise. As methods of communication expand, the Rules of Evidence must necessarily keep pace. The rules remain essentially the same, but their application vary with new modes of communication. Evidence law has been very adaptable in some ways, and notoriously conservative, even stodgy, in others. Although statements on Facebook and other social media raise some interesting questions concerning the hearsay rule and its exceptions, there has been little concern about applying the hearsay doctrine to such forms of communication. By contrast, such new media have triggered …
Summary Of Reno Newspapers V. Gibbons, 125 Nev. Adv. Op. 23,
2011
Nevada Law Journal
Summary Of Reno Newspapers V. Gibbons, 125 Nev. Adv. Op. 23, Daniel M. Ryan
Nevada Supreme Court Summaries
The Court considers whether after a public records lawsuit commences, when a party requests records from a state entity, and that state entity withholds the requested records, is the requesting party entitled to a log containing a factual description of each withheld record and a legal basis for nondisclosure. Also, the Court considers what the state entity withholding records is required to provide to the requesting party in prelitigation situations.
Dancing With The Big Boys: Georgia Adopts (Most Of) The Federal Rules Of Evidence,
2011
Mercer University School of Law
Dancing With The Big Boys: Georgia Adopts (Most Of) The Federal Rules Of Evidence, David N. Dreyer, F. Beau Howard, Amy M. Leitch
Mercer Law Review
Georgia has become the forty-fourth state to model its new evidence rules on the Federal Rules of Evidence. The new code will go into effect on January 1, 2013, 150 years from when Georgia's first legal code was published. Passage of the 2013 Georgia Evidence Code did not come easy, but was a product of years of debate, compromise, and vetting from legislators, the judiciary, academia, and members and groups of the practicing bar. The new code is largely derived from the Federal Rules of Evidence, but Georgia has retained a significant amount of evidence rules from its prior code …
Evidence,
2011
Mercer University School of Law
Evidence, John E. Hall Jr., W. Scott Henwood
Mercer Law Review
The biggest story in Georgia Evidence law this year is undoubtedly the Georgia General Assembly's decision to align Georgia's evidence code with the Federal Rules of Evidence. Proponents of House Bill 24 describe the former rules, many of which have been on the books for more than 150 years, as archaic and inconsistent. Paul S. Milich, professor of law at Georgia State University College of Law and the reporter for the State Bar of Georgia committee that proposed the new rules of evidence for Georgia, described the way the outdated rules impeded the modern practice of law in Georgia: "Our …
Pleading And Proving Foreign Law In The Age Of Plausibility Pleading,
2011
University at Buffalo School of Law
Pleading And Proving Foreign Law In The Age Of Plausibility Pleading, Roger M. Michalski
Buffalo Law Review
No abstract provided.
Revisiting The Similar Fact Rule In Singapore: Public Prosecutor V. Mas Swan Bin Adnan And Another,
2011
Singapore Management University
Revisiting The Similar Fact Rule In Singapore: Public Prosecutor V. Mas Swan Bin Adnan And Another, Siyuan Chen
Research Collection Yong Pung How School Of Law
The similar fact rule in Singapore—as with the law on any evidence law doctrine that can be found in both our Evidence Act and the common law—has required clarification for some time. This note, which discusses the latest local decision on the similar fact rule, considers if that decision is compatible with the Evidence Act and the various conceptualisations underlying the doctrine.
Finding Evidence On Facebook,
2011
William & Mary Law School
The Corroborative Effect Of Lies,
2011
Singapore Management University
The Corroborative Effect Of Lies, Siyuan Chen
Research Collection Yong Pung How School Of Law
PP v Kamrul Hasan Abdul Quddus [2010] SGHC 7; Kamrul Hasan Abdul Quddus v PP [2011] SGCA 52. Overview of the case: In PP v Kamrul Hasan Abdul Quddus, the accused was charged with murder. He and the deceased had been in a tumultuous relationship, and the main evidence that connected the deceased’s death to the accused, apart from the fact that her body was found in the construction site that the accused worked at, was that DNA taken from her rectum tested positive for semen that matched his DNA.
More On The Impeachment Of Criminal Defendants,
2011
William & Mary Law School
More On The Impeachment Of Criminal Defendants, Jeffrey Bellin
Popular Media
No abstract provided.
Hiring Teams, Firms, And Lawyers: Evidence Of The Evolving Relationship In The Corporate Legal Market,
2011
University of Miami School of Law
Hiring Teams, Firms, And Lawyers: Evidence Of The Evolving Relationship In The Corporate Legal Market, Michele M. Destefano, John C. Coates, Ashish Nanda, David B. Wilkins
Articles
How are relationships between corporate clients and law firms evolving? Drawing on interview and survey data from 166 chief legal officers of S&P 500 companies from 2006-2007, we find that-contrary to standard depictions of corporate client-provider relationships-(1) large companies have relationships with ten to twenty preferred providers; (2) these relationships continue to be enduring, and (3) clients focus not only on law firm platforms and lead partners, but also on teams and departments within preferred providers, allocating work to these subunits at rival firms over time and following "star" lawyers, especially if they move as part of a team. The …
Constitutional Law—It Wasn’T Me! Zinger V. State And Arkansas’S Unconstitutional Approach To Third-Party Exculpatory Evidence. Zinger V. State, 313 Ark. 70, 852 S.W.2d 320 (1993).,
2011
University of Arkansas Little Rock
Constitutional Law—It Wasn’T Me! Zinger V. State And Arkansas’S Unconstitutional Approach To Third-Party Exculpatory Evidence. Zinger V. State, 313 Ark. 70, 852 S.W.2d 320 (1993)., Bourgon B. Reynolds
University of Arkansas at Little Rock Law Review
No abstract provided.
More On The Future Of Present Sense Impressions,
2011
William & Mary Law School
More On The Future Of Present Sense Impressions, Jeffrey Bellin
Popular Media
No abstract provided.
Brain Scans As Evidence: Truths, Proofs, Lies, And Lessons,
2011
Vanderbilt University Law School
Brain Scans As Evidence: Truths, Proofs, Lies, And Lessons, Owen D. Jones, Francis X. Shen
Vanderbilt Law School Faculty Publications
This contribution to the Brain Sciences in the Courtroom Symposium identifies and discusses issues important to admissibility determinations when courts confront brain-scan evidence. Through the vehicle of the landmark 2010 federal criminal trial U.S. v. Semrau (which considered, for the first time, the admissibility of brain scans for lie detection purposes) this article highlights critical evidentiary issues involving: 1) experimental design; 2) ecological and external validity; 3) subject compliance with researcher instructions; 4) false positives; and 5) drawing inferences about individuals from group data. The article’s lessons are broadly applicable to the new wave of neurolaw cases now being seen …
