Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead,
2011
University of Richmond
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Ian Lambeets
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present its first issue of the 2011-2012 academic year. The Journal strives to discuss new and emerging issues that fall squarely at the intersection of technology and the law. Another year goes by and technology continues to advance, and not surprisingly, further immerses itself into our daily lives. The Journal believes it is our mission to recognize the practical effects the growth of technology has on society and to promote a relevant and timely discussion on these topics.
Law In The Age Of Exabytes: Some Further Thoughts On ‘Information Inflation’ And Current Issues In E-Discovery Search,
2011
University of Richmond
Law In The Age Of Exabytes: Some Further Thoughts On ‘Information Inflation’ And Current Issues In E-Discovery Search, Jason R. Baron
Richmond Journal of Law & Technology
In 2007, in the pages of this Journal, George L. Paul and I posed a question to the legal profession at large, to wit: can the legal system adapt to the new reality of an era of rapid inflation in the amount of electronically stored information (ESI) at issue in civil litigation? After surveying the history of technological innovation that led to an explosion of new data, we proceeded to discuss various legal strategies for success in our current inflationary epoch. These strategies included: consideration of new and emerging ways in which to think about search and information retrieval in …
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 …
An Overview Of Small Scale Digital Forensics,
2011
Eastern Michigan University
An Overview Of Small Scale Digital Forensics, Susan Fowler
Senior Honors Theses and Projects
No abstract provided.
Regulating The Science Of Forensic Evidence: A Broken System Requires A New Federal Agency,
2011
Georgia State University College of Law
Regulating The Science Of Forensic Evidence: A Broken System Requires A New Federal Agency, Jessica D. Gabel, Ashley D. Champion
Faculty Publications By Year
Professor Gabel and Ms. Champion agree with Mr. Goldstein's argument that serious validity and reliability problems plague forensic science, but, using the recent Troy Davis case in Georgia as an illustration, they argue for federal rather than state oversight. Gabel and Champion assert that many states lack the funding to construct an adequate system and that the fragmentation caused by different state systems would be a significant impediment to reform. They suggest a federal agency that, like the Environmental Protection Agency, would set minimum standards but allow states to experiment with enhanced regulation.
The Admissibility Of Eyewitness-Identification Expert Testimony In Oklahoma,
2011
University of Oklahoma College of Law
The Admissibility Of Eyewitness-Identification Expert Testimony In Oklahoma, Sean S. Hunt
Oklahoma Law Review
No abstract provided.
Who Must Testify To The Results Of A Forensic Laboratory Test? Bullcoming V. New Mexico,
2011
University of Michigan Law School
Who Must Testify To The Results Of A Forensic Laboratory Test? Bullcoming V. New Mexico, Richard D. Friedman
Articles
Does the Confrontation Clause permit the prosecution to introduce a forensic laboratory report through the in-court testimony of a supervisor or other person who did not perform or observe the reported test?
Spare The Rod, Spoil The Litigator? The Varying Degrees Of Culpability Required For An Adverse Inference Sanction Regarding Spoliation Of Electronic Discovery,
2011
University of Kentucky
Spare The Rod, Spoil The Litigator? The Varying Degrees Of Culpability Required For An Adverse Inference Sanction Regarding Spoliation Of Electronic Discovery, Lauren R. Nichols
Kentucky Law Journal
No abstract provided.
The Sky Is Not Falling: How The Anticlimactic Application Of Melendez-Diaz V. Massachusetts To Oklahoma's Laboratory Report Procedures Allows Room For Improvement,
2011
University of Oklahoma College of Law
The Sky Is Not Falling: How The Anticlimactic Application Of Melendez-Diaz V. Massachusetts To Oklahoma's Laboratory Report Procedures Allows Room For Improvement, Danae Vansickle Grace
Oklahoma Law Review
No abstract provided.
Evidence - Privilege Law - How Arkansas's New Rule Of Evidence Codifies "Selective Waiver" Of The Attorney-Client Privilege And Work-Product Protection And An Argument For A More Moderate Approach,
2011
University of Arkansas at Little Rock William H. Bowen School of Law
Evidence - Privilege Law - How Arkansas's New Rule Of Evidence Codifies "Selective Waiver" Of The Attorney-Client Privilege And Work-Product Protection And An Argument For A More Moderate Approach, Jonathan D. Mcfadden
University of Arkansas at Little Rock Law Review
No abstract provided.
Suicide Causation Experts In Teen Wrongful Death Claims: Will They Assist The Trier Of Fact?, 45 J. Marshall L. Rev. 51 (2011),
2011
UIC School of Law
Suicide Causation Experts In Teen Wrongful Death Claims: Will They Assist The Trier Of Fact?, 45 J. Marshall L. Rev. 51 (2011), Andrea Maciver
UIC Law Review
No abstract provided.
Book Review Of Fact Finding Without Facts: The Uncertain Evidentiary Foundations Of International Criminal Convictions,
2011
William & Mary Law School
Book Review Of Fact Finding Without Facts: The Uncertain Evidentiary Foundations Of International Criminal Convictions, Linda A. Malone
Faculty Publications
No abstract provided.
Section 1983 & The Age Of Innocence: The Supreme Court Carves A Procedural Loophole For Post-Conviction Dna Testing In Skinner V. Switzer,
2011
American University Washington College of Law
Section 1983 & The Age Of Innocence: The Supreme Court Carves A Procedural Loophole For Post-Conviction Dna Testing In Skinner V. Switzer, Gabriel A. Carrera
American University Law Review
No abstract provided.
Smooth Courtroom Moves: The "Exhibit Dance",
2011
University of Washington School of Law
Smooth Courtroom Moves: The "Exhibit Dance", Maureen A. Howard
Articles
Current court rules often require parties to identify proposed exhibits in advance of trial, as well as objections to the other side’s evidence, so the judge can make pretrial rulings on admissibility issues (e.g., FRCP 26). This practice saves precious trial time, minimizes the time that jurors are banished during sidebar discussions between judge and counsel, eliminates in large measure surprises about how the evidence will shape up at trial, and arguably promotes settlement. It also allows the exhibits to be pre-marked for identification, further streamlining the trial process.
Nonetheless, trial lawyers still need to be able to lay hands …
Spoliation Of Electronic Evidence: Sanctions Versus Advocacy,
2011
University of Tulsa College of Law
Spoliation Of Electronic Evidence: Sanctions Versus Advocacy, Charles Adams
Articles, Chapters in Books and Other Contributions to Scholarly Works
This Article proposes that courts should refrain from imposing adverse inference jury instructions as sanctions for the spoliation of evidence. This proposal bears some similarity to the approach taken twenty years ago by the 1993 amendments to Rule 11, which constrained courts' ability to sanction. Instead of imposing an adverse jury instruction as a sanction for spoliation of evidence, courts should allow evidence of spoliation to be admitted at trial if a reasonable jury could find that spoliation had occurred and if the spoliation was relevant to a material issue. If a court allows the introduction of evidence of spoliation …
Life, Death, And Neuroimaging: The Advantages And Disadvantages Of The Defense's Use Of Neuroimages In Capital Cases - Lessons From The Front,
2011
Cornell Law School
Life, Death, And Neuroimaging: The Advantages And Disadvantages Of The Defense's Use Of Neuroimages In Capital Cases - Lessons From The Front, John H. Blume, Emily C. Paavola
Cornell Law Faculty Publications
The use of neuroimaging in capital cases has become increasingly common. An informal survey of cases produced over one hundred opinions from reported decisions alone discussing the use of computed tomography (CT) scanning, magnetic resonance imaging (MRI), functional MRI, positron emission tomography (PET) scans, single-photon emission computed tomography (SPECT) scans, and similar technology in capital cases. This article gives practical advice to defense counsel considering the use of neuroimaging in a capital case. We discuss how, in the right case, this technology can be a valuable investigative tool used to produce an important component of a successful mitigation story. However, …
Federal Rule Of Evidence 502: Has It Lived Up To Its Potential?,
2011
Duke Law School
Federal Rule Of Evidence 502: Has It Lived Up To Its Potential?, Paul W. Grimm, Lisa Yurwit Bergstrom, Matthew P. Kraeuter
Faculty Scholarship
No abstract provided.
The Amended Attorney-Client Privilege In Oklahoma: A Misstep In The Right Direction,
2011
University of Oklahoma College of Law
The Amended Attorney-Client Privilege In Oklahoma: A Misstep In The Right Direction, Robert A. Brown
Oklahoma Law Review
No abstract provided.
Real Rape, Too,
2011
Brooklyn Law School
Home Is Where The Crime Is,
2011
Brooklyn Law School
