Hanging On By A Thread: The Exclusionary Rule (Or What's Left Of It) Lives For Another Day,
2011
University of Michigan Law School
Hanging On By A Thread: The Exclusionary Rule (Or What's Left Of It) Lives For Another Day, David A. Moran
Articles
Back when there was a Soviet Union, foreign intelligence officers would anxiously await the May Day parade in Moscow to see who would be standing next to the chairman of the Communist Party and who would be missing from the reviewing platform altogether. Since the Soviet government and the statecontrolled press published very little about what was really going on in the halls of state power, this was considered the most reliable way to determine who was in or out of favor and, by extension, how the domestic and foreign policies of the world's second most powerful country were likely …
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?
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, …
Judicial Gatekeeping And The Seventh Amendment: How Daubert Infringes Upon The Constitutional Right To A Civil Jury Trial,
2011
William & Mary Law School
Judicial Gatekeeping And The Seventh Amendment: How Daubert Infringes Upon The Constitutional Right To A Civil Jury Trial, Brandon L. Boxler
W&M Law Student Publications
This Article begins by reviewing the history, purpose, and function of the Seventh Amendment within the American constitutional system. It then discusses the Supreme Court‘s analytical framework for preserving the fundamental features of the right to a civil jury trial while simultaneously permitting rational legal development of the jury system. Next, the Article provides a brief overview of the Court‘s Daubert jurisprudence, and argues that the creation of judicial gatekeeping has caused an institutional shift of adjudicatory authority away from juries and into the hands of judges in violation of the Seventh Amendment. The Article concludes by suggesting three legal …
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.
Home Is Where The Crime Is,
2011
Brooklyn Law School
Schultz V. Bank Of America: A Fly In The Financial Buttermilk - Clarifying The Common Knowledge Exception To Improve Litigation Efficiency And Bank Safety,
2011
University of Maryland Francis King Carey School of Law
Schultz V. Bank Of America: A Fly In The Financial Buttermilk - Clarifying The Common Knowledge Exception To Improve Litigation Efficiency And Bank Safety, Lauren M. Elfner
Maryland Law Review Online
No abstract provided.
Misinterpreted Justice: Problems With The Use Of Islamic Legal Experts In U.S. Trial Courts,
2011
New York Law School Class of 2010
Misinterpreted Justice: Problems With The Use Of Islamic Legal Experts In U.S. Trial Courts, Peter W. Beauchamp
NYLS Law Review
No abstract provided.
An Overview Of The Capital Jury Project For Military Practitioners: Aggravation, Mitigation, And Admission Defenses,
2011
Chair and Professor, Criminal Law Department, The Judge Advocate General's Legal Center and School, U.S. Army, Charlottesville, Virginia
An Overview Of The Capital Jury Project For Military Practitioners: Aggravation, Mitigation, And Admission Defenses, Eric R. Carpenter
Faculty Publications
No abstract provided.
Rule 801(D)'S Oxymoronic 'Not Hearsay' Classification: The Untold Backstory And A Suggested Amendment,
2011
Western New England University School of Law
Rule 801(D)'S Oxymoronic 'Not Hearsay' Classification: The Untold Backstory And A Suggested Amendment, Sam Stonefield
Faculty Scholarship
This Article examines Rule 801(d)’s oxymoronic treatment of admissions and prior statements as “not hearsay.” This “not hearsay” label is inaccurate – the evidence is hearsay, as defined in Rule 801(c) – and is inconsistent with the analytically important and well-established use of the term not hearsay to describe evidence that is actually not hearsay.
The Article tells the story of how the drafters of the Federal Rules of Evidence ended up with such a confused and confusing label and proposes an amendment that would classify admissions and prior statements as hearsay exceptions and place each in a new, separate, …
The Association Of Adult Businesses With Secondary Effects: Legal Doctrine Social Theory, And Empirical Evidence,
2011
Cleveland-Marshall College of Law
The Association Of Adult Businesses With Secondary Effects: Legal Doctrine Social Theory, And Empirical Evidence, Alan C. Weinstein, Richard Mccleary
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Unraveling The Exclusionary Rule: From Leon To Herring To Robinson - And Back?,
2011
Penn State Law
Unraveling The Exclusionary Rule: From Leon To Herring To Robinson - And Back?, David H. Kaye
Faculty Scholarship
The Fourth Amendment exclusionary rule began to unravel in United States v. Leon. The facts were compelling. Why exclude reliable physical evidence from trial when it was not the constable who blundered, but “a detached and neutral magistrate” who misjudged whether probable cause was present and issued a search warrant? Later cases applied the exception for “good faith” mistakes to a police officer who, pursuing a grudge against a suspect, arrested and searched him and his truck on the basis of a false and negligent report from a clerk in another county of an outstanding arrest warrant. The California Supreme …
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 …
Federal Rule Of Evidence 502: Has It Lived Up To Its Potential?,
2011
University of Richmond
Federal Rule Of Evidence 502: Has It Lived Up To Its Potential?, Paul W. Grimm, Lisa Yurwit Bergstrom, Matthew P. Kraeuter
Richmond Journal of Law & Technology
Nothing causes litigators greater anxiety than the possibility of doing, or failing to do, something during a civil case that waives attorney– client privilege or work-product protection. Attend any seminar, webcast, podcast, or other continuing legal education course dealing with the discovery of electronically stored information (“ESI”) and you are sure to hear about this concern and how to mitigate it.
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, Francis C. Oroszlan
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present the fourth issue of the 2010–2011 academic year. In this issue, we explore privacy law in the context of online social networking, online advertising and tort reform. Additionally, this issue examines mandatory disclosure of trade secrets as a component of offshore oil drilling regulation and evaluates certain criticisms levied against the Anti-Counterfeiting Trade Agreement.
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.
Abolishing State Trademark Registrations,
2011
Louisiana State University Law
Abolishing State Trademark Registrations, Lee Ann W. Lockridge
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Evidence (Routledge Handbook Of International Criminal Law),
2011
William & Mary Law School
Evidence (Routledge Handbook Of International Criminal Law), Nancy Amoury Combs
Faculty Publications
No abstract provided.
Ethical Guidance For A Grander Jury,
2011
Southern Methodist University, Dedman School of Law
Ethical Guidance For A Grander Jury, Anna Offit
Faculty Journal Articles and Book Chapters
No abstract provided.
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.
