What Will We Lose If The Trial Vanishes?,
2011
Northwestern University School of Law
What Will We Lose If The Trial Vanishes?, Robert P. Burns
Faculty Working Papers
The number of trials continues to decline andfederal civil trials have almost completely disappeared. This essay attempts to address the significance of this loss, to answer the obvious question, "So what?" It argues against taking a resigned or complacent attitude toward an important problem for our public culture. It presents a short description of the trial's internal structure, recounts different sorts of explanations, and offers an inventory of the kinds of wounds this development would inflict.
Moral Character, Motive, And The Psychology Of Blame,
2011
Northwestern University School of Law
Moral Character, Motive, And The Psychology Of Blame, Janice Nadler, Mary-Hunter Morris Mcdonnell
Faculty Working Papers
Blameworthiness, in the criminal law context, is conceived as the carefully calculated end product of discrete judgments about a transgressor's intentionality, causal proximity to harm, and the harm's foreseeability. Research in social psychology, on the other hand, suggests that blaming is often intuitive and automatic, driven by a natural impulsive desire to express and defend social values and expectations. The motivational processes that underlie psychological blame suggest that judgments of legal blame are influenced by factors the law does not always explicitly recognize or encourage. In this Article we focus on two highly related motivational processes – the desire to …
If The Shoe Fits They Might Acquit: The Value Of Forensic Science Testimony,
2011
Northwestern University School of Law
If The Shoe Fits They Might Acquit: The Value Of Forensic Science Testimony, Jonathan Koehler
Faculty Working Papers
The probative value of forensic science evidence (such as a shoeprint) varies widely depending on how the evidence and hypothesis of interest is characterized. This paper uses a likelihood ratio (LR) approach to identify the probative value of forensic science evidence. It argues that the "evidence" component should be characterized as a "reported match," and that the hypothesis component should be characterized as "the matching person or object is the source of the crime scene sample." This characterization of the LR forces examiners to incorporate risks from sample mix-ups and examiner error into their match statistics. But how will legal …
Proficiency Tests To Estimate Error Rates In The Forensic Sciences,
2011
Northwestern University School of Law
Proficiency Tests To Estimate Error Rates In The Forensic Sciences, Jonathan Koehler
Faculty Working Papers
A proficiency test is an assessment of the performance of laboratory personnel using samples whose sources are known to the proficiency test administrator but unknown to the examinee. Proficiency tests can help identify reasonable first pass estimates for the rates at which various types of errors occur. It is crucial to obtain error rate estimates because the reliability and probative value of forensic science evidence is inextricably linked to the rates at which examiners make errors. Without such information, legal decision makers have no scientifically meaningful way of thinking about the risk of false identification and false non-identification associated with …
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: Jury Dynamics, Juror Confusion, And Juror Responsibility,
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: Jury Dynamics, Juror Confusion, And Juror Responsibility, Eric R. Carpenter
Faculty Publications
No abstract provided.
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.
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 …
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.
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 …
Voluntary Client Testimony As A Privilege Waiver: Is Ohio's Law Caught In A Time Warp,
2011
Cleveland State University
Voluntary Client Testimony As A Privilege Waiver: Is Ohio's Law Caught In A Time Warp, David B. Alden, Matthew P. Silverstein
Cleveland State Law Review
The question of whether Ohio should retain the waiver through voluntary testimony rule-assuming that is the current rule-is neither close nor difficult. The relevant statute dates back to the middle of the nineteenth century when Ohio enacted its first code of civil procedure, and if it in fact leads to a waiver, has been substantively unchanged in the intervening one hundred fifty plus years. The rule undermines the policies the attorney-client privilege was designed to further, and the policy on which the rule apparently was based-preventing perjured testimony-no longer has the primacy it did in the mid-nineteenth century and, in …
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.
