Description And The Evidentiary Production Of Images,
2010
Yeshiva University, Cardozo School of Law
Description And The Evidentiary Production Of Images, Kyle J. Mcgee
Cardozo Law Review
No abstract provided.
Juror Testimony Of Racial Bias In Jury Deliberations:
United States V. Benally And The Obstacle Of Federal
Rule Of Evidence 606(B) ,
2010
Brigham Young University Law School
Juror Testimony Of Racial Bias In Jury Deliberations: United States V. Benally And The Obstacle Of Federal Rule Of Evidence 606(B) , Brandon C. Pond
BYU Law Review
No abstract provided.
No Longer The Right To Remain Silent: Cross-Examining Forensic Analyst Testimony,
2010
Brigham Young University Law School
No Longer The Right To Remain Silent: Cross-Examining Forensic Analyst Testimony, Casey Unwin
BYU Law Review
No abstract provided.
Documentation, Documentary, And The Law: What Should Be Made Of Victim Impact Videos?,
2010
University of Pennsylvania Law School
Documentation, Documentary, And The Law: What Should Be Made Of Victim Impact Videos?, Regina Austin
Cardozo Law Review
No abstract provided.
Law And Humor In Johnnie To's Justice, My Foot!,
2010
University of Hong Kong
Law And Humor In Johnnie To's Justice, My Foot!, Marco Wan
Cardozo Law Review
No abstract provided.
Evidence Verité And The Law Of Film,
2010
Suffolk University Law School
Evidence Verité And The Law Of Film, Jessica Silbey
Cardozo Law Review
No abstract provided.
Crossing Over: Why Attorneys (And Judges) Should Not Be Able To Cross-Examine Witnesses Regarding Their Immigration Statuses For Impeachment Purposes,
2010
Northwestern Pritzker School of Law
Crossing Over: Why Attorneys (And Judges) Should Not Be Able To Cross-Examine Witnesses Regarding Their Immigration Statuses For Impeachment Purposes, Colin Miller
NULR Online
You are sitting in an empty bar (in a town you’ve never before visited), drinking a Bacardi with a soft-spoken acquaintance you barely know. After an hour, a third individual walks into the tavern and sits by himself, and you ask your acquaintance who the new man is. “Be careful of that guy,” you are told. “He is a man with a past.” A few minutes later, a fourth person enters the bar; he also sits alone. You ask your acquaintance who this new individual is. “Be careful of that guy, too,” he says. “He is a man with no …
Vol. Xx, Tab 57 - Ex. 1 - Transcript Of Motions Hearing,
2010
Santa Clara Law
Vol. Xx, Tab 57 - Ex. 1 - Transcript Of Motions Hearing, United States District Court For The Eastern District Of Virginia
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Individualization Claims In Forensic Science: Still Unwarranted,
2010
Northwestern University School of Law
Individualization Claims In Forensic Science: Still Unwarranted, Jonathan Koehler, Michael J. Saks
Faculty Working Papers
In a 2008 paper published in the Vanderbilt Law Review entitled "The Individualization Fallacy in Forensic Science Evidence," we argued that no scientific basis exists for the proposition that forensic scientists can "individualize" an unknown marking (such as a fingerprint, tire track, or handwriting sample) to a particular person or object to the exclusion of all others in the world. In this special issue of the Brooklyn Law Review, we clarify, refine, and extend some of the ideas presented in Fallacy. Some of the refinements are prompted by Professor David Kaye's paper, also in this issue of the Review, in …
Retribution And The Experience Of Punishment,
2010
IIT Chicago-Kent College of Law
Retribution And The Experience Of Punishment, Christopher J. Buccafusco, J. Bronsteen, J. Masur
All Faculty Scholarship
In a prior article, we argued that punishment theorists need to take into account the counterintuitive findings from hedonic psychology about how offenders typically experience punishment. Punishment generally involves the imposition of negative experience. The reason that greater fines and prison sentences constitute more severe punishments than lesser ones is, in large part, that they are assumed to impose greater negative experience. Hedonic adaptation reduces that difference in negative experience, thereby undermining efforts to achieve proportionality in punishment. Anyone who values punishing more serious crimes more severely than less serious crimes by an appropriate amount - as virtually everyone does …
Valuing Intellectual Property: An Experiment,
2010
IIT Chicago-Kent College of Law
Valuing Intellectual Property: An Experiment, Christopher J. Buccafusco, C. Sprigman
All Faculty Scholarship
In this article we report on the results of an experiment we performed to determine whether transactions in intellectual property (IP) are subject to the valuation anomalies commonly referred to as “endowment effects”. Traditional conceptions of the value of IP rely on assumptions about human rationality derived from classical economics. The law assumes that when people make decisions about buying, selling, and licensing IP they do so with fixed, context-independent preferences. Over the past several decades, this rational actor model of classical economics has come under attack by behavioral data showing that people do not always make strictly rational decisions. …
Welfare As Happiness (With J. Bronsteen & J. Masur),
2010
IIT Chicago-Kent College of Law
Welfare As Happiness (With J. Bronsteen & J. Masur), Christopher J. Buccafusco
All Faculty Scholarship
Perhaps the most important goal of law and policy is improving people’s lives. But what constitutes improvement? What is quality of life, and how can it be measured? In previous articles, we have used insights from the new field of hedonic psychology to analyze central questions in civil and criminal justice, and we now apply those insights to a broader inquiry: how can the law make life better? The leading accounts of human welfare in law, economics, and philosophy are preference-satisfaction - getting what one wants - and objective list approaches - possessing an enumerated set of capabilities. This Article …
Reasonable Grounds Evidence Involving Sexual Violence In Darfur (With J. Hagan & R. Brooks),
2010
IIT Chicago-Kent College of Law
Reasonable Grounds Evidence Involving Sexual Violence In Darfur (With J. Hagan & R. Brooks), Todd Haugh
All Faculty Scholarship
No abstract provided.
Let My Love Open The Door: The Case For Extending Marital Privileges To Unmarried Cohabitants,
2010
University of Maryland Francis King Carey School of Law
Let My Love Open The Door: The Case For Extending Marital Privileges To Unmarried Cohabitants, Julia Cardozo
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Hearings,
2010
Northwestern University School of Law
Hearings, Mark Spottswood
Faculty Working Papers
This article explores a constantly recurring procedural question: When is fact-finding improved by a live hearing, and when would it be better to rely on a written record? Unfortunately, when judges, lawyers, and rulemakers consider this issue, they are led astray by the widely shared—but false—assumption that a judge can best determine issues of credibility by viewing the demeanor of witnesses while they are testifying. In fact, a large body of scientific evidence indicates that judges are more likely to be deceived by lying or mistaken witnesses when observing their testimony in person than if the judges were to review …
The Exclusionary Rule Applied To Coerced Statements From Nondefendants, 43 J. Marshall L. Rev. 795 (2010),
2010
UIC School of Law
The Exclusionary Rule Applied To Coerced Statements From Nondefendants, 43 J. Marshall L. Rev. 795 (2010), Victoria D. Noel
UIC Law Review
No abstract provided.
Thinking Like A Public Interest Lawyer: Theory, Practice, And Pedagogy,
2010
Brooklyn Law School
Thinking Like A Public Interest Lawyer: Theory, Practice, And Pedagogy, Jocelyn Simonson
Faculty Scholarship
No abstract provided.
Keeping It Real: Reforming The “Untried Conviction” Impeachment Rule,
2010
University of Maryland Francis King Carey School of Law
Keeping It Real: Reforming The “Untried Conviction” Impeachment Rule, Montré D. Carodine
Maryland Law Review
No abstract provided.
Not Guilty By Reason Of Neuroimaging: The Need For Cautionary Jury Instructions For Neuroscience Evidence In Criminal Trials,
2010
Vanderbilt University Law School
Not Guilty By Reason Of Neuroimaging: The Need For Cautionary Jury Instructions For Neuroscience Evidence In Criminal Trials, E. Spencer Compton
Vanderbilt Journal of Entertainment & Technology Law
Neuroimaging technology gives researchers the ability to see structures and functions of the human brain. As the technology advances, it is beginning to change the way the legal field understands the brain and its impact on legal concepts of capacity, sanity, guilt, and innocence. However, the sophisticated technology poses risks that juries will misunderstand the limits of the science or misapply the technical findings to a particular case. To combat the risk of undue prejudice, this Note proposes a cautionary jury instruction designed to remind jurors of the technical and legal limits of bringing neuroimages into the courtroom.
Expanding The Scope Of The Good-Faith Exception To The Exclusionary Rule To Include A Law Enforcement Officer's Reasonable Reliance On Well-Settled Case Law That Is Subsequently Overruled
,
2010
American University Washington College of Law
Expanding The Scope Of The Good-Faith Exception To The Exclusionary Rule To Include A Law Enforcement Officer's Reasonable Reliance On Well-Settled Case Law That Is Subsequently Overruled , Ross M. Oklewicz
American University Law Review
No abstract provided.
