Snap And Destroy: Preservation Issues For Ephemeral Communications,
2014
University at Buffalo School of Law (Student)
Snap And Destroy: Preservation Issues For Ephemeral Communications, Ryan G. Ganzenmuller
Buffalo Law Review
No abstract provided.
Jack Weinstein And The Missing Pieces Of The Hearsay Puzzle,
2014
University of Michigan Law School
Jack Weinstein And The Missing Pieces Of The Hearsay Puzzle, Richard D. Friedman
Articles
For the first three quarters of the twentieth century, the Wigmore treatise was the dominant force in organizing, setting out, and explaining the American law of evidence. Since then, the first two of those roles have been taken over in large part by the Federal Rules of Evidence (Rules). And the third has been performed most notably by the Weinstein treatise. Judge Jack Weinstein was present at the creation of the Rules and before. Though he first made his name in Civil Procedure, while still a young man he joined two of the stalwarts of evidence law, Edmund Morgan and …
Born This Way: How Neuroimaging Will Impact Jury Deliberations,
2014
Duke Law
Born This Way: How Neuroimaging Will Impact Jury Deliberations, Tanneika Minott
Duke Law & Technology Review
Advancements in technology have now made it possible for scientists to provide assessments of an individual’s mental state. Through neuroimaging, scientists can create visual images of the brain that depict whether an individual has a mental disorder or other brain defect. The importance of these advancements is particularly evident in the context of criminal law, where defendants are able to dispute their culpability for crimes committed where they lack the capacity to form criminal intent. Thus, in theory, a neuroimage depicting defective brain functioning could demonstrate a defendant’s inability to form the requisite criminal intent. Due to early successes in …
The Case For Ehearsay,
2014
William & Mary Law School
Memorandum: Hearsay Exception For Electronic Communications Of Recent Perception,
2014
Fordham University School of Law
Memorandum: Hearsay Exception For Electronic Communications Of Recent Perception, Daniel J. Capra
Fordham Law Review
No abstract provided.
Architects Of Justice: The Prosecutor’S Role And Resolving Whether Inadmissible Evidence Is Material Under The Brady Rule,
2014
Fordham University School of Law
Architects Of Justice: The Prosecutor’S Role And Resolving Whether Inadmissible Evidence Is Material Under The Brady Rule, Blaise Niosi
Fordham Law Review
In Brady v. Maryland, the U.S. Supreme Court held that the prosecution has a constitutional duty to disclose evidence favorable to the defendant’s guilt or punishment upon request. The Court’s subsequent expansion of its holding in Brady has formed the “Brady rule,” which requires the prosecution to learn of and to disclose to the defendant all material exculpatory and impeachment information. The Court defined “material” as information that would cause a reasonable probability of a different trial outcome had it been disclosed.
Currently, a circuit court split exists regarding whether evidence is material for purposes of the Brady …
The Case For Ehearsay,
2014
Vanderbilt University Law School
The Case For Ehearsay, Jeffrey Bellin
Vanderbilt Law School Faculty Publications
On April 4, 2014, the Advisory Committee for the Federal Rules of Evidence convened the Symposium on the Challenges of Electronic Evidence. The purpose of the symposium was "to consider the intersection of the evidence rules and emerging technologies" and explore what rule changes, if any, might be warranted in light of sweeping changes in the way people communicate.1 As an unapologetic advocate for changes to the hearsay rules, I thought it a happy coincidence that the symposium coincided with Seventh Circuit Judge Richard Posner's call for sweeping hearsay reform. In a 2013 article, eHearsay, I proposed a hearsay exception …
The Case For Ehearsay,
2014
William & Mary Law School
Shield Law - The Qualified Privilege Of Newscasters & Journalists In Non-Confidential News - Court Of Appeals Of New York - People V. Combest, 828 N.E.2d 583 (N.Y. 2005),
2014
Touro University Jacob D. Fuchsberg Law Center
Shield Law - The Qualified Privilege Of Newscasters & Journalists In Non-Confidential News - Court Of Appeals Of New York - People V. Combest, 828 N.E.2d 583 (N.Y. 2005), Albert V. Messina Jr.
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, In The Matter Of Nassau County Grand Jury Subpoena Duces Tecum Dated June 24, 2003 "Doe Law Firm" V. Spitzer,
2014
Touro University Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York, In The Matter Of Nassau County Grand Jury Subpoena Duces Tecum Dated June 24, 2003 "Doe Law Firm" V. Spitzer, Christin Harris
Touro Law Review
No abstract provided.
Supreme Court, New York County, People V. Vasquez,
2014
Touro University Jacob D. Fuchsberg Law Center
Supreme Court, New York County, People V. Vasquez, Jessica Goodwin
Touro Law Review
No abstract provided.
Supreme Court, Bronx County, People V. Paul,
2014
Touro University Jacob D. Fuchsberg Law Center
Supreme Court, Bronx County, People V. Paul, Adam D'Antonio
Touro Law Review
No abstract provided.
Appellate Division, First Department, People V. Bradley,
2014
Touro University Jacob D. Fuchsberg Law Center
Appellate Division, First Department, People V. Bradley, Kathleen Egan
Touro Law Review
No abstract provided.
You Blew It: The Confrontation Clause & Breathalyzers As Testimonial Evidence,
2014
Touro University Jacob D. Fuchsberg Law Center
You Blew It: The Confrontation Clause & Breathalyzers As Testimonial Evidence, Stephanie Tuorto
Touro Law Review
No abstract provided.
Putting The Cat Back In The Bag: Involuntary Confessions And Self-Incrimination,
2014
Touro University Jacob D. Fuchsberg Law Center
Putting The Cat Back In The Bag: Involuntary Confessions And Self-Incrimination, Joseph A. Iemma
Touro Law Review
No abstract provided.
Evidentiary Use Of Photographic Identification: Is It Time For New York To Reevaluate Its Singular Exception?,
2014
Touro University Jacob D. Fuchsberg Law Center
Evidentiary Use Of Photographic Identification: Is It Time For New York To Reevaluate Its Singular Exception?, Daniela Giordano
Touro Law Review
No abstract provided.
Yates V. United States: A Case Study In Overcriminalization,
2014
Notre Dame Law School
Yates V. United States: A Case Study In Overcriminalization, Stephen F. Smith
Journal Articles
In Yates v. United States, the Supreme Court will decide whether tossing undersized fish overboard can be prosecuted under the Sarbanes–Oxley Act of 2002, a law aimed at preventing massive frauds of the sort that led to the collapse of Enron and sent shock waves throughout the economy. Although the legal issue is narrow, the case has far-reaching significance. The Yates prosecution is a case study in the dangers posed by “overcriminalization”: the existence of multitudinous, often overlapping criminal laws that are so poorly defined that they sweep within their ambit conduct far afield from their intended target.
The …
We The People: Juries, Not Judges, Should Be The Gatekeepers Of Expert Evidence,
2014
Notre Dame Law School
We The People: Juries, Not Judges, Should Be The Gatekeepers Of Expert Evidence, Krista M. Pikus
Notre Dame Law Review
This Note urges restoration of the proper balance of power between judges and juries regarding expert evidence. Our justice system has steadily moved away from letting juries decide important questions of fact and toward putting the decisionmaking power into the hands of judges. The recent developments in evidence law, requiring judges to act as the “gatekeepers” of expert evidence, present significant obstacles for plaintiffs attempting to get cases to a jury. This newer standard in expert evidence is a violation of the foundational precept in American jurisprudence that the people should be the sovereign, not the judge.
What The Best Evidence Rule Is - And What It Isn't,
2014
Alexander Blewett III School of Law at the University of Montana
What The Best Evidence Rule Is - And What It Isn't, Cynthia Ford
Faculty Journal Articles & Other Writings
No abstract provided.
Virginia's Gap Between Punishment And Culpability: Re-Examining Self-Defense Law And Battered Women's Syndrome,
2014
University of Richmond School of Law
Virginia's Gap Between Punishment And Culpability: Re-Examining Self-Defense Law And Battered Women's Syndrome, Kendall Hamilton
University of Richmond Law Review
No abstract provided.
