Capping E-Discovery Costs: A Hybrid Solution To E-Discovery Abuse,
2014
William & Mary Law School
Capping E-Discovery Costs: A Hybrid Solution To E-Discovery Abuse, Karel Mazanec
William & Mary Law Review
No abstract provided.
Criminal Corporate Character,
2014
Baruch College
Criminal Corporate Character, Robert E. Wagner
Florida Law Review
In the last few years, corporations have been accused of crimes ranging from environmental pollution on an unprecedented scale, to manslaughter, to election tampering, to large-scale antitrust violations. Many of these accused companies had previously committed similar acts or even the exact same offense. Unfortunately, the rules of evidence in the federal system and in virtually every state system prohibit the use of this information in a prosecution for such crimes. The reasons for this prohibition are based in historical anomalies, a mistaken understanding of corporate function, and a misplaced anthropomorphism of the corporation. This combination of errors has resulted …
Crime Control, Due Process, & Evidentiary Exclusion: When Exceptions Become The Rule,
2014
CUNY John Jay College
Crime Control, Due Process, & Evidentiary Exclusion: When Exceptions Become The Rule, Elizabeth H. Kaylor
Proceedings of the New York State Communication Association
This paper uses the dichotomy between Herbert Packer’s (1968) two models of criminal justice advocacy – “crime control” and “due process” – as a rhetorical paradigm for understanding policy debate about the exclusion of relevant evidence at trial. Understanding the opposition between crime control and due process advocates as a rhetorical controversy, in which commonly-used ideographs camouflage dramatically different constructions of the concepts at stake, helps to illuminate the way each side mobilizes public support for their narrative of doing . While both the exclusionary rule (which prohibits the use of illegally-obtained evidence in criminal cases) and the “fruit of …
Emotional Fact-Finding,
2014
Florida State University College of Law
The Legal Ethics Of Real Evidence: Of Child Porn On The Choirmaster's Computer And Bloody Knives Under The Stairs,
2014
University of Washington School of Law
The Legal Ethics Of Real Evidence: Of Child Porn On The Choirmaster's Computer And Bloody Knives Under The Stairs, Gregory C. Sisk
Washington Law Review
With little guidance from the Model Rules of Professional Conduct and continuing confusion on professional obligations, questions about engagement with real evidence continue to bedevil criminal defense lawyers, incite prosecutors, generate disputes, and attract judicial attention. Where should we draw that line between what is demanded by the professional duties of zealous advocacy and client confidentiality and what constitutes obstruction of justice? When may a document or object that could conceivably be relevant in some future investigation or proceeding be destroyed, altered, or removed? May a criminal defense lawyer take possession of evidence of a crime for purposes of analysis, …
Adoptive Admissions And The Duty To Speak: A Proposal For An Appropriate Test For The Admissibility Of Silence In The Face Of An Accusation,
2014
Benjamin N. Cardozo School of Law
Adoptive Admissions And The Duty To Speak: A Proposal For An Appropriate Test For The Admissibility Of Silence In The Face Of An Accusation, Bret Ruber
Cardozo Law Review
No abstract provided.
This Is Your Sword: How Damaging Are Prior Convictions To Plaintiffs In Civil Trials?,
2014
University of Washington School of Law
This Is Your Sword: How Damaging Are Prior Convictions To Plaintiffs In Civil Trials?, Kathryn Stanchi, Deirdre Bowen
Washington Law Review
The conventional wisdom in law is that a prior conviction is one of the most powerful and damaging pieces of evidence that can be offered against a witness or party. In legal lore, prior convictions seriously undercut the credibility of the witness and can derail the outcome of a trial. This Article suggests that may not always be true. This Article details the results of an empirical study of juror decision-making that challenges the conventional wisdom about prior convictions. In our study, the prior conviction evidence did not have a direct impact on the outcome of the civil trial or …
Blystone V. Horn: The Third Circuit Guards Against Inadvertent Waiver Of The Right To Present Mitigating Evidence During A Capital Case,
2014
Villanova University Charles Widger School of Law
Blystone V. Horn: The Third Circuit Guards Against Inadvertent Waiver Of The Right To Present Mitigating Evidence During A Capital Case, Dylan J. Scher
Villanova Law Review (1956 - )
No abstract provided.
Reasonable Consideration Of Non-Shareholders: Redrafting State Constituency Statutes To Encourage Socially-Minded Business Decisions,
2014
Benjamin N. Cardozo School of Law
Reasonable Consideration Of Non-Shareholders: Redrafting State Constituency Statutes To Encourage Socially-Minded Business Decisions, Maxwell Silver-Thompson
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Unintended Consequences: The Posse Comitatus Act In The Modern Era,
2014
United States Navy
Unintended Consequences: The Posse Comitatus Act In The Modern Era, Mark P. Nevitt
Cardozo Law Review
America was born in revolution. Outraged at numerous abuses by the British crown - to include the conduct of British soldiers in the colonists' daily lives - Americans declared their independence, creating a new republic with deep suspicions of a standing army. These suspicions were intensely debated at the time of the nation's formation and enshrined in the Constitution. But congressional limitations on the role of the military in day-to-day affairs would have to wait. This did not occur until after the Civil War when Southern congressmen successfully coopted the framers' earlier concerns of a standing army and passed a …
Confrontation And The Law Of Evidence: Can The Language Conduit Theory Survive In The Wake Of Crawford?,
2014
Vanderbilt University Law School
Confrontation And The Law Of Evidence: Can The Language Conduit Theory Survive In The Wake Of Crawford?, Tom S. Xu
Vanderbilt Law Review
A foreign traveler flies into John F. Kennedy International Airport, supposedly on a business trip. At the airport, a customs inspector detains him after discovering what appear to be bags of cocaine concealed in his luggage. The traveler speaks limited English, so the inspector requests the aid of a certified government interpreter to question him. An English-speaking Drug Enforcement Administration ("DEA") agent thereafter interrogates the traveler by having the interpreter translate his questions to Spanish, the traveler's native tongue. The interpreter then translates the traveler's responses from Spanish to English, and the inspector records the translated responses. At trial, the …
When Skeletons Come Out Of The Closet: Implications Of The Bosnian Genocide Decision For Serbia's Eventual Eu Accession,
2014
University of Georgia School of Law
When Skeletons Come Out Of The Closet: Implications Of The Bosnian Genocide Decision For Serbia's Eventual Eu Accession, Edina Slomic
Georgia Journal of International & Comparative Law
No abstract provided.
Section 6: Criminal,
2014
William & Mary Law School
Section 6: Criminal, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Use And Misuse Of Econometric
Evidence In Employment
Discrimination Cases,
2014
Vanderbilt Law School
The Use And Misuse Of Econometric Evidence In Employment Discrimination Cases, Joni Hersch, Blair Druhan Bullock
Washington and Lee Law Review
Statistical analyses play an important role in employment discrimination cases, as the Supreme Court has long recognized. Regression analysis can help a plaintiff establish a claim of discrimination under Title VII of the Civil Rights Act of 1964 by showing that, even when controlling for relevant characteristics, individuals of a certain class were treated differently than other employees or applicants. It can also help a defendant rebut such a claim by showing that differential treatment was due to characteristics other than being a member of a protected class. Yet, too often, opposing experts present invalid rebuttal evidence that the jury …
Rff Family Partnership, Lp V. Burns & Levinson, Llp: Massachusetts Constructs A Functional Framework For In-Firm Privilege And Exposes Other States' Need For Renovation,
2014
Villanova University Charles Widger School of Law
Rff Family Partnership, Lp V. Burns & Levinson, Llp: Massachusetts Constructs A Functional Framework For In-Firm Privilege And Exposes Other States' Need For Renovation, Kelsey Hughes-Blaum
Villanova Law Review (1956 - )
No abstract provided.
On Writ Of Certiorari To The United States Court Of Appeals For The Eighth Circuit, Brief Of Law Professors As Amici Curiae In Support Of Respondent, Gregory P. Warger, V. Randy D. Shauers,
2014
South Texas College of Law
On Writ Of Certiorari To The United States Court Of Appeals For The Eighth Circuit, Brief Of Law Professors As Amici Curiae In Support Of Respondent, Gregory P. Warger, V. Randy D. Shauers, Susan Crump, Bennett Gershman, Victor Gold, Paul F. Rothstein, Ben Trachtenberg
U.S. Supreme Court Briefs
Petitioner asks this Court to interpret Fed. R. Evid. 606(b) as permitting statements made by jurors during deliberations to be admitted to support a motion for a new trial. The practical consequences of petitioner’s rule would be significant and problematic, not only fundamentally altering the purpose and practice of voir dire, but also providing a new, fact driven, basis for post-trial motions. These expanded proceedings would place substantial additional burdens of courts, lawyers and jurors alike. In light of existing mechanisms to ensure juror honesty and impartiality, petitioner’s rule would disrupt a well-functioning system for little to no benefit.
Death By Daubert: The Continued Attack On Private Antitrust,
2014
University at Buffalo School of Law
Death By Daubert: The Continued Attack On Private Antitrust, Christine P. Bartholomew
Journal Articles
In 2011, with five words of dicta, the Supreme Court opened Pandora’s box for private antitrust enforcement. By suggesting trial courts must evaluate the admissibility of expert testimony at class certification, the Court placed a significant obstacle in the path of antitrust class actions. Following the Supreme Court’s lead, most courts now permit parties to bring expert challenges far earlier than the traditional summary judgment or pretrial timing. Premature rejection of expert testimony dooms budding private antitrust suits — cases that play an essential role in modern antitrust enforcement. The dangers for private antitrust plaintiffs are compounded by the Court’s …
Putting The Microscope On Crime Labs: The Effects Of Evidence Complexity And Laboratory Type On Jurors' Perceptions Of Forensic Evidence,
2014
University of Nevada, Las Vegas
Putting The Microscope On Crime Labs: The Effects Of Evidence Complexity And Laboratory Type On Jurors' Perceptions Of Forensic Evidence, Miliaikeala S.J. Heen
UNLV Theses, Dissertations, Professional Papers, and Capstones
An experiment was conducted to test the effects of evidence complexity and laboratory type on jurors' perceptions of forensic evidence. The study specifically focused on three types of labs: public labs, private labs, and "corporate labs." Public labs are managed by a federal, state, or local law enforcement agency, where evidence is usually analyzed internally at an agency. Private labs are those that have been formed as private businesses to provide services to federal, state, and local crime labs with overflow work. Corporate labs are managed by major retail corporations, and primarily service the needs of their store businesses, but …
Death By Daubert: The Continued Attack On Private Antitrust,
2014
SUNY Buffalo
Death By Daubert: The Continued Attack On Private Antitrust, Christine P. Bartholomew
Cardozo Law Review
In 2011, with five words of dicta, the Supreme Court opened Pandora's Box for private antitrust enforcement. By suggesting trial courts must evaluate the admissibility of expert testimony at class certification, the Court placed a significant obstacle in the path of antitrust class actions. Following the Supreme Court's lead, most courts now permit parties to bring expert challenges far earlier than the traditional summary judgment or pre-trial timing. Premature rejection of expert testimony dooms budding private antitrust suits - cases that play an essential role in modern antitrust enforcement. The dangers for private antitrust plaintiffs are compounded by the Court's …
Dna Helps Clear Man's Name From Rape Charge After 24 Years,
2014
University of Baltimore School of Law
Dna Helps Clear Man's Name From Rape Charge After 24 Years, Colin Starger
All Faculty Scholarship
No abstract provided.
