Responding To Independent Juror Research In The Internet Age: Positive Rules, Negative Rules, And Outside Mechanisms,
2014
University of Michigan Law School
Responding To Independent Juror Research In The Internet Age: Positive Rules, Negative Rules, And Outside Mechanisms, Robbie Manhas
Michigan Law Review
Independent juror research is an old problem for jury trials. It invites potentially prejudicial, irrelevant, and inaccurate information to guide jury decisionmaking. At the same time, independent juror research compromises our adversarial system by preventing parties from responding to all the evidence under consideration and obfuscating the record on which the jury’s decision is made. These threats have only increased in the internet age, where inappropriate sources of information are ubiquitous and where improper access is hard to detect. Nevertheless, courts and parties continue to engage in the same inhibitory measures they have employed for decades. This Note argues for …
How To Avoid The Death Of Your Case By Two Billion Paper Cuts: Encouraging Arbitration As An Alternative Way To Resolve Costly Discovery Disputes,
2014
Pepperdine University
How To Avoid The Death Of Your Case By Two Billion Paper Cuts: Encouraging Arbitration As An Alternative Way To Resolve Costly Discovery Disputes, Tzipora Goodfriend-Gelernter
Pepperdine Dispute Resolution Law Journal
This article analyzes the costly effect of electronic information on discovery practice and advocates for the arbitration of discovery disputes. Part II discusses the background of electronic discovery, the evolution of our reliance on ESI (electronically stored information) as part of our modern day discovery practice, and the benefits and detriments of electronic discovery. Part III discusses the effects of our reliance on electronic discovery and the implications of those effects on litigating parties. It examines how the increasingly computer-based world of discovery has increased the cost of litigation disputes significantly and proposes using the patent arbitration model as a …
An Uncertain Privilege: Reexamining Garner V. Wolfinbarger And Its Effect On Attorney-Client Privilege,
2014
Benjamin N. Cardozo School of Law
An Uncertain Privilege: Reexamining Garner V. Wolfinbarger And Its Effect On Attorney-Client Privilege, Benjamin Cooper
Cardozo Law Review
No abstract provided.
Toward A Child-Centered Approach To Evaluating Claims Of Alienation In High-Conflict Custody Disputes,
2014
University of Michigan Law School
Toward A Child-Centered Approach To Evaluating Claims Of Alienation In High-Conflict Custody Disputes, Allison M. Nichols
Michigan Law Review
Theories of parental alienation abound in high-conflict custody cases. The image of one parent brainwashing a child against the other parent fits with what we think we know about family dynamics during divorce. The concept of a diagnosable “Parental Alienation Syndrome” (“PAS”) developed as an attempt to explain this phenomenon, but it has been widely discredited by mental health professionals and thus fails the standard for evidentiary admissibility. Nevertheless, PAS and related theories continue to influence the decisions of family courts, and even in jurisdictions that explicitly reject such theories, judges still face the daunting task of resolving these volatile …
Bridging The Cellular Divide: A Search For Consensus Regarding Law Enforcement Access To Historical Cell Data,
2014
Benjamin N. Cardozo School of Law
Bridging The Cellular Divide: A Search For Consensus Regarding Law Enforcement Access To Historical Cell Data, Zachary Ross
Cardozo Law Review
No abstract provided.
A Primer On The Use Of Dangerous Trial Exhibits,
2014
Nova Southeastern University - Shepard Broad College of Law
A Primer On The Use Of Dangerous Trial Exhibits, Robert M. Jarvis
Faculty Scholarship
It sometimes is necessary at trial to introduce a dangerous exhibit-such as a bomb, gun, or knife-to bolster a client's story, discredit an opposing witness, or give the jury a clearer picture of the underlying events. Doing so, however, requires care and planning. Not only do many courts have specific rules regarding how such exhibits are to be noticed, handled, and displayed, but there are also numerous practical and tactical considerations that must be weighed. In this Article, the author presents the first comprehensive discussion regarding dangerous trial exhibits and offers suggestions for their successful use.
Ballast Water Samples As "Scientific Evidence”,
2014
World Maritime University
Ballast Water Samples As "Scientific Evidence”, Jennie Folkunger
NSBWO
The Ballast Water Management Convention was established as a response to the global issue of the spread of invasive species. The entry into force of the Convention is supposedly imminent, but many issues remain to be solved to ensure its success in preventing the spread of invasive species. Considering the implications involved, it is of great importance for the success of the Convention that sampling procedures to determine compliance are robust and reliable. Further, sampling results must gain acceptance as scientific evidence and basis for enforcement actions. The IMO has produced guidelines and recommendations that are to be evaluated during …
Anti-Justice,
2014
Washington and Lee University School of Law
Anti-Justice, Melanie D. Wilson
Scholarly Articles
This Article contends that, despite their unique, ethical duty to “seek justice,” prosecutors regularly fail to fulfill this ethical norm when removed from the traditional, adversarial courtroom setting. Examples abound. For instance, in 2013, Edward Snowden leaked classified information revealing a government-operated surveillance program known as PRISM. That program allows the federal government to collect metadata from phone companies and email accounts and to monitor phone conversations. Until recently, prosecutors relied on some of this covertly acquired intelligence to build criminal cases against American citizens without informing the accused. In failing to notify defendants, prosecutors violated the explicit statutory directives …
Chapter 623: Giving The Wrongfully Convicted A Better
Chance At Review,
2014
Pacific McGeorge School of Law
Chapter 623: Giving The Wrongfully Convicted A Better Chance At Review, Natasha Machado
McGeorge Law Review
No abstract provided.
Proving Toxic Harm: Getting Past Slice And Dice Tactics,
2014
Hobson & Bradley
Proving Toxic Harm: Getting Past Slice And Dice Tactics, Andrew S. Lipton
McGeorge Law Review
No abstract provided.
“Testilying” In Family Court,
2014
Pacific McGeorge School of Law
“Testilying” In Family Court, John E.B. Myers
McGeorge Law Review
No abstract provided.
"Testilying" In Family Court,
2014
Pacific McGeorge School of Law
"Testilying" In Family Court, John E.B. Myers
McGeorge School of Law Scholarly Articles
No abstract provided.
The Expanding Use Of Genetic And Psychological Evidence: Finding Coherence In The Criminal Law?,
2014
Pacific McGeorge School of Law
The Expanding Use Of Genetic And Psychological Evidence: Finding Coherence In The Criminal Law?, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
On Demonstrative Evidence And Trial Graphics: What Works And What Doesn't,
2014
A2L Consulting
On Demonstrative Evidence And Trial Graphics: What Works And What Doesn't, Ryan Flax
Criminal Law Practitioner
No abstract provided.
On Professionalism, Civility, & Discovery,
2014
City of Franklin, Southampton County, and Isle of Wright County Virginia Public Defender's Office
On Professionalism, Civility, & Discovery, Kathryn Todryk
Criminal Law Practitioner
No abstract provided.
Exploring The Prejudicial Effect Of Gang Evidence: Under What Conditions Will Jurors Ignore Reasonable Doubt,
2014
California State University
Exploring The Prejudicial Effect Of Gang Evidence: Under What Conditions Will Jurors Ignore Reasonable Doubt, Mitchell L. Eisen, Brenna M. Dotson
Criminal Law Practitioner
No abstract provided.
The 'Rhyme Or Reason' Behind Prosecutorial Use Of Rape Lyrics As Evidence In Criminal Trials,
2014
American University Washington College of Law
The 'Rhyme Or Reason' Behind Prosecutorial Use Of Rape Lyrics As Evidence In Criminal Trials, Robery Nothdurft Jr
Criminal Law Practitioner
No abstract provided.
The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial,
2014
Barry University
The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial, Mitchell J. Frank
Faculty Scholarship
No abstract provided.
Trial By Google: Judicial Notice In The Information Age,
2014
American University Washington College of Law
Trial By Google: Judicial Notice In The Information Age, Andrew Ferguson
Scholarly Articles in Law Reviews & Journals
This Article presents a theory of judicial notice for the information age. It argues that the ease of accessing factual data on the Internet allows judges and litigants to expand the use of judicial notice in ways that raise significant concerns about admissibility, reliability, and fair process. State and federal courts are already applying the surprisingly pliant judicial notice rules to bring websites ranging from Google Maps to Wikipedia into the courtroom, and these decisions will only increase in frequency in coming years. This rapidly emerging judicial phenomenon is notable for its ad hoc and conclusory nature – attributes that …
Contents May Have Shifted: Disentangling The Best Evidence Rule From The Rule Against Hearsay,
2014
University of South Carolina - Columbia
Contents May Have Shifted: Disentangling The Best Evidence Rule From The Rule Against Hearsay, Colin Miller
Faculty Publications
Vince brings a battery action against Dan based upon an encounter between the two men. Dan claims that he was acting in self-defense and wants to testify that Ed sent him the following text message minutes before the encounter: “Vince is coming to see you to collect on that drug debt that you owe him.” Dan could argue that he is offering the statement not to prove the truth of the matter asserted but to prove its “effect on the listener,” making it nonhearsay Specifically, Dan could claim that he is offering the statement to prove that, regardless of whether …
