Two Notes On Evidence: Privileges And Hearsay,
2013
Pepperdine University
Two Notes On Evidence: Privileges And Hearsay, J. W. Deese
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Impeachment In Administrative Cases,
2013
Pepperdine University
Impeachment In Administrative Cases, Calvin William Sharpe
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Relevancy Of Evidence In Administrative Law Proceedings,
2013
Pepperdine University
Relevancy Of Evidence In Administrative Law Proceedings, J. W. Deese
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Judges In The Executive Branch And Judges In The Judicial Branch: Similar, Yet Distinct,
2013
Pepperdine University
Judges In The Executive Branch And Judges In The Judicial Branch: Similar, Yet Distinct, Thomas G. Welshko
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Right To Cross-Examine Physicians In Social Security Disability Cases,
2013
Pepperdine University
The Right To Cross-Examine Physicians In Social Security Disability Cases, Victor G. Rosenblum
Journal of the National Association of Administrative Law Judiciary
This Article examines the alternative readings and rationales of Richardson v. Perales regarding the cross-examination of reporting physicians in social security disability claim hearings. First, Part II compares the Sixth and Second Circuit's interpretation of the Perales rule, which supports the SSA's regulation and interpretation, to the Fifth Circuit's interpretation, which explicitly proclaims cross-examination, once duly requested, to be an absolute right. Part III questions whether the Perales Court's declaration that the SSA is “an [impartial] adjudicator and not . . . an advocate or adversary” remains empirically valid. Part IV discusses the SSA's recent assertions of management prerogatives that …
When Dicta Attacks: Elliott V. Commodity Futures Trading Commission,
2013
Pepperdine University
When Dicta Attacks: Elliott V. Commodity Futures Trading Commission, Joanna E. Barnes
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Impact Of Adverse Inferences In Administrative Hearings,
2013
Pepperdine University
The Impact Of Adverse Inferences In Administrative Hearings, John M. Priester
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Role Of Demeanor Evidence In Determining Credibility Of Witnesses In Fact Finding: The Views Of Aljs,
2013
Pepperdine University
The Role Of Demeanor Evidence In Determining Credibility Of Witnesses In Fact Finding: The Views Of Aljs, Gregory L. Ogden
Journal of the National Association of Administrative Law Judiciary
Prof. Ogden presents the views of administrative law judge’s on the role of demeanor evidence in determining the credibility of witnesses’ testimony in fact finding. The opinions of administrative law judges add an important new perspective on the issue of whether demeanor evidence increases the accuracy of credibility determinations. The views of administrative law judges were determined through the techniques of survey research, utilizing a questionnaire. After defining demeanor evidence for purposes of the study, Ogden explains the administrative law principle of judicial review that gives weight or deference to credibility determinations based on demeanor evidence. A statistical analysis of …
Summary Of Newman V. State, 129 Nev. Adv. Op. 24,
2013
Nevada Law Journal
Summary Of Newman V. State, 129 Nev. Adv. Op. 24, Sara Stephan
Nevada Supreme Court Summaries
Appeal from a jury conviction in the Second Judicial District Court, Washoe County, of battery by strangulation and willfully endangering a child as a result of child abuse. The Nevada Supreme Court addressed two issues both rooted in NRS 48.045’s prohibition against using character or prior-bad-act evidence to prove criminal propensity. The defendant did not mount a conventional accidental injury defense to the child abuse charge and admitted to possessing an aggressive character, eliminating the relevance for evidence showing this to be true.
Death And Politics: The Role Of Demographic Characteristics And Testimony Type In Death Penalty Cases Involving Future Dangerousness Testimony,
2013
University of Nevada, Las Vegas
Death And Politics: The Role Of Demographic Characteristics And Testimony Type In Death Penalty Cases Involving Future Dangerousness Testimony, Amy Magnus, Miliaikeala Heen, Joel D. Lieberman
Graduate Research Symposium (2010 - 2017)
Past research examining expert future dangerousness prediction testimony in death penalty cases and civil confinement hearings for sex offenders has found that jurors tend to be more persuaded by less scientific “clinical” testimony and less influenced by “actuarial” based testimony. Jurors demonstrate greater receptivity for clinical testimony despite the fact that actuarial testimony has been shown to be a better predictor of future dangerousness. Research in this area has focused on identifying cognitive factors that can potentially be manipulated during a trial to increase the effectiveness of actuarial testimony on jurors. A mock jury study was conducted to extend these …
Juror Typologies And Dna Comprehension:Who Benefits From Jury Trial Innovations?,
2013
University of Nevada, Las Vegas
Juror Typologies And Dna Comprehension:Who Benefits From Jury Trial Innovations?, Mari Sakiyama, Joel D. Lieberman
Graduate Research Symposium (2010 - 2017)
When DNA evidence is presented in the courtroom, it is typically accompanied by complex testimony conveying information such as the method of generating population frequencies, match criteria and probabilities, as well as laboratory errors and error rates. Although this evidence may have high probative value, the legal community has expressed growing concern regarding jurors’ ability to comprehend it. However, courts have implemented a variety of jury trial innovations to facilitate jurors’ ability to process complex information. Although these innovations may have a positive effect on comprehension of complex trial evidence, it is unclear whether some jurors are more likely to …
"That's The Guy!": Federal Rule Of Evidence 801(D)(1)(C) And Out-Of-Court Statements Of Identification,
2013
Benjamin N. Cardozo School of Law
"That's The Guy!": Federal Rule Of Evidence 801(D)(1)(C) And Out-Of-Court Statements Of Identification, Gilbert M. Rein
Cardozo Law Review
No abstract provided.
Congressional Policy For Work Product Protection In Congressional Investigations,
2013
Benjamin N. Cardozo School of Law
Congressional Policy For Work Product Protection In Congressional Investigations, Jay Brody
Cardozo Public Law, Policy & Ethics Journal
The note examines the conflict between congressional investigative powers and the work product doctrine, advocating for a balanced approach that considers the nature of the investigation. It argues that the type of congressional investigation—legislative, oversight, or investigative—should determine the level of work product protection applied, ensuring both effective governance and legal fairness.
Law And Local Activism: Uncovering The Civil Rights History Of Chambers V. Mississippi,
2013
University of Michigan Law School
Law And Local Activism: Uncovering The Civil Rights History Of Chambers V. Mississippi, Emily Prifogle
Articles
Countless academics have examined and discussed the importance of Chambers v. Mississippi in a multitude of areas including compulsory due process, admission of hearsay, third party guilt evidence, false confessions, racial evaluations of hearsay and witnesses, and morally reasonable verdicts. In contrast, this article attempts to excavate the account of a rural Mississippi community’s struggle for rights that underlies the U.S. Supreme Court decision in Chambers. On its face, the case has no link or reference to the civil rights movement. However, this paper reveals that local civil rights activists took armed, direct economic action for equal rights Woodville, Mississippi, …
Predictive Coding: Emerging Questions And Concerns,
2013
Benjamin N. Cardozo School of Law
Predictive Coding: Emerging Questions And Concerns, Charles M. Yablon, Nick Landsman-Roos
Articles
Technology-assisted review-also referred to as "predictive coding," "computer-aided review," and "content-based advanced analytics"-is the most important development in e-discovery to have occurred in some time. While technical characterizations of the process vary largely because of differences across software platforms, basically predictive coding is a process whereby computers are programmed to search large quantities of documents using complex algorithms to mimic the document selection process of a knowledgeable, human document review. It is said to do such a review faster and without many of the dangers of human error. Because of its speed and accuracy, it has been described as a …
Confronting The Confrontation Clause: Addressing The Unanswered Question Of Whether Autopsy Reports Are Testimonial Evidence - People V. Hall,
2013
Touro Law Center
Confronting The Confrontation Clause: Addressing The Unanswered Question Of Whether Autopsy Reports Are Testimonial Evidence - People V. Hall, Bailey Ince
Touro Law Review
No abstract provided.
Someone Call 911, Crawford Is Dying - People V. Duhs,
2013
Touro Law Center
Someone Call 911, Crawford Is Dying - People V. Duhs, Caroline Knoepffler
Touro Law Review
No abstract provided.
There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings ,
2013
Pepperdine University
There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Nature And Purpose Of Evidence Theory,
2013
Vanderbilt University Law School
The Nature And Purpose Of Evidence Theory, Michael S. Pardo
Vanderbilt Law Review
pproximately twenty-five years ago, Professor Richard Lempert, reflecting on the then-current state of evidence scholarship, noted a dramatic shift underway.' He described what had become a largely "moribund" field giving way to a burgeoning "new evidence scholarship." The scholarship in the moribund phase employed "a timid kind of deconstructionism with no overarching critical theory," was "seldom interesting," and any "potential utility" was "rarely realized"; Lempert proposed the following mock article title as a model representing the genre: "What's Wrong with the Twenty-Ninth Exception to the Hearsay Rule and How the Addition of Three Words Can Correct the Problem." By contrast, …
Defending The Preponderance Of The Evidence Standard In College Adjudications Of Sexual Assault,
2013
Brigham Young University Law School
Defending The Preponderance Of The Evidence Standard In College Adjudications Of Sexual Assault, Amy Chmielewski
Brigham Young University Education and Law Journal
No abstract provided.
