In-Court Identifications Not Hearsay, Are Admissible,
2013
Alexander Blewett III School of Law at the University of Montana
In-Court Identifications Not Hearsay, Are Admissible, Cynthia Ford
Faculty Journal Articles & Other Writings
This article examines M.R.E. 801(d)(1)(C) and begins by looking at Montana case law before the rule was adopted and after it was adopted. The article follows with a look at the plethora of federal cases interpreting 801(d)(1)(C). The article points out that although Montana's version of 801(d)(1)(C) mirrors the same rule in the F.R.E, it doesn't seem that the Montana rule is used very often in reported cases. The author concludes that the rule is a good tool to escape from a hearsay objection and thereby avoid a protracted excursion into the numerous hearsay exceptions. Further, the rule applies in …
Prior Statements In Montana: Part I,
2013
Alexander Blewett III School of Law at the University of Montana
Prior Statements In Montana: Part I, Cynthia Ford
Faculty Journal Articles & Other Writings
This article is part one of a two-part series on prior statements in Montana. In part one, the article explores Montana's approach to prior inconsistent statements under M.R.E. 801. The article states that prior inconsistent statements are clearly admissible in Montana state court trials. Once a witness has testified on the stand, anything else said on the same subject, anywhere, any time, to anyone, which outright contradicts trial testimony, or serves to fill a memory lapse on the stand, is admissible -- not just for impeachment, but also to prove the fact earlier asserted.
A Refresher: Mt Evidence Law Sources And Research,
2013
Alexander Blewett III School of Law at the University of Montana
A Refresher: Mt Evidence Law Sources And Research, Cynthia Ford
Faculty Journal Articles & Other Writings
This article discusses how to locate, research, and use Montana evidence law sources.
Rule 611(C): Where You Lead, I Will Follow,
2013
Alexander Blewett III School of Law at the University of Montana
Rule 611(C): Where You Lead, I Will Follow, Cynthia Ford
Faculty Journal Articles & Other Writings
This article examines M.R.E. 611(c), which relates to leading questions when examining witnesses. The first part of the article discusses the purpose behind the "no-leading on direct" rule and how to tell leading from non-leading questions. Then the article offers tips for leading and non-leading questions and answers the question of why leading on cross is allowed. Lastly, the article examines how strictly the rule is observed and reviews Montana cases on 611(c).
Hipaa As An Evidentiary Rule: An Analysis Of Miguel M. And Its Impact ,
2013
Cleveland State University
Hipaa As An Evidentiary Rule: An Analysis Of Miguel M. And Its Impact , Jennifer Clark
Journal of Law and Health
In New York suppression of evidence is only appropriate where constitutional, statutory, or decisional authority mandates it, even if obtained by unethical or unlawful means. The courts have been split on how to apply this standard to evidence obtained in violation of HIPAA. In the case In re Miguel M., the New York Court of Appeals addressed this question for the first time, finding that such evidence should be suppressed. Because it is the first authoritative case in New York addressing the evidentiary impact of a HIPAA violation, it is tempting to read Miguel M. as creating a new evidentiary …
Getting Beyond Intuition In The Probable Cause Inquiry,
2013
Penn State Dickinson School of Law
Getting Beyond Intuition In The Probable Cause Inquiry, Erica R. Goldberg
Faculty Scholarship
Courts are proudly resigned to the fact that the probable cause inquiry is “nontechnical.” In order to conduct a search or make an arrest, police need to satisfy the probable cause standard, which the Supreme Court has deemed “incapable of precise definition or quantification into percentages.” The flexibility of this standard enables courts to defer to police officers’ reasonable judgments and expert intuitions in unique situations. However, police officers are increasingly using investigative techniques that replace their own observational skills with test results from some other source, such as drug sniffing dogs, facial recognition technology, and DNA matching. The reliability …
Five Answers And Three Questions After United States V. Jones (2012), The Fourth Amendment Gps Case,
2013
FAMU College of Law
Five Answers And Three Questions After United States V. Jones (2012), The Fourth Amendment Gps Case, Benjamin Priester
Journal Publications
Each year, the United States Supreme Court's docket includes a range of "high profile" cases that attract attention not merely from law professors and others with an acquired fascination with the Court, but also from a general audience of law students, lawyers, scholars and commentators on American politics and society, as well as, occasionally, the public at large. During the 2011 Term, one of those cases was "the GPS case," formally known as United States v. Jones.' Media coverage of the case spread far beyond the legal blogosphere to a wide variety of mainstream and popular sources, both in print …
Montana V. Federal Evidence Rules 2013: A Short Comparison,
2013
Alexander Blewett III School of Law at the University of Montana
Montana V. Federal Evidence Rules 2013: A Short Comparison, Cynthia Ford
Faculty Journal Articles & Other Writings
This article provides a short comparison of the current Federal Rules of Evidence and the Montana Rules of Evidence. It is meant to cover major differences and does not include those, in the view of the author, that are minor or inconsequential.
Exchanging Shares To Settle A Lawsuit: Should A Confidentiality Agreement Bar Evidence Of Securities Fraud?,
2013
Benjamin N. Cardozo School of Law
Exchanging Shares To Settle A Lawsuit: Should A Confidentiality Agreement Bar Evidence Of Securities Fraud?, Christopher Tao
Cardozo Journal of Conflict Resolution
Suppose that two parties enter into a mediated written settlement, but in a subsequent court proceeding, one party claims to have discovered evidence clearly establishing fraud by the opposing party during the mediation process. When a court has to determine whether or not to enforce a negotiated settlement, do mediation confidentiality rules permit the court to admit one party's evidence of the other party's fraud or misrepresentations during the mediation?
Modernizing Jury Instructions In The Age Of Social Media,
2013
American University Washington College of Law
Modernizing Jury Instructions In The Age Of Social Media, David Aaronson, Sydney Patterson
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Real Women, Real Rape,
2013
Brooklyn Law School
E-Discovery As Quantum Law: Clash Of Cultures-What The Future Portends,
2013
University of Richmond
E-Discovery As Quantum Law: Clash Of Cultures-What The Future Portends, Michael Yager
Richmond Journal of Law & Technology
Early in the twentieth century, the phenomenon that is the “quantum” stormed the fortress of classical physics, causing Albert Einstein, one of science's greatest thinkers, to opine, “[i]t was as if the ground had been pulled out from under one, with no firm foundation to be seen anywhere, upon which one could have built.” The theoretical laws associated with looking at reality on the quantum level violently collided with those related to looking at the same reality on the macro level. The application of quantum theory to the mathematically pure and proven classical laws of physics introduced a cultural clash …
Social Media Evidence In Government Investigations And Criminal Proceedings: A Frontier Of New Legal Issues,
2013
University of Richmond
Social Media Evidence In Government Investigations And Criminal Proceedings: A Frontier Of New Legal Issues, Justin P. Murphy, Adrian Fontecilla
Richmond Journal of Law & Technology
As the newest pillar of communication in today’s society, social media is revolutionizing how the world does business, discovers and shares news, and instantly engages with friends and family. Not surprisingly, because social media factors into the majority of cases in some respect, this exploding medium significantly affects government investigations and criminal litigation. Social media evidence includes, among other things, photographs, status updates, a person’s location at a certain time, and direct communications to or from a defendant’s social media account. This Article will examine the importance of social media in government investigations and criminal litigation, including access to and …
Local Rules, Standing Orders, And Model Protocols: Where The Rubber Meets The (E-Discovery) Road,
2013
University of Richmond
Local Rules, Standing Orders, And Model Protocols: Where The Rubber Meets The (E-Discovery) Road, Thomas Y. Allman
Richmond Journal of Law & Technology
[District Courts], impatient with the failure of the national system to solve pressing, indeed urgent, procedural problems, utilize local rules in an effort to shape pragmatic solutions . . . . [as] one route to procedural change.
Review Of Recent Studies And Issues Regarding The P300-Based Complex Trial Protocol For Detection Of Concealed Information,
2013
Northwestern Pritzker School of Law
Review Of Recent Studies And Issues Regarding The P300-Based Complex Trial Protocol For Detection Of Concealed Information, J. Peter Rosenfeld, Xiaoqing Hu, Elena Labkovsky, John B. Meixner Jr., Michael R. Winograd
Scholarly Works
In this review, the evolution of new P300-based protocols for detection of concealed information is summarized. The P300-based complex trial protocol (CTP) is described as one such countermeasure (CM)-resistant protocol. Recent lapses in diagnostic accuracy (from 90% to 75%) with CTPs applied to mock crime protocols are summarized, as well as recent enhancements to the CTP which have restored accuracy. These enhancements include 1) use of performance feedback during testing, 2) use of other ERP components such as N200 in diagnosis, 3) use of auxiliary tests, including the autobiographical implicit association test, as leading to restored diagnostic accuracy, and 4) …
Book Review: Burden Of Proof: A Review Of Math On Trial,
2013
Vanderbilt University Law School
Book Review: Burden Of Proof: A Review Of Math On Trial, Paul H. Edelman
Vanderbilt Law School Faculty Publications
In Math on Trial, Leila Schneps and Coralie Col mez write about the abuse of mathematical argu ments in criminal trials and how these flawed arguments "have sent innocent people to prison" (p. ix). Indeed, people "saw their lives ripped apart by simple mathematical errors." The purpose of focusing on these errors, despite mathematics' "relatively rare use in trials" (p. x), is "that many of the common mathematical fallacies that pervade the public sphere are perfectly represented by these trials. Thus they serve as ideal illustrations of these errors and of the drastic consequences that faulty reasoning has on real …
Compelled Investigatory And Testimonial Speech: An Overdue Clarification Of The Public Employee Speech Doctrine That Rehabilitates "All Of The Values At Stake",
2013
University of Kentucky
Compelled Investigatory And Testimonial Speech: An Overdue Clarification Of The Public Employee Speech Doctrine That Rehabilitates "All Of The Values At Stake", Molly K. Smith
Kentucky Law Journal
No abstract provided.
Protecting The Innocent - The Need To Adapt Federal Asset Forfeiture Laws To Protect The Interests Of Third Parties In Digital Asset Seizures,
2013
Benjamin N. Cardozo School of Law
Protecting The Innocent - The Need To Adapt Federal Asset Forfeiture Laws To Protect The Interests Of Third Parties In Digital Asset Seizures, Elizabeth Friedler
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Logic, Not Evidence, Supports A Change In Expert Testimony Standards: Why Evidentiary Standards Promulgated By The Supreme Court For Scientific Expert Testimony Are Inappropriate And Inefficient When Applied In Patent Infringement Suits,
2013
University of Maryland Francis King Carey School of Law
Logic, Not Evidence, Supports A Change In Expert Testimony Standards: Why Evidentiary Standards Promulgated By The Supreme Court For Scientific Expert Testimony Are Inappropriate And Inefficient When Applied In Patent Infringement Suits, Claire R. Rollor
Journal of Business & Technology Law
No abstract provided.
Panel Discussion: Reinvigorating Rule 502,
2013
University of Oklahoma College of Law
Panel Discussion: Reinvigorating Rule 502, Liesa L. Richter
Other Faculty Publications
No abstract provided.
