Evidence Commons^™

Expertise, Lab Lit, And The Fantasy Of Science Free From Economics, David S. Caudill

Cardozo Law Review

No abstract provided.

The Propriety Of Jury Questioning: A Remedy For Perceived Harmless Error, Laurie Forbes Neff

Pepperdine Law Review

No abstract provided.

Breaking The Seal On White-Collar Criminal Search Warrant Materials , David Horan

Pepperdine Law Review

No abstract provided.

Wilson V. Layne: Increasing The Scope Of The Fourth Amendment Right To Privacy, Ashlea Wright

Pepperdine Law Review

No abstract provided.

Testimony For Sale: The Law And Ethics Of Snitches And Experts, George C. Harris

Pepperdine Law Review

No abstract provided.

Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman

Touro Law Review

No abstract provided.

The Inevitable Discovery Rule - Justice Served Or Justice Thwarted? - People V. Pinckney, Danielle M. Hansen

Touro Law Review

No abstract provided.

It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier

Touro Law Review

No abstract provided.

Silencing The Victims In Child Sexual Abuse Prosecutions: The Confrontation Clause And Children's Hearsay Statements Before And After Michigan V. Bryant, Deborah Paruch

Touro Law Review

No abstract provided.

Social Media, The Sixth Amendment, And Restyling: Recent Developments In The Federal Laws Of Evidence, Deborah Jones Merritt

Touro Law Review

No abstract provided.

Evidence, W. Randall Bassett, Geoffrey M. Drake, Madison H. Kitchens

Mercer Law Review

The 2011 term of the United States Court of Appeals for the Eleventh Circuit did not signal any new trends in the interpretation and application of the Federal Rules of Evidence, which comes as no surprise given that the Rules have been in effect since 1975. The 2011 term, however, did include a case of first impression for the court and several cases applying well-established law to new and unique factual scenarios. Several of these cases resulted in unpublished opinions bearing no precedential weight but, nevertheless, offering guidance to the practitioner in future cases.

While the admissibility of hearsay testimony …

Guilty Until Proven Innocent: Providing Effective Relief To The Actually Innocent In New York, Steven M. Cytryn

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

United States V. Diaz: The Gap Between Medication And Restoration, Bryson Mccollum

Mercer Law Review

In United States v. Diaz, the United States Court of Appeals for the Eleventh Circuit, in a case of first impression, determined whether the state met its burden in applying the United States Supreme Court's test articulated in Sell v. United States, to involuntarily medicate an incompetent, schizophrenic defendant. Based on the Sell test that was established in 2003, the court of appeals had to determine which evidentiary findings were sufficient to meet the clear and convincing evidence standard allowing the State of Georgia to forcibly medicate the appellant, Michael Diaz. The court of appeals found no clear …

Summary Of Tri-County Equipment & Leasing V. Klinke, 128 Nev. Adv. Op. No. 33, Daniella Labounty

Nevada Supreme Court Summaries

The court considered whether proof of workers’ compensation payments paid in California could be admitted into evidence in a personal injury action in Nevada. Because both states have statutes governing this issue, the Court decided that the Nevada statute shall govern. Applying Nevada law, the Court concluded that evidence of the actual amount of the benefits paid should be admitted and a clarifying jury instruction should have been given.

Summary Of Davis V. Beling, 128 Nev. Adv. Op. No. 28, Colin Seale

Nevada Supreme Court Summaries

The Court considered, on appeal, whether a court can admit evidence of compromise offers within real estate transactions for the purpose of demonstrating a failure to mitigate damages. Further, it considered whether real estate licensees are shielded from all forms of common law liability. Lastly, the Court considered whether compensatory damages should include diminution-in-value for a claim alleging fraud, whether carrying costs as consequential damages should be limited by the economic loss doctrine, and whether the district court erred in denying attorney’s fees provided for in listing and purchase agreements to the prevailing party.

The Embedded Epistemologist: Dispatches From The Legal Front, Susan Haack

Articles

In ordinary circumstances, we can assess the worth of evidence well enough without benefit of any theory; but when evidence is especially complex, ambiguous, or emotionally disturbing-as it often is in legal contexts-epistemological theory may be helpful. A legal fact-finder is asked to determine whether the proposition that the defendant is guilty, or is liable, is established to the required degree of proof by the [admissible] evidence presented; i.e., to make an epistemological appraisal. The foundherentist theory developed in Evidence and Inquiry can help us understand what this means; and reveals that degrees of proof cannot be construed as mathematical …

Addressing The Costs And Comity Concerns Of International E-Discovery, John T. Yip

Washington Law Review

The volume of electronically stored information (ESI) is expanding rapidly. Under the Federal Rules of Civil Procedure, litigants may request electronic discovery (ediscovery) of many different forms of ESI. In 1978, the U.S. Supreme Court held that the party responding to an e-discovery request presumptively pays all e-discovery costs, including the costs of preserving, producing, and reviewing the requested ESI. Therefore, the rapidly increasing volume of ESI has substantially increased the costs of e-discovery for producing parties. In the 2003 case, Zubulake v. UBS Warburg LLC, the U.S. District Court for the Southern District of New York established a …

Trial Objections From Beginning To End: The Handbook For Civil And Criminal Trials, Craig Lee Montz

Pepperdine Law Review

No abstract provided.

Privacy Rights Left Behind At The Border: The Exhaustive, Exploratory Searches Effectuated In United States V. Cotterman, Aaron Mcknight

BYU Law Review

No abstract provided.

Empty Promises: Miranda Warnings In Noncustodial Interrogations, Aurora Maoz

Michigan Law Review

You have the right to remain silent; anything you say can be used against you in a court of law. You have the right to an attorney; if you cannot afford an attorney, one will be provided to you at the state's expense. In 2010, the Supreme Court declined an opportunity to resolve the question of what courts should do when officers administer Miranda warnings in a situation where a suspect is not already in custody-in other words, when officers are not constitutionally required to give or honor these warnings. While most courts have found a superfluous warning to be …