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The Costs And Benefits Of Forensics, Brandon L. Garrett 2020 Duke Law School

The Costs And Benefits Of Forensics, Brandon L. Garrett

Faculty Scholarship

Supreme Court Justice Louis Brandeis famously wrote that states can be laboratories for experimentation in law and policy. Disappointingly, however, the actual laboratories that states and local governments run are not a home for experimentation. We do not have adequate information about either the costs or the benefits of forensic testing or allocation of resources. Increased spending and expansion of crime laboratories has perversely accompanied growing backlogs. Poor quality control has resulted in a series of audits and even closures of crime laboratories. In response to these problems, however, some laboratories and some entire states have developed new approaches toward ...


Maintaining The Delicate Balance Between Due Process And Protecting Reporting Students From Re-Traumatization During Cross-Examination: Title Ix Investigations In The Wake Of The Trump Administration's Proposed Regulations, Lauren Bizier 2020 Candidate for Juris Doctor, Roger Williams University School of Law,2021.

Maintaining The Delicate Balance Between Due Process And Protecting Reporting Students From Re-Traumatization During Cross-Examination: Title Ix Investigations In The Wake Of The Trump Administration's Proposed Regulations, Lauren Bizier

Roger Williams University Law Review

No abstract provided.


Title Ix & The Civil Rights Approach To Sexual Harassment In Education, Nancy Chi Cantalupo 2020 Associate Professor, Barry University School of Law

Title Ix & The Civil Rights Approach To Sexual Harassment In Education, Nancy Chi Cantalupo

Roger Williams University Law Review

No abstract provided.


Title Ix Beyond School Lines: The Proposed Regulations That Will Limit Colleges And Universities’ Jurisdictional Scope Of Responsibility, Rachel Dunham 2020 Candidate for Juris Doctor, Roger Williams University School of Law 2021.

Title Ix Beyond School Lines: The Proposed Regulations That Will Limit Colleges And Universities’ Jurisdictional Scope Of Responsibility, Rachel Dunham

Roger Williams University Law Review

No abstract provided.


Evidence, John E. Hall Jr., W. Scott Henwood, Leesa Guarnotta 2020 Mercer University School of Law

Evidence, John E. Hall Jr., W. Scott Henwood, Leesa Guarnotta

Mercer Law Review

In the sixth year since the implementation of Georgia’s new Evidence Code, the Georgia Supreme Court must still remind lower courts and litigators to rely upon the new Code and its subsequent case law when addressing evidentiary issues arising after 2013. This Article highlights some of the continuing changes to Georgia’s evidence rules based on the new Georgia Evidence Code, Official Code of Georgia Annotated (O.C.G.A.) Title 24. This Article period spans from June 1, 2018 to May 31, 2019. Specifically, this Article addresses: (1) the consequences of straying from the new Code; (2) new ...


Is There A Georgia Supreme Court, Problem? Analyzing The Georgia Supreme Court’S New Peculiar Approach Towards Breathalyzers And Implied Consent Law, Brian Fussell Jr. 2020 Mercer University School of Law

Is There A Georgia Supreme Court, Problem? Analyzing The Georgia Supreme Court’S New Peculiar Approach Towards Breathalyzers And Implied Consent Law, Brian Fussell Jr.

Mercer Law Review

Alcohol and criminal behavior often accompany each other as anyone with any experience with the justice system (or intoxicated people in general) can attest to. A significant percentage of the population would probably say their worst decisions and mistakes came about while under the influence of booze or other intoxicants, and crime statistics would back this up. Alcohol-related crime statistics in the United States compiled by AlcoRehab show around 500,000 cases of alcohol related violence every year and also demonstrate that an incredible 86% of homicides and 60% of sexual abuse or rape cases were committed under the influence ...


The Disability Dilemma: Difficulties Involving Erisa Claims For Subjective-Proof Diseases, Courtney D. Keeling 2020 University of Oklahoma College of Law

The Disability Dilemma: Difficulties Involving Erisa Claims For Subjective-Proof Diseases, Courtney D. Keeling

Oklahoma Law Review

No abstract provided.


Prejudice-Based Rights In Criminal Procedure, Justin Murray 2020 New York Law School

Prejudice-Based Rights In Criminal Procedure, Justin Murray

Articles & Chapters

This Article critically examines a cluster of rules that use the concept of prejudice to restrict the scope of criminal defendants’ procedural rights, forming what I call prejudice-based rights. I focus, in particular, on outcome-centric prejudice- based rights—rights that apply only when failing to apply them might cause prejudice by affecting the outcome of the case. Two of criminal defendants’ most important rights fit this description: the right, originating in Brady v. Maryland, to obtain favorable, “material” evidence within the government’s knowledge, and the right to effective assistance of counsel. Since prejudice (or equivalently, materiality) is an element ...


“Importing” Restrictions From One Federal Rule Of Evidence Provision To Another: The Limits Of Legitimate Contextual Interpretation In The Age Of Statutes, Edward J. Imwinkelried 2020 University of Oklahoma College of Law

“Importing” Restrictions From One Federal Rule Of Evidence Provision To Another: The Limits Of Legitimate Contextual Interpretation In The Age Of Statutes, Edward J. Imwinkelried

Oklahoma Law Review

No abstract provided.


Winning The Waiting Game: How Oklahoma Can Rectify The Discrepancy Between Its No-Impeachment Rule And Peña-Rodriguez V. Colorado, Ryan D. Brown 2020 University of Oklahoma College of Law

Winning The Waiting Game: How Oklahoma Can Rectify The Discrepancy Between Its No-Impeachment Rule And Peña-Rodriguez V. Colorado, Ryan D. Brown

Oklahoma Law Review

No abstract provided.


Probability, Presumptions And Evidentiary Burdens In Antitrust Analysis: Revitalizing The Rule Of Reason For Exclusionary Conduct, Andrew I. Gavil, Steven C. Salop 2020 Howard University School of Law

Probability, Presumptions And Evidentiary Burdens In Antitrust Analysis: Revitalizing The Rule Of Reason For Exclusionary Conduct, Andrew I. Gavil, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

The conservative critique of antitrust law has been highly influential and has facilitated a transformation of antitrust standards of conduct since the 1970s and led to increasingly more permissive standards of conduct. While these changes have taken many forms, all were influenced by the view that competition law was over-deterrent. Critics relied heavily on the assumption that the durability and costs of false positive errors far exceeded those of false negatives.

Many of the assumptions that guided this retrenchment of antitrust rules were mistaken and advances in the law and in economic analysis have rendered them anachronistic, particularly with respect ...


How Much Do Expert Opinions Matter? An Empirical Investigation Of Selection Bias, Adversarial Bias, And Judicial Deference In Chinese Medical, Chunyan Ding 2019 Brooklyn Law School

How Much Do Expert Opinions Matter? An Empirical Investigation Of Selection Bias, Adversarial Bias, And Judicial Deference In Chinese Medical, Chunyan Ding

Brooklyn Journal of International Law

This article investigates the nature of the operation and the role of expert opinions in Chinese medical negligence litigation, drawing on content analysis of 3,619 medical negligence cases and an in-depth survey of judges with experience of adjudicating medical negligence cases. It offers three major findings: first, that both parties to medical negligence disputes show significant selection bias of medical opinions, as do courts when selecting court-appointed experts; second, expert opinions in medical negligence litigation demonstrate substantial adversarial bias; third, courts display very strong judicial deference to expert opinions in determining medical negligence liability. This article fills the methodological ...


Children's Concealment Of A Minor Transgression: The Role Of Age, Maltreatment, And Executive Functioning, Shanna Williams, Kelly McWilliams, Thomas D. Lyon 2019 University of Southern California

Children's Concealment Of A Minor Transgression: The Role Of Age, Maltreatment, And Executive Functioning, Shanna Williams, Kelly Mcwilliams, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

This study examined the role of age, maltreatment status, and executive functioning (EF) on 752 4- to 9-year-old maltreated and nonmaltreated children’s recall disclosure of a transgression in which they appeared to have broken toys while playing with a stranger. Interviewers used narrative practice rapport-building and then questioned children with free recall and cued recall questions. Younger and maltreated children were more likely to disclose during rapport-building, whereas older and nonmaltreated children were more likely to disclose in response to recall questions. Working memory deficits appeared to mediate the relation between children’s characteristics and disclosure during rapport, but ...


Forensic Interviewers' Difficulty With Invitations: Faux Invitations And Negative Recasting, Hayden M. Henderson, Natalie Russo, Thomas D. Lyon 2019 University of Southern California, Gould School of Law

Forensic Interviewers' Difficulty With Invitations: Faux Invitations And Negative Recasting, Hayden M. Henderson, Natalie Russo, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

An ongoing challenge for forensic interviewers is to maximize their use of invitations, such as requests that the child “tell me more about” details mentioned by the child. Examining 434 interviews with 4- to 12-year-old children questioned about abuse, this study analyzed (1) faux invitations, in which interviewers prefaced questions with “tell me” but then asked a non-invitation, (2) negative recasts, in which interviewers started to ask an invitation but then recast the question as a wh- or option-posing question and (3) other aspects of questions that may relate to productivity independent of their status as invitations. About one fourth ...


The Effects Of The Putative Confession And Evidence Presentation On Maltreated And Non-Maltreated 9- To 12-Year-Olds' Coached Concealment Of A Minor Transgression, Angela Evans, Thomas D. Lyon 2019 Brock University

The Effects Of The Putative Confession And Evidence Presentation On Maltreated And Non-Maltreated 9- To 12-Year-Olds' Coached Concealment Of A Minor Transgression, Angela Evans, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

The present study examined the influence of the putative confession (in which children are told that the suspect told them “everything that happened” and “wants [the child] to tell the truth”) and evidence presentation on 9- to 12-year-old maltreated and non-maltreated children’s disclosure (N = 321). Half of the children played a forbidden game with an adult confederate which resulted in a laptop breaking (no transgression occurred for the other half of children), followed by coaching to conceal the forbidden game and to falsely disclose the sanctioned game. Children were then interviewed about the interaction with the confederate. Among the ...


Regulating Bite Mark Evidence: Lesbian Vampires And Other Myths Of Forensic Odontology, Jennifer D. Oliva, Valena E. Beety 2019 University of Washington School of Law

Regulating Bite Mark Evidence: Lesbian Vampires And Other Myths Of Forensic Odontology, Jennifer D. Oliva, Valena E. Beety

Washington Law Review

This is the third piece in a trilogy that examines and evaluates the standards that American courts apply to admit forensic “science” evidence proffered by prosecutors in criminal trials. The first two articles in the trilogy expose the criminal courts’ on-going practice of admitting false forensic evidence that is virtually always excluded in civil cases. They also advance a panoply of procedural and evidentiary solutions aimed at reforming this legally unviable discrepancy. Those solutions are court-centric insofar as they advocate for, among other things, open and early criminal discovery, pre-trial Daubert hearings to challenge evidence and experts, and court-appointment of ...


Hb 282 - Preservation Of Sexual Assault Evidence, Rebecca A. Dickinson, Alessandra T. Palazzolo 2019 Georgia State University College of Law

Hb 282 - Preservation Of Sexual Assault Evidence, Rebecca A. Dickinson, Alessandra T. Palazzolo

Georgia State University Law Review

This Act extends the time that law enforcement agencies are required to preserve certain evidence of sexual assault. Physical evidence of a reported sexual assault will be preserved for fifty years, and if there is an arrest, for thirty years from the date of arrest or seven years from the sentence’s completion.


Judicial Treatment Of Aboriginal Peoples’ Oral History Evidence: More Room For Reconciliation, Jimmy Peterson 2019 Dalhousie University, Schulich School of Law

Judicial Treatment Of Aboriginal Peoples’ Oral History Evidence: More Room For Reconciliation, Jimmy Peterson

Dalhousie Law Journal

Oral history is the only past record in many Aboriginal groups in Canada. In 1997, in Delgamuukw, the Supreme Court of Canada recognized that the strict approach to evidence law with respect to oral history had to be relaxed for Aboriginal peoples to be able to pursue claims to Aboriginal rights or Aboriginal title. This was a necessary element of the attempt to achieve reconciliation between Aboriginal and non-Aboriginal peoples. Yet, while evidence law has become increasingly n exible when it comes to accommodating Aboriginal peoples, courts have struggled with how to value oral traditions. A review of the case ...


Evidence’S #Metoo Moment, Aníbal Rosario-Lebrón 2019 Howard University School of Law

Evidence’S #Metoo Moment, Aníbal Rosario-Lebrón

University of Miami Law Review

The #MeToo movement has drawn attention to the prevalence of sexual and gender-based violence. But more importantly, it has exposed how society discounts the testimony of women. This Article unfolds how this credibility discounting is reinforced in our evidentiary system through the use of character for untruthfulness evidence to impeach victims. Specifically, through defense attorneys’ practice of impeaching sexual and gender-based violence victims’ character for truthfulness as a way to introduce functional evidence of credibility biases regarding the trustworthiness of sexual and gender-based violence victims and the plausibility of their testimonies. The Article further shows a correlation between the poor ...


Catching Killers With Consumer Genetic Information, Angela Hackstadt 2019 University at Albany, State University of New York

Catching Killers With Consumer Genetic Information, Angela Hackstadt

University Libraries Faculty Scholarship

In April 2018, Joseph James D'Angelo was arrested as a suspect in the Golden State Killer case. DNA evidence collected at a 1980 crime scene finally shed light on the murderer's identity in early 2018 when investigators turned to GEDMatch, a service that allows users to upload and share DNA data obtained from consumer genetic tests. Consumer genetic testing, DNA collection, and familial DNA searching all raise ethical and privacy concerns. If investigators are using genetic genealogy to solve cold cases, where does that leave consumers?


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