Topic
Evidence
911 published works
EvidenceProf Blog
Evidence And Ethics 10: Professor Imwinkelried’s Clarifying the Curative Admissibility Doctrine: Using the Principles of Forfeiture and Deterrence to Shape the Relief for an Opponent’s Evidentiary Misconduct
By Colin Miller
UC Davis School of Law Professor Edward J. Imwinkelried's contribution to the Evidence and Ethics Symposium is his article, Clarifying the Curative Admissibility Doctrine: Using the Principles of Forfeiture and…
Employer Law Report
Industrial Commission Rejects Affidavit Testimony
The Ohio Supreme Court recently decided State ex rel. Nerlinger v. AJR Enterp., Inc., 116 Ohio St. 3d 314, 2007-Ohio-6438, a potentially significant new workers’ compensation opinion that addresses the…
EvidenceProf Blog
Evidence and Ethics 1: Opening Thoughts on the Fordham Symposium
By Colin Miller
I recently had the privilege of reading the 15 wonderful articles in the Fordham Law Review's Evidence and Ethics Symposium Issue. After reading the articles, I contacted Professor Daniel J.…
Sentencing Law and Policy
Atkins (yes, ofAtkinsfame) gets off of death row
Main January 18, 2008Atkins (yes, of Atkins fame) gets off of death rowThe Washington Post has this article providing a notable "where are they now" update on the legal status…
New York Attorney Malpractice Blog
Are Experts Always Necessary in Legal Malpractice?
Experts are generally, but not always necessary in legal malpractice cases. The test is whether a fact-finder can rely upon its own knowledge. Here is an interesting case, Frances Northrop,…
EvidenceProf Blog
Hawaii Five-O: Officials To Push For State Constitutional Amendment To Impeachment Rule
By Colin Miller
Pursuant to Federal Rule of Evidence 609, witnesses, including parties, in both criminal and civil cases can be impeached by prior felony convictions and convictions for crimes involving dishonesty or…
EvidenceProf Blog
Retroactive Justice?: Virginia Court Finds Application of Amended Privilege Doesn’t Violate The Ex Post Facto Clause
By Colin Miller
The recent decision of the Court of Appeals of Virginia in Carpenter v. Commonwealth, 2007 WL 4523104 (Va.App. 2007), addressed the intriguing issue of whether a court's retroactive application of…
Real Lawyers Have Blogs
Legal News – LexBlogosphere: 1/3/08
By Rob La Gatta
We may be moving further and further away from New Year's Day, but the year-end wrap up posts continue. Today's update highlights a mix of posts, some looking back and…
Employer Law Report
Affirmative Action Plan Admissible As Direct Evidence of Discrimination
As further proof that no good deed goes unpunished, one Ohio appellate court has held that an employer’s affirmative action plan (AAP) may be used against it to prove discrimination. Strange…
Legal Profession Blog
Colquitt on Ethics and Evidence: the problem with specificity of rules
Posted by Alan ChildressJoseph Colquitt (Univ. of Alabama) has posted to SSRN his article, "Evidence and Ethics: Litigating in the Shadows of the Rules." It's forthcoming in 76 Connecticut Law…