Category Archives: Evidence

John Leubsdorf, The Surprising History of the Preponderance Standard of Civil Proof

Abstract Although much has been written on the history of the requirement of proof of crimes beyond a reasonable doubt, this is the first study to probe the history of its civil counterpart, proof by a preponderance of the evidence. … Continue reading

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Ben Trachtenberg, Testimonial Is As Testimonial Does

In the decade since Crawford v. Washington declared “testimony” to be the touchstone of the Confrontation Clause, courts—from the humblest criminal trial court to the Supreme Court itself—have struggled with two problems. First, defining “testimonial” has proven difficult. Second, in … Continue reading

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Richard D. Friedman, The Mold That Shapes Hearsay Law

In response to an article previously published in the Florida Law Review by Professor Ben Trachtenberg, Professor Friedman argues that the historical thesis of Crawford v. Washington is basically correct: The Confrontation Clause of the Sixth Amendment reflects a principle about how … Continue reading

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Robert E. Wagner, Criminal Corporate Character

In the last few years, corporations have been accused of crimes ranging from environmental pollution on an unprecedented scale, to manslaughter, to election tampering, to large-scale antitrust violations. Many of these accused companies had previously committed similar acts or even the exact same offense. … Continue reading

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Nathan A. Frazier, Amending for Justice’s Sake: Codified Disclosure Rule Needed to Provide Guidance to Prosecutor’s Duty to Disclose

63 Fla. L. Rev. 771 (2011)| | | | ABSTRACT :: “I wouldn’t wish what I am going through on anyone,” Senator Ted Stevens commented after losing his seat in the United States Senate on November 18, 2008. Senator Stevens … Continue reading

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Robert A. Garda, Jr., The White Interest in School Integration

63 Fla. L. Rev. 599 (2011)| | | | ABSTRACT :: Discussions concerning desegregation, affirmative action, and voluntary integration focus primarily, if not exclusively, on whether such policies harm or benefit minorities. Scant attention is paid to the benefits whites … Continue reading

Posted in Civil Rights Law, Computer & Internet Law, Discrimination Law, Education Law, Evidence, Uncategorized | Tagged , , , , , , , , , , , , , , , , , | Comments Off