All Articles tagged Evidence

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  November 30, 2023 EDT
  Assessing Evidence of Secondary Considerations
  Jason Reinecke

  Jason Reinecke argues that to assess secondary considerations properly, focus on how the evidence relates to the claim's subject matter, rather than the accused infringer's argument about obviousness.

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  July 12, 2023 EDT
  Revealing Realities Hidden Behind the Curtain of Subjective Syndromes: The Seventh Circuit Changes The Narrative Around Expert Evidence On Battered Woman Syndrome In United States v. Dingwall
  Keane Brazda

  Keane Brazda explains how the Seventh Circuit in United States v. Dingwall changed the narrative around expert evidence on battered woman syndrome.

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  February 09, 2023 EDT
  The Consensus Rule: Judges, Jurors, and Admissibility Hearings
  Robert Evans

  This Article responds to Cheng's proposal, agreeing that the U.S. system can do better than Daubert, but also suggesting Cheng's theory needs some refinement.

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  February 09, 2023 EDT
  2022 Villanova Law Review Norman J. Shachoy Symposium: The Consensus Rule: A New Approach to Admissibility of Scientific Evidence
  Villanova Law Review

  This issue of the Villanova Law Review focuses on Professor Edward Cheng's argument for a new approach to admissibility of scientific evidence: the Consensus Rule.

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  February 09, 2023 EDT
  The Adversity of Adversarialism: How the Consensus Rule Reproduces the Expert Paradox
  Martin Weinel

  This Article focuses on the epistemological underpinnings of Cheng's suggested move from the Daubert standard to the Consensus Rule.

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  February 09, 2023 EDT
  The Consensus Rule: Lessons from the Regulatory World
  Wendy Wagner

  This article supports Cheng's Consensus Rule and offers solutions on how to get it ready for "prime time."

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  February 09, 2023 EDT
  The Owls: Some Difficulties in Judging Scientific Consensus
  Harry Collins

  This Article endorses Cheng’s Consensus Rule and argues now it is a matter of working our way toward enabling this to work in the context of the courtroom.

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  February 09, 2023 EDT
  Embracing Deference
  Edward K. ChengElodie O. CurrierPayton B. Hampton

  This Article explores several aspects of a deferential approach to expert evidence.

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  February 09, 2023 EDT
  The “Crisis of Expertise” Reaches the Courtroom: An Introduction to the Symposium on, and a Response to, Edward Cheng’s Consensus Rule
  David S. Caudill

  Cheng’s proposal for a “Consensus Rule”—basing admissibility of science-based evidence on consensus in the relevant scientific community— was the topic for the 2022 Norman J. Shachoy Symposium at Villanova.

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  December 08, 2021 EDT
  Johnson v. Superintendent Fayette Sci: Severing Ties with Pronoun Substitutions in Bruton Cases
  Aubrey Link

  Managing Editor of Research and Writing Aubrey Link discusses a recent Third Circuit decision dealing with Bruton violations and the Sixth Amendment right to confrontation for criminal defendants.

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  January 30, 2020 EDT
  Defining Law
  Tal Kastner

  Tal Kastner's essay shows how "Halakhah: The Rabbinic Idea of Law" invites a new understanding of American law and the way law is embedded in language and narrative.

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• Tolle Lege Articles
  June 15, 2016 EDT
  Wiretap Act Prosecutions Of Defense Attorneys: The Serious And Ethical Concerns Arising From The Use Of Recorded Conversations As Evidence
  Thomas G. Wilkinson Jr.Joshua N. Ruby

  This comment reviews the current state of wiretap statutes and how these statutes make it difficult for lawyers possessing potentially exculpatory evidence in the form of recorded conversations.

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  June 09, 2016 EDT
  #Guilty? Sublet v. State and the Authentication of Social Media Evidence in Criminal Proceedings
  Elizabeth A. Flanagan

  Discussing the issues with authentication and social media evidence, this article highlights the issues with the standard for admitting such evidence in criminal trials.

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