Now showing items 1-10 of 22
Daubert Handbook: The Case, Its Essential Dilemma, and Its Progeny, The
(Creighton University School of Law, 1996)
INTRODUCTION|This Article is about Daubert v. Merrell Dow Pharmaceuticals, Inc. It is not about whether Daubert is a good decision or whether it is a bad decision, although, in my view, Daubert is a pretty good decision ...
Evidence Review: The Past Year in the Eighth Circuit, Plus Daubert
(Creighton University School of Law, 1995)
FIRST PARAGRAPH(S)|A(1). Timely Objection; Rule 103: United States v. Zerba. Black-Letter Law: (1) An objection after the question has been answered is not a timely objection. (2) Absent plain error, an untimely objection ...
Presumptions: 350 Years of Confusion and It Has Come to This
(Creighton University School of Law, 1992)
INTRODUCTION|Here is the bottom line on presumptions. They are inextricably confused devices used to move burdens from one party to another and to allow judges to comment on the value of evidence. The burden of production ...
Three Perspectives of the Law: Advice to the Young Lawyer
(Creighton University School of Law, 1998)
INTRODUCTION|In a recent issue, the National Law Journal profiled two judicial opinions as significant. In the first, the Eighth Circuit Court of Appeals affirmed a search and seizure case out of the Western District of ...
Privileges, Hearsay, and Other Matters
(Creighton University School of Law, 1997)
FIRST PARAGRAPH(S)|Let me start this update of the past year's activity in the law of Evidence, in the United States Court of Appeals for the Eighth Circuit and the United States Supreme Court, with the topic of privileges. ...
Creighton Lawyer Fall 1995
Creighton Lawyer Fall 1996
Creighton Lawyer Spring 1994
Law professor reveals shocking truth about hearsay
This article exposes shocking, never-before-revealed truths about hearsay evidence. In my study of the rule, leading to my book (THE HEARSAY RULE, 2d edition, published in 2009 by Carolina Academic Press) I have discovered ...
Presumptions: 350 years of confusion and it has come to this
The title of this article — Presumptions: 350 Years of Confusion and It Has come to This — is pretty much self-explanatory. The article begins with “the bottom line on presumptions. They are inextricably confused devices ...