EvidenceProf Blog

Editor: Colin Miller
Univ. of South Carolina School of Law

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Saturday, January 29, 2011

Hearing Loss: U.S. Court Of Appeals For Veterans Claims Uses Rule 803(7) To Prove Patient's Lack Of Service-Related Tinnitus

Federal Rule of Evidence 803(7) provides an exception to the rule against hearsay for 

Evidence that a matter is not included in the memoranda reports, records, or data compilations, in any form, kept in accordance with the provisions of paragraph (6), to prove the nonoccurrence or nonexistence of the matter, if the matter was of a kind of which a memorandum, report, record, or data compilation was regularly made and preserved, unless the sources of information or other circumstances indicate lack of trustworthiness.

And, as the recent opinion of the United States Court of Appeals for Veterans Claims in Perkins v. Shinseki, 2011 WL 182653 (Vet.App. 2011), makes clear, the lack of evidence of symptoms in contemporaneous medical records can be admitted under Rule 803(7) to prove the nonoccurrence of such a condition.

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January 29, 2011 | Permalink | Comments (0) | TrackBack (0)

Friday, January 28, 2011

AALS Poster Project: Elizabeth Burleson's Energy Innovation: International Law and the UN

Elizabeth Burleson presented the poster Energy Innovation: International Law and the UN (Download Burleson Poster):

Burleson Poster(1)

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January 28, 2011 | Permalink | Comments (0) | TrackBack (0)

Thursday, January 27, 2011

AALS Poster Project: Emily Zimmerman's Do Law Students Want Multiple Graded and Ungraded Assignments? Results from an Empirical Research Project

Emily Zimmerman presented the poster Do Law Students Want Multiple Graded and Ungraded Assignments? Results from an Empirical Research Project ( Download Zimmerman Poster):

Zimmerman Poster(2)

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January 27, 2011 | Permalink | Comments (0) | TrackBack (0)

Wednesday, January 26, 2011

AALS Poster Project: Judith FIscher's Got Issues? An Empirical Study about Framing Them

Judith Fischer presented the poster Got Issues? An Empirical Study about Framing Them (Download Fischer Poster):

Fischer Poster(2)

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January 26, 2011 | Permalink | Comments (0) | TrackBack (0)

Tuesday, January 25, 2011

AALS Poster Project: Gwynne Skinner's Human Rights Litigation: Hamad v. Gates, et al

Gwynne Skinner presented the poster, Human Rights Litigation: Hamad v. Gates, et al (Download Skinner Poster):

Skinner Poster(2)

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January 25, 2011 | Permalink | Comments (0) | TrackBack (0)

Monday, January 24, 2011

AALS Poster Project: Sabrina DeFabritiis' Barking Up The Wrong Tree: Companion Animals, Emotional Damages And The Judiciary's Failure To Keep Pace

Sabrina DeFabritiis presented the poster Barking Up The Wrong Tree: Companion Animals, Emotional Damages And The Judiciary's Failure To Keep Pace (Download DeFabritiis Poster):

DeFabritiis Poster(1)

 

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January 24, 2011 | Permalink | Comments (0) | TrackBack (0)

Sunday, January 23, 2011

AALS Poster Project: Victoria Sutton's Biosecurity Codes and Ethics, BWC Participants 2009

Victoria Sutton presented the poster Survey: Biosecurity Codes and Ethics, BWC Participants 2009 (Download Sutton Poster):

Slide1

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January 23, 2011 | Permalink | Comments (0) | TrackBack (0)