Friday, July 26, 2013
When petitioner had not yet been placed in custody or received Miranda warnings, and voluntarily responded to some questions by police about a murder, the prosecution’s use of his silence in response to another question as evidence of his guilty at trial did not violate the Fifth Amendment because petitioner failed to expressly invoke his privilege not to incriminate himself in response to the officer's question.
could lead to more informal questionings where it becomes the suspect’s word against the police. In Indiana, this is less of a problem since Rule of Evidence 617 requires such questionings to be electronically recorded.
Let's take a closer look at Indiana Rule of Evidence 617.
Thursday, July 25, 2013
Wednesday, July 24, 2013
Meanness in This World: How Nebraska's Sexual Character Evidence Rule Differs From Its Federal Counterpart
Last fall, I wrote an essay, Bullshit!: Why the Retroactive Application of Federal Rules of Evidence 413-414 and State Counterparts Violates the Ex Post Facto Clause. The essay argued that the Supreme Court of Nebraska's retroactive application of Nebraska Rule of Evidence 414(1) violated the Ex Post Facto Clause. In today's post, I wil actually say something nice about Nebraska's Rule.
Tuesday, July 23, 2013
Three Forthcoming Articles of Interest: Limits on Forensic Testimony; Deliberative Privilege; and Admissibility of Facebook "Likes"
Jurimetrics, Vol. 53, No. 1, Fall 2012
Edward J. Imwinkelried (University of California, Davis)
Molly D. McPartland
Iowa Law Review, Forthcoming (student note)
Abstracts Below the Fold
Monday, July 22, 2013
Back in May 2009, I posted the initial Submission Guide For Online Law Review Supplements at SSRN. At the time, online law review supplements were a relatively new trend and a rarity at top law schools. Those days are over. By my count, there are now 49 online law review supplements, including (according to U.S. News), online law review supplements at:
∙10 of the top 10 schools;
∙19 of the top 20 schools;
∙23 of the top 30 schools;
∙28 of the top 40 schools; and
∙32 of the top 50 schools.
You can download a copy of the Submission Guide For Online Law Review Supplements, Version 7.0 by clicking here. The new additions for Version 7.0 are: