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Part of the Evidence Commons

2022

Limiting Limited Liability: Requiring More Than Mere Subsequence Under Federal Rule of Evidence 407, Cynara Hermes McQuillan
Scholarly Works

Requiring What’s Not Required: Circuit Courts Are Disregarding Supreme Court Precedent and Revisiting Officer Inadvertence in Cyberlaw Cases, Michelle Zakarin
Scholarly Works

2020

Herman Melville’s Billy Budd: Why This Classic Law and Literature Novel Endures and is Still Relevant Today, Rodger Citron
Rodger Citron

Herman Melville’s Billy Budd: Why This Classic Law and Literature Novel Endures and is Still Relevant Today, Rodger Citron
Touro Law Review

In General Public Use: An Unnecessary Test in Fourth Amendment Searches Using Advanced Sensing Technology, Mike Petridis
Touro Law Review

2019

Due Process People v. Scott (decided June 5, 1996),
Touro Law Review

Why Not Believe Women in Sexual Assault Cases?: an Engagement with Professors Tuerkheimer, Colb, and Many Others, Dan Subotnik
Dan Subotnik

2018

Whether the Bright-Line Cut-Off Rule and the Adversarial Expert Explanation of Adaptive Functioning Exacerbates Capital Juror Comprehension of the Intellectual Disability, Leona Deborah Jochnowitz
Touro Law Review

Why Not Believe Women in Sexual Assault Cases?: An Engagement with Professors Tuerkheimer, Colb, and Many Others, Dan Subotnik
Touro Law Review

Diamonds in the Rough: A Review of Tiffany v. Costco and a Call to Apply Daubert to the Admissibility of Consumer Survey Evidence in Trademark Infringement Litigation, Michael J. Borger
Touro Law Review

2017

That's What She Said: An Evaluation of Whether Hearsay Exceptions Should Be Permitted in Accusatory Instruments, Andrea Laterza
Touro Law Review

2016

Billy Joel: The Minstrel Testifies or How the Rules of Evidence Handcuff the Piano Man, Hon. Richard A. Dollinger
Touro Law Review

"Gatekeeping" Agency Reliance on Scientific and Technical Materials After Daubert: Ensuring Relevance and Reliability in the Administrative Process, Paul S. Miller, Bert W. Rein
Touro Law Review

2015

Trial Evidence Brought to Life: Illustrations from Famous Trials, Film and Fiction, Martin Schwartz
Martin A. Schwartz

Common Ignorance: Medical Malpractice Law and the Misconceived Application of the “Common Knowledge” and “Res Ipsa Loquitur” Doctrines, Amanda E. Spinner
Touro Law Review

Determining When Extrinsic Evidence Not Attached to or Incorporated by Reference in a Pleading May Be Considered on a Rule 12 Dismissal Motion, Laurence A. Steckman, Rita D. Turner
Touro Law Review

Trial Evidence Brought to Life: Illustrations from Famous Trials, Film and Fiction, Martin A. Schwartz
Scholarly Works

2014

Supreme Court's Analysis of Issues Raised by Death Penalty Litigants in the Court's 2004 Term, Richard Klein
Touro Law Review

The Psychotherapist-Patient Privilege, Michael L. Orenstein
Touro Law Review

Evidentiary Use of Photographic Identification: Is It Time for New York to Reevaluate Its Singular Exception?, Daniela Giordano
Touro Law Review

Putting the Cat Back in the Bag: Involuntary Confessions and Self-Incrimination, Joseph A. Iemma
Touro Law Review

You Blew It: The Confrontation Clause & Breathalyzers as Testimonial Evidence, Stephanie Tuorto
Touro Law Review

Appellate Division, First Department, People v. Bradley, Kathleen Egan
Touro Law Review

Supreme Court, Bronx County, People v. Paul, Adam D'Antonio
Touro Law Review

Supreme Court, New York County, People v. Vasquez, Jessica Goodwin
Touro Law Review

Court of Appeals of New York, In the Matter of Nassau County Grand Jury Subpoena Duces Tecum Dated June 24, 2003 "Doe Law Firm" v. Spitzer, Christin Harris
Touro Law Review

SHIELD LAW - The Qualified Privilege of Newscasters & Journalists in Non-Confidential News - Court of Appeals of New York - People v. Combest, 828 N.E.2d 583 (N.Y. 2005), Albert V. Messina Jr.
Touro Law Review

Section 1983 Civil Rights Litigation from the October 2006 Term, Martin Schwartz
Martin A. Schwartz

Court of Appeals of New York - People v. Nieves-Andino, Jason Gines
Touro Law Review

Appellate Division, Fourth Department, People v. Hall, Eric Pack
Touro Law Review

Supreme Court, New York County, Hughes v. Farrey, Eric Pack
Touro Law Review

Appellate Division, Third Department, People v. Smith, Jennifer Belk
Touro Law Review

Supreme Court of New York, Bronx County, People v. Womack, Barry M. Frankenstein
Touro Law Review

Absolute Immunity: General Principles and Recent Developments, Erwin Chemerinsky
Touro Law Review

It's Reasonable to Expect Privacy When Watching Adult Videos, Matthew Leonhardt
Touro Law Review

Is New York Achieving More Reliable and Just Convictions When the Admissibility of a Suggestive Pretrial Identification is at Issue?, Matthew Gordon
Touro Law Review

Prearraignment Lineup Procedures: Are Multiple Lineups Unduly Suggestive or Sufficiently Reliable?, Jared R. Artura
Touro Law Review

The Federal Retreat from Protecting Defendants From Tainted Show-Up Identifications and the Superiority of New York's Approach, Stephan Josephs
Touro Law Review

Admissibility of Field Test Results at Trial to Prove Intoxication, Vincent J. Costa
Touro Law Review

Conflicting Confrontation Clause Concerns: The Admissibility of Hospital Records Versus a Defendant's Right to Confrontation, Susan Barlow
Touro Law Review

2013

Trances, Trials, and Tribulations; Symposium Comparing New York and Federal Evidence Law, Gary Shaw
Gary M. Shaw

Canudo on Evidence: Laws of New York, Gary Shaw
Gary M. Shaw

Rape Shield Laws and the Social Media Revolution: Discoverability of Social Media--It's Not Private, Seth I. Koslow
Touro Law Review

Fifth Amendment Protection for Public Employees: Garrity and Limited Constitutional Protections from Use of Employer Coerced Statements in Internal Investigations and Practical Considerations, J. Michael McGuinness
Touro Law Review

Analysis of Videotape Evidence in Police Misconduct Cases, Martin A. Schwartz, Jessica Silbey, Jack Ryan, Gail Donoghue
Martin A. Schwartz

The Military Trial at Rennes: Text and Subtext of the Dreyfus Affair, Vivian G. Curran
Touro Law Review

Book Review: Errol Morris, “A Wilderness of Error”: Provocative but Unpersuasive, Richard C. Cahn
Touro Law Review

Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’s Conference in Paris on the Dreyfus Affair and the Leo Frank Trial, Rodger D. Citron
Rodger Citron

Due Process in American Military Tribunals After September 11, 2001, Gary Shaw
Gary M. Shaw

The Admissibility of Hypnotically Enhanced Testimony in Criminal Trials, Gary Shaw
Gary M. Shaw

Considering the Libel Trial of Émile Zola in Light of Contemporary Defamation Doctrine, Peter A. Zablotsky
Peter Zablotsky

Someone Call 911, Crawford is Dying - People v. Duhs, Caroline Knoepffler
Touro Law Review

Confronting the Confrontation Clause: Addressing the Unanswered Question of Whether Autopsy Reports are Testimonial Evidence - People v. Hall, Bailey Ince
Touro Law Review

Canudo on Evidence: Laws of New York, Gary Shaw
Scholarly Works

Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’s Conference in Paris on the Dreyfus Affair and the Leo Frank Trial, Rodger D. Citron
Touro Law Review

2012

The (In)Admissibility of False Confession Expert Testimony, David A. Perez
Touro Law Review

Trial Evidence 2011: Advocacy, Analysis, & Illustrations, Martin A. Schwartz, Deborah Jones Merritt, William G. Young
Martin A. Schwartz

The Supreme Court 2009 Term Overview and 2010 Term Preview, Erwin Chemerinsky, Joan Biskupic, Martin A. Schwartz, Leon Friedman
Martin A. Schwartz

Impeachment Methods Illustrated: Movies, Novels, and High Profile Cases, Martin A. Schwartz, John Nicodemo
Martin A. Schwartz

The Psychotherapist and the Attorney/Client Privileges as They Arise in Civil Rights Disputes, Lewis M. Wasserman
Touro Law Review

Do Automobile Passengers Have a Legitimate Expectation of Privacy? An Analysis of Reasonable Expectation Under The Fourth Amendment - People v. Howard, Lisa Belrose
Touro Law Review

Roving Border Patrols In New York – Sometimes the Drug Smuggler Does Not Get Convicted: The Legal Limitations Regarding Vehicle Stops and Consent Searches Based Upon Reasonable Suspicion - People v. Banisadr, Robert Mitchell
Touro Law Review

Vehicle Checkpoints: The Ever-Expanding Array of Purposes for Which a Vehicle May be Stopped - People v. Gavenda, Jan Lucas
Touro Law Review

Trial Error Blunder: Compounded Use of Defendant’s Post-Arrest Silence for Impeachment and Summation Purposes is Not Harmless - People v. Tucker, Robert Mitchell
Touro Law Review

New York’s Grant of Greater Fifth Amendment Rights to Sexual Predators in SOMTA Proceedings - New York v. Suggs, Lina R. Carbuccia
Touro Law Review

Turn-Coat Disclosure: The Importance of Following Procedure - Turturro v. City of New York, Brittany A. Fiorenza
Touro Law Review

Eavesdropping Under New York and Federal Law: How New York is Departing from Long-Standing Interpretations Mirroring Federal Law - People V. Rabb, Bailey Ince
Touro Law Review

An Unappealing Decision for New York DWI Defendants - People v. Pealer, Christopher Gavin
Touro Law Review

The Decline of the Confrontation Clause in New York - People v. Encarnacion, Anthony Fasano
Touro Law Review

Testimonial Statements: The Death of Dying Declarations? - People v. Clay, Sarah R. Gitomer
Touro Law Review

Eliminating Political Maneuvering: A Light in the Tunnel for the Government Attorney-Client Privilege, Patricia E. Salkin, Allyson Phillips
Patricia E. Salkin

Social Media, The Sixth Amendment, and Restyling: Recent Developments in the Federal Laws of Evidence, Deborah Jones Merritt
Touro Law Review

Silencing the Victims in Child Sexual Abuse Prosecutions: The Confrontation Clause and Children's Hearsay Statements Before and After Michigan v. Bryant, Deborah Paruch
Touro Law Review

It’s In the Bag: Voluntariness, Scope, and the Authority to Grant Consent - United States v. Harris, Daniel Fier
Touro Law Review

The Inevitable Discovery Rule - Justice Served or Justice Thwarted? - People v. Pinckney, Danielle M. Hansen
Touro Law Review

Search and Seizure: New York vs. Federal Approach - People v. Keita, Tillie S. Mirman
Touro Law Review

Trial Evidence 2011: Advocacy, Analysis, & Illustrations, Martin A. Schwartz, Deborah Jones Merritt, William G. Young
Touro Law Review

Considering the Libel Trial of Émile Zola in Light of Contemporary Defamation Doctrine, Peter A. Zablotsky
Touro Law Review

Due Process in American Military Tribunals After September 11, 2001, Gary Shaw
Touro Law Review

Impeachment Methods Illustrated: Movies, Novels, and High Profile Cases, Martin A. Schwartz, John Nicodemo
Touro Law Review

2011

Wild Dreamers: Meditation on the Admissibility of Dream Talk, Louise Harmon
Louise Harmon

Etchings on Glass: Reflections on the Science of Proof, Louise Harmon
Louise Harmon

Kumho Tire Co. v. Carmichael: The Supreme Court Follows Up on the Daubert Test, Martin A. Schwartz
Martin A. Schwartz

Admissibility of Investigatory Reports in § 1983 Civil Rights Actions - A User's Manual, Martin A. Schwartz
Martin A. Schwartz

From Undermining Child Protection Statutes to Creating Exceptions to Prohibitions Against Racial Discrimination in Public Accommodations: The Unsettling Consequences of Mischaracterizing the Police Reporting Privilege, Peter Zablotsky
Peter Zablotsky

The Business Records Exception to the Hearsay Rule - New is Not Necessarily Better, Sidney Kwestel
Sidney Kwestel

The Talmudic Rule Against Self-Incrimination and the American Exclusionary Rule: A Societal Prohibition Versus an Affirmative Individual Right, Suzanne Darrow Kleinhaus
Suzanne Darrow Kleinhaus

2009

Analysis of Videotape Evidence in Police Misconduct Cases, Martin A. Schwartz, Jessica Silbey, Jack Ryan, Gail Donoghue
Touro Law Review

2008

Section 1983 Civil Rights Litigation from the October 2006 Term, Martin Schwartz
Touro Law Review

2006

From Undermining Child Protection Statutes to Creating Exceptions to Prohibitions Against Racial Discrimination in Public Accommodations: The Unsettling Consequences of Mischaracterizing the Police Reporting Privilege, Peter Zablotsky
Scholarly Works

Eliminating Political Maneuvering: A Light in the Tunnel for the Government Attorney-Client Privilege, Patricia E. Salkin, Allyson Phillips
Scholarly Works

2004

Wild Dreamers: Meditation on the Admissibility of Dream Talk, Louise Harmon
Scholarly Works

2001

The Talmudic Rule Against Self-Incrimination and the American Exclusionary Rule: A Societal Prohibition Versus an Affirmative Individual Right, Suzanne Darrow-Kleinhaus
Scholarly Works

2000

Sati, Louise Harmon
Louise Harmon

Kumho Tire Co. v. Carmichael: The Supreme Court Follows Up on the Daubert Test, Martin A. Schwartz
Scholarly Works

Kumho Tire Co. v. Carmichael: The Supreme Court Follows Up On the Daubert Test, Martin A. Schwartz
Touro Law Review

1999

The Harvest, Louise Harmon
Louise Harmon

Etchings on Glass: Reflections on the Science of Proof, Louise Harmon
Scholarly Works

The Business Records Exception to the Hearsay Rule - New is Not Necessarily Better, Sidney Kwestel
Scholarly Works

IOLA and Daubert (Symposium: The Supreme Court and Local Government Law: The 1997-98 Term), Leon D. Lazer
Scholarly Works

IOLA and Daubert, Leon D. Lazer
Touro Law Review

1996

Rule 704: Opinion on Ultimate Issue,
Touro Law Review

Rule 408: Compromise and Offers to Compromise,
Touro Law Review

A Comparison and Analysis of the Federal Rules of Evidence and New York Evidentiary Law, The Editors
Touro Law Review

Rule 803(4): Statements for Purposes of Medical Diagnosis or Treatment,
Touro Law Review

Rule 407: Subsequent Remedial Measures,
Touro Law Review

Admissibility of Investigatory Reports in § 1983 Civil Rights Actions - A User's Manual, Martin A. Schwartz
Scholarly Works

Rule 803(8)(C): Public Records and Reports,
Touro Law Review

Rule 803(3): Then Existing Mental, Emotional, or Physical Condition,
Touro Law Review

Admissibility of DNA Evidence,
Touro Law Review

Rule 1001: The "Original Document" Rule,
Touro Law Review

Rule 901: Requirement of Authentication or Identification,
Touro Law Review

Rule 804(b)(1): Former Testimony,
Touro Law Review

Rule 803(18): Learned Treatises,
Touro Law Review

Rule 803(1): Present Sense Impression,
Touro Law Review

Rule 801(d)(1): Prior Statement by Witness,
Touro Law Review

Rule 702: Testimony by Experts,
Touro Law Review

Rule 701: Opinion Testimony by Lay Witnesses,
Touro Law Review

Rule 607: Who May Impeach,
Touro Law Review

Rule 601: General Rule of Competency,
Touro Law Review

Rule 412: Sex Offense Cases; Relevance of Alleged Victim's Past Sexual Behavior or Alleged Sexual Disposition,
Touro Law Review

Rule 405: Methods of Proving Character,
Touro Law Review

1994

Trances, Trials, and Tribulations; Symposium Comparing New York and Federal Evidence Law, Gary Shaw
Scholarly Works

Right to Counsel: People v. West,
Touro Law Review

Federal Rule of Evidence 407: Should It Apply to Products Liability?, Patricia A. Brass
Touro Law Review

Employees' Admissions in New York: Time for a Change, David J. Wallman
Touro Law Review

Symposium Comparing New York and Federal Evidence Law: Introduction, Honorable George C. Pratt
Touro Law Review

Expert Testimony, Barry C. Scheck
Touro Law Review

A Comparison Of the Federal and New York State Rape Shield Statutes, Deborah Stavile Bartel
Touro Law Review

Hearsay, The New York and Federal Rules of Evidence: What's the Difference?, Richard T. Farrell
Touro Law Review

Foreword Evidence Symposium: A Comparative Study of Federal and New York Evidence Practice, Honorable Frank X. Altimari
Touro Law Review

Panel Discussion,
Touro Law Review

The Supreme Court Rules on Statements Against Interest, Michael M. Martin
Touro Law Review

Trances, Trials, and Tribulations, Gary M. Shaw
Touro Law Review

Coconspirator Statements and Former Testimony in New York and Federal Courts With Some Comments on Codification, Randolph N. Jonakait
Touro Law Review

A Brief Look at New York's Efforts to Codify Its Law of Evidence, Barbara C. Salken
Touro Law Review

Character Evidence, James L. Kainen
Touro Law Review

1993

Osha Evidence in Federal Court Products Liability Actions: Too Prejudicial to be Admissible to Prove a Machine's Safety or Defect, or Simply Additional Evidence for the Fact Finder?, Michael Siris
Touro Law Review

Constitutional Posture of Canine Sniffs, Lina Shahin
Touro Law Review

1991

Fragments on the Death Watch, Louise Harmon
Louise Harmon

The Admissibility of Hypnotically Enhanced Testimony in Criminal Trials, Gary Shaw
Scholarly Works

Search and Seizure,
Touro Law Review

Search and Seizure,
Touro Law Review

Jurisdiction of the County Court,
Touro Law Review

Due Process,
Touro Law Review

Fourth, Fifth, and Sixth Amendments, William E. Hellerstein
Touro Law Review

1990

Where to Draw the Guideline: Factoring the Fruits of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas
Touro Law Review

1989

Arizona v. Youngblood: Does the criminal defendant lose his Right to Due Process when the State loses Exculpatory Evidence?, Willis C. Moore
Touro Law Review

The Admissibility of Evidence Protected by Noerr-Pennington, Michael Lewyn
Scholarly Works

1988

Administrative Searches For Evidence of Crime: The Impact of New York v. Burger, Perry S. Reich
Touro Law Review

1985

Allen v. the United States of America: The “Substantial” Connection Between Nuclear Fallout and Cancer, Daniel Swartzman, Tom Christoffel
Touro Law Review