Articles Posted in Up Periscope

Justice Scalia’s new book, “Reading Law: The Interpretation of Legal Texts,” is available. Here’s the puff piece from Amazon. In this groundbreaking book by best-selling authors Justice Antonin Scalia and Bryan A. Garner, all the most important principles of constitutional, statutory, and contractual interpretation are systematically explained in an engaging and informative style-including several hundred…

The July issue of The Jury Expert is now on-line. There are several items of interest to the trial practitioner. I was always told: Tell ‘em what you’re going to tell ‘em; Tell ‘em; Tell ‘em what you told ‘em; Sit down. But now there’s a different perspective about what is characterized as, “an old…

As of July 1, the Virginia Department of Criminal Justice Services has promulgated new model policies regarding eyewitness identification, including photo line-ups, following a study that was done showing how many mistaken IDs there are. By statute, all police departments are required to have a policy regarding both live and photo line-ups 19.2-390.02, though the…

To Err is Human: Using Science to Reduce Mistaken Eyewitness Identifications Through Police Lineups by Maureen McGough Solving Sexual Assaults: Finding Answers Through Research by Nancy Ritter

The Importance of James Otis Thomas K. Clancy West Virginia University College of Law; University of Mississippi School of Law July 17, 2012 Mississippi Law Journal, Vol. 82, 2012 Abstract: Historical analysis remains a fundamentally important tool to interpret the words of the Fourth Amendment and no historical event is more important that James Otis’…

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Acute Suggestibility in Police Interrogation: Self-Regulation Failure as a Primary Mechanism of Vulnerability, Deborah Davis, University of Nevada, Reno, Richard A. Leo, University of San Francisco – School of Law, 2012 Anne Ridley, ed., Investigative Suggestibility: THEORY, RESEARCH AND APPLICATIONS (John Wiley & Sons, Ltd. 2012) Univ. of San Francisco Law Research Paper Abstract: This…

Cloud computing, the cloud, saving trees. Here’s a link to the new Florida court rules for service of documents on counsel in a case. The next step shouldn’t be much harder – allowing public access to filings in the same was as PACER. h/t Rick Georges.

We don’t have this come up too often because of the nature of our clients. Luce v. United States, 469 U.S. 38 (1984), held that if a trial court determines that the prosecution will be able to impeach a defendant through his prior convictions under Federal Rule of Evidence 609(a) in the event that he…

We all know that a defense counsel (and for that matter trial counsel) should not trust what comes out of a military drug lab, USACIL, or DCFL – I won’t rehash the problems over the years – which may well be continuing. While the problems have been substantial, DOD and courts have been quite happy…