Nov

9

The Verdict? A Very Successful Civil Trial Conference

Posted by: Daniel D. Blinka | November 9, 2009 | Leave a Comment

One of this Law School’s most noteworthy legacies is its production of many of the region’s most outstanding trial lawyers.  The legacy was fully evident on Friday, November 6, 2009 at the Civil Trial Evidence and Litigation Conference.  The sold-out event served as a “last call for Sensenbrenner Hall” of sorts while featuring a panel [...]

Oct

31

Seventh Circuit Criminal Case of the Week: Of Hearsay and Bootstraps

Posted by: Michael M. O'Hear | October 31, 2009 | 1 Comment

The court staked out no new legal ground in its opinions last week, so I’ll just briefly describe a case that nicely illustrates a classic problem in evidence law.  Based on information provided by a confidential informant, Milwaukee police stopped a Ford Excursion on suspicion of drug activity.  Inside were Marc Cannon (the driver), David Harris (Cannon’s cousin), [...]

Oct

26

Seventh Circuit Criminal Case of the Week: Other Bad Acts and the “Intricately Related” Doctrine

Posted by: Michael M. O'Hear | October 26, 2009 | Leave a Comment

Criminal law and procedure are structured around the act requirement: a defendant is prosecuted for performing a specifically identified unlawful act, the criminal trial is designed to determine whether the defendant actually committed that act, and, once the defendant has been convicted and punished, we commonly say that he has paid his debt to society and should be [...]

Oct

16

California Appeals Court Overturns “Objectionable” Employment Discrimination Decision

Posted by: Paul M. Secunda | October 16, 2009 | Leave a Comment

As reported by California Case Law (via a tip by friend of the blog, Jack Sargent), the imponderable case of Nazir v. United Airlines, Inc., No. A121651 (Cal. App. Ct. October 8, 2009):
In plaintiff’s race and employment discrimination lawsuit against United Airlines, the trial court’s grant of summary judgment in favor of defendants is [...]

Jun

5

Confrontation Avoidance? Part I: A Good Article to Read While Waiting

Posted by: Daniel D. Blinka | June 5, 2009 | Leave a Comment

Like nearly every criminal lawyer, I eagerly await – and wait and wait – for the Supreme Court’s long overdue decision in Melendez-Diaz v. Massachusetts (07-591), the only case outstanding from the Court’s November sitting (per SCOTUSBLOG).  The case addresses the prosecution’s use of crime laboratory reports against the accused without testimony by the person [...]

May

2

An “Incredible” New Evidence Article

Posted by: Michael M. O'Hear | May 2, 2009 | Leave a Comment

I’ve been reading a fascinating new article by Dan Blinka entitled “Why Modern Evidence Law Lacks Credibility.”  (A draft can be downloaded from SSRN here.)  Dan is exploring the clumsy handling of witness credibility issues in the rules of evidence.  A major theme is the tension between, on the one hand, the teachings of modern psychology [...]