A new day for DNA? Despite widespread acceptance, admissibility standards vary
Article Abstract:
US v Jakobetz dealt with the admissibility of DNA evidence. The judges' decision to admit the evidence was based on two factors. The first was the 'Frye' test, namely, whether a technique has gained general acceptance in its field. The second was relevance, namely, whether the evidence's materiality and reliability outweighed its tendency to unfairly prejudice the defendant. Some 25 states and two federal courts have considered DNA evidence admissibility, and the standards applied have varied.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
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Trademarks; attorneys exempt from liability
Article Abstract:
The 3d Circuit has ruled in Electronic Laboratory Supply Co v. Cullen that lawyers who prepare a trademark application cannot be charged with unauthorized ex parte seizure according to the Lanham Act. Motorola Corp attorneys had sought ex parte seizure against a company they suspected of selling Motorola semiconductors abroad. The company sued for wrongful seizure, but the court held that a close reading of the Lanham Act indicated a legislative intent to exempt lawyers.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1993
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How high the risk? The Third Circuit sets liability standards for jail-house suicides
Article Abstract:
The Third Circuit upheld a wrongful death verdict against the city of Philadelphia in a jail suicide and clarified standards for municipal liability. The court held that the policy-setting officials, rather than jail personnel, were the proper focus for litigation, since policy makers could act to reduce suicides among jail inmates.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
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- Abstracts: Free enterprise in a free world: 10-year life expectancy under laissez-faire. part 2 FTC hearings on the changing nature of competition: technological innovation and new global rivalry
- Abstracts: The exclusive treaty power revisited. Taking treaties less seriously. The United States and its treaties: observance and breach
- Abstracts: Small claims; why does the Court take on those "little" cases? The calculus of rationality; reviewing the sentencing guidelines
- Abstracts: New civil rights act; law reverses several recent high court decisions. Seeking deliverance; coalition in Congress moves to reverse Supreme Court on religious freedom