Prior statements of a witness: a nettlesome corner of the hearsay thicket
The US Supreme Court's decision in Tome v. United States expressed support for a broad interpretation of the prior consistent statements hearsay exception, but the Court did not address the implications such testimony can have for the defendant's right to confront witnesses. If the prior statements of a witness are introduced into evidence but the witness does not confirm that testimony, the defendant has little opportunity to cross-examine. The varying scope of testimony, as well as the confrontation issues, calls into question whether a categorical hearsay rule is appropriate.
Publication Name: Supreme Court Review
Resolving the conflict of the unsworn witness: a framework for disqualifying house counsel under the advocate-witness rule
Tension between an organized crime defendant's right to counsel and rules requiring attorney disqualification in cases where the attorney will either appear as a witness or is sufficiently linked to the charges to make the attorney an interested, unsworn party, can be reconciled by employing a case by case balancing test. Such a test would balance the harm to the defendant if disqualification is allowed against the harm to the justice system if an attorney interested in the outcome of a criminal conspiracy case is allowed to proceed.
Publication Name: New York University Law Review
Resolving cases of patient abuse in health-care facilities
Questions important in the arbitration of cases of nursing home patient abuse include the exact definition of such abuse, the role of provocation, and the existence of a clear disciplinary policy of the nursing home management. All of these are important in the arbitrator's decision to reverse the discipline of an employee. Management's fair and complete investigation of the alleged violation is also important.
Publication Name: Dispute Resolution Journal
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