DOCSLIB.ORG

The Best of Res Gestae 1971-1974 University of Michigan Law School

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Best of Res Gestae 1971-1974 University of Michigan Law School University of Michigan Law School University of Michigan Law School Scholarship Repository Res Gestae Law School History and Publications 1974 The Best of Res Gestae 1971-1974 University of Michigan Law School Follow this and additional works at: http://repository.law.umich.edu/res_gestae Part of the Legal Education Commons Recommended Citation University of Michigan Law School, "The Best of Res Gestae 1971-1974" (1974). Res Gestae. Paper 601. http://repository.law.umich.edu/res_gestae/601 This Article is brought to you for free and open access by the Law School History and Publications at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Res Gestae by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. The Best 01 . ·-· . - RE'·---- S. GESTAE . X97X · X974 CONTENTS .......•.•..••. 22, 1971) .•..•.•.••••.......1 .•..••......••..••...•.. 29, 1971) 1 Ch i ld�en 's Hour (October 28, 1972) ...•.••..•.•••..••.••..••.••.2 Through The Stained Glass (October •.•••••••..•• •••. 24 , 1971) • 3 Grad2640 ing Code Cracked4, (January 1972) ..••••....•.••••.•..•.•••• •..••.••......3 The Langdell Method - Cartoon (Septemb er •.•• (Octobe� 8, 1971) 4 A.D. (February .•. & & & & & 11, 1972) 4 Help Wanted : Strict Cons25,tinc tio1972nist) ....•....- Cartoon•..•..• •••••. •••••••....•6 Dick Shirley Ted John Gene 25,Geo 1972rge) •.••••... (February•...•• •. .••..•.•••.7 New Bar Review (February 10, 1972) ..•.••.•...••••••.•....••••• ..8 Legal Re form Department (February .•.••••.•.••••••••••. 24 , 1972) 8 Bacchus Bar Review II (March 10, 1972) ·····························9 Reflections Of A 7,Jaund 1972iced) •..•... Eye ••••••(Ma rch •.•••••••••••. .••••••••••• ••..10 Interviewing - Cartoon (Ma rch .•••• 15, 1972) 11 NIT News (A pr il 29, 1972) ••••••••••••••••.•12 The One Tha t Got Away20, 1972or )············First Year Blues·······� (Septe�er·········· ···········13 Bacchus Bar Review Re fresher (Septemb er 16 , 1973) ..•••••••••••••••• 15 Quizzer (October 15, 1972) .••••••.••.•••••••••• 16 A Jury of His Peers - Cartoon3, (Fe1972bruar) ••••y ••• •••••••••.••••••••••••••17 Seisin Street : Contracts8, 197(Se 2)pt .••.emb er..•. .•.••••.••..••••••••••.•.•••.18 Investor 's Corner (November 12, 1973) •.••••.••••.•.•..••••18 In Terrorem (D ecember 3, 1971) •.••••••••••.•.•••.•••.•.•.••..•20 Travels With Reasonab le Man5, (Janua1974) ry.••....•••.•••••.•• ••••••••••••••20 Themis - Drawing (D ecemb er 23 , 1973) ...........................21 Advocate - Drawing (A pril 2, 1973) ••.•...•••••••••••••••.••••••• 2 2 Seisin Street : Torts (February9, 1973) ································23 Restate ment of Exodus (March 23 , 1973) ••••••••.•••.•.24 Fly By Night Travel (Ma rch 20, 1973) •.•.••••••••••..••.•.•••••••25 My Name Is Bernie - I'm An Att27orney, 1973 )(Ma .•.••••••.•••••rch .••••••••••••••26 Law School Course Mart (April 21, 1973) •....•..•• •••••••••••••••.27 Summer Opportunities 14(A pr, il1973) •.••.••.••••.•.•.••. ..•.••..•••.•••••27 Chile Coup - Cartoon (Septemb er21, 1973) .............................29 Mythology (Septemb er 12, 1973) ...•..•...••...••.••..•••..... Creme 30 de la Creme (Septemb er 1, 1971) •..••.•..•••••.••••.•• 31 Legisla tive Report (October 5, 1973) ...••.•••••32 September Peacock - Cartoon (October 28, 1973) ..••.33 Law Library Going Out of Business Sale (Octo.•ber.•••••. •..••••••••••••. 19, 1973) 33 Billy Jean King v. Bobbie Riggs - Cart28,oon 19(Se73)pte ..mb••.er.•.•• •••••••••..33 Agnew Deposed - Cartoon (Octo.•.ber•.•• •.••••.••••••.•••••.••••.•.••.•. 2, 1973) 34 Ethics : T�e Michigan Way (September 5, 1971) ..• •••.••••••••....••..3 6 Ex Libris (November 30, 1973) •.•..•.•••.3 6 Gridd ie Goodies - Cartoon (November 18, 1974) ••••••••••••••••.••.••37 ' RG Presents Wednesday Night.. Footba. ll ..(N • ovembe• .......r ..•.........•....... 1, 1974) . ...... 38 Jonathan Living ston Squash 8,(Janua 1974ry) .••••••••.••••••••••••••••••••••40 A Story (February .•.•••.•••.••••. •••••••••••••••••••••• •••. TV 22, 1974) 40 Late News Briefs (Febru19,ary 19 74) •..•••••••••••••••• ••••••••••••••••••41 On (February The Hierarchy (A pr il 1 HOUR CHILDREN S The taut drama un folds each evening . At about seven the trickle of und er­ graduate fema les turns into a stream and soon virtua lly every place in the Law Library is fi l led . Let the games commence . If you look up often from your casebooks these fa ll nights , you may see many unfami liar fa ces in the ma in reading room . They are usua lly pert, attractive , me ticulously made-up faces and ever so young . It 's a select spillover from the UGLI , come to wash the arid quarters of the law . The preliminaries follow a set ritua l as old as Cook Quadrangle . First she perches at the head of the Library 's inside steps , eyeing the empty cha irs for one wh ich offers an unobstructed view . Usua lly, this means on an aisle , not too deep in , and facing the center . Even an unobtrusive saunter to the chosen spot puts the less conscientious law students on notice that they wi ll not spend the evening unperturbed . Standing now at her chair , surveying id ly the shelves , she allows more studied inspection . Fina lly seated , she wa its, pretending to read . For an interested law student , the etiquette of first meetings offer s numerous MR alternatives . Like one : suppose she is seated by the SW2d reporters. You hustle over to those shelves, Cour t Room Pad in hand , and pu ll down a volume . Poring over an Oklahoma acquiesced-in line fence dispute may not sound intriguing , but it 's important to seem intent . Some page riffling , then concerted reading (possibly with head in hand ) adds to the effect . Finally , you look up , lost in thought , and wh at should rivet your attention but th is nubile jewel. Striking up a conversation is no prob lem . Say she 's reading an economics textbook . The barest pretext will suffice. "Excuse me , but are you reading Samue lson there?" "Yeah , it 's probab ly better than Lipsey and Steiner ." "Say, Steiner 's on the law faculty here. I had him for a seminar last term." "Oh really. What 's he like? I want to take his graduate macro-economics Uh, course next sem1 ester." "Well, he s a very comp lex guy . got a minute? Maybe I could tell you over a cup of coffee at Dominick 's. Euphemistically enough , this is known as a "study break." Actually undergraduates have good cause to come over to the Library . The UGLI probably is ov er-crowded and especia lly turbulent at peak hours . The Law Library, on t�e other hand , wa s perhaps best described in the words of Jennifer Gingersnap, a sophomore Polyphony ma jor from Birmingham , "The place is like a cathedra l with these high ceilings ; it ma kes me feel kinda religious to sit in there ." The inva sion is appreciated by ma ny law students as well . Art Lesc lowan, a third-year man, headed for a clerkship under Judge Carsworth , J.P . in Macon County , Georgia (rumored to be under consideration by President Nixon for the High Bench) gave this ob servation : "These girls are already subjected to a process of natural selection . They won't bother to trek over here un less they mean business. It beats computer dating by a long shot ." All in all it appears to be an excellent way to get acqua inted . Has anyone found a place to study? - Joe Serritella I THROUGH THE STA INED GLASS Alice and never have been much for hornb ooks or canned briefs , but we cou ldn 't help taking a short course in the law wh ile strolling pa st the windows on the first floor of Hutchins Hall. Wh omever old Cook commissioned to do the center panel drawings depicting various aspects 1of legal life must have been a celibate fundamentalist Baptist preacher on the side . "Geez , this guy wa s d eath on we lfare recipient..s, " · said.. a A.ltLe:e: pointing to:: showing a squatting beggar with his folded leg hid,ten panel � � ha:Q: O'Yel':-11t' hi.Jtc b:en� knee , and ca ptioned "fraud." Then there wa s another- vignette:· Em:tti:L�led.J �J"y" in which a ragged boy wa s extend ing his cup toward a syrnpathe� lady . "He comes down a little hard on free speech , too ," I reasoned from a pane l ca lled "anarchy" illustrating a soap box speaker before a crowd wi th the U.S . Capitol in the background . "Do you think the local constabu lary fai led to make our preacher-painter 's Mora lity League meetings every week?" questioned Alice in front. of a series of' police-oriented scenes . Over the words "bribery" a cop confronted a shocked family group inside a car , and in another pane l a smirking officer of the law was grabbing a paper from a for lorn newsboy with the line "extortion" written below . Elsewh ere , in a vignette headed "coercion" a righteous looking businessman wa s accepting a ticket reading "police benefit" from yet another cop . Moving on , we couldn 't help noticing the creeping show of misanthropy . "This guy must have had 40 French ma ids troop through his boyhood ,11 I gasped , noting each of the rare windows that depicted women , all acidly. dr.awn . ''Ma le chauvinist pig !" hissed Alice . Not knowing if. that wa s meant for me , . the illustrator , or both , I examined with her anyway the panels marked "disguised , 11' showing women being made-up in a beauty parlor , and me captioned "inheritance" with two haughty-faced veiled women wa iting in a somb er room. Not far away, a mother and daughter were scolding a very sheepish looking man over the title "divorce
Load more

Recommended publications
  • South Carolina Law Review Evidence
    South Carolina Law Review Volume 31 Issue 1 ANNUAL SURVEY OF SOUTH CAROLINA Article 8 LAW 1979 Evidence Joseph Barry Gellman Follow this and additional works at: https://scholarcommons.sc.edu/sclr Part of the Law Commons Recommended Citation Gellman, Joseph Barry (1979) "Evidence," South Carolina Law Review: Vol. 31 : Iss. 1 , Article 8. Available at: https://scholarcommons.sc.edu/sclr/vol31/iss1/8 This Article is brought to you by the Law Reviews and Journals at Scholar Commons. It has been accepted for inclusion in South Carolina Law Review by an authorized editor of Scholar Commons. For more information, please contact [email protected]. Gellman: Evidence EVIDENCE I. RES GESTAE In State v. Blackburn' the supreme court held that facts stated, but not conclusions drawn, by a hearsay declarant are admissible under the res gestae2 exception to the hearsay rule. The court stated that a hearsay statement that "appears to be the product of consideration and reflection ...cannot qualify as ' '3 part of the res gestae. The case arose from circumstances surrounding the death of Pamela Tanner. Ms. Tanner was assaulted, set on fire in her car, and later died as a result of her injuries. At trial, the state sought to show that appellant's motive in allegedly procuring two men to kill Ms. Tanner was to prevent her from testifying against him on charges of arson, housebreaking and grand larceny. Appellant 1. 271 S.C. 324, 247 S.E.2d 334 (1978). 2. The term "res gestae" is one of many chameleonic legal terms the very use of which is problematic because the term lacks precision.
    [Show full text]
  • The Lessons of Regina V. Bedingfield for Modern Confrontation and Domestic Violence Cases
    Fordham Law Review Volume 79 Issue 1 Article 7 November 2011 Sex, Threats, and Absent Victims: The Lessons of Regina v. Bedingfield for Modern Confrontation and Domestic Violence Cases Aviva Orenstein Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Aviva Orenstein, Sex, Threats, and Absent Victims: The Lessons of Regina v. Bedingfield for Modern Confrontation and Domestic Violence Cases, 79 Fordham L. Rev. 115 (2011). Available at: https://ir.lawnet.fordham.edu/flr/vol79/iss1/7 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. ARTICLE SEX, THREATS, AND ABSENT VICTIMS: THE LESSONS OF REGINA V. BEDINGFIELD FOR MODERN CONFRONTATION AND DOMESTIC VIOLENCE CASES Aviva Orenstein* In 2004, Crawford v. Washington, authored by Justice Scalia, revolutionized the law of confrontation by requiring that, aside from two discrete exceptions, all testimonial statements (those made with the expectation that they will serve to prosecute the accused) be subject to cross-examination. This new interpretation of the Sixth Amendment’s Confrontation Clause has profoundly affected domestic violence cases, making it much harder to prosecute them successfully. Although Justice Scalia’s approach to confrontation is new, it is strikingly similar to the analysis in Regina v. Bedingfield, a notorious English murder case, which excluded from the evidence an alleged statement by the murder victim.
    [Show full text]
  • The Expanding Use of the Res Gestae Doctrine
    University of Colorado Law School Colorado Law Scholarly Commons Articles Colorado Law Faculty Scholarship 2009 The Expanding Use of the Res Gestae Doctrine H. Patrick Furman University of Colorado Law School Ann England University of Colorado Law School Follow this and additional works at: https://scholar.law.colorado.edu/articles Part of the Courts Commons, Criminal Law Commons, Evidence Commons, Legal History Commons, and the State and Local Government Law Commons Citation Information H. Patrick Furman & Ann England, The Expanding Use of the Res Gestae Doctrine, Colo. Law., June 2009, at 35, available at http://scholar.law.colorado.edu/articles/258/. Copyright Statement Copyright protected. Use of materials from this collection beyond the exceptions provided for in the Fair Use and Educational Use clauses of the U.S. Copyright Law may violate federal law. Permission to publish or reproduce is required. This Article is brought to you for free and open access by the Colorado Law Faculty Scholarship at Colorado Law Scholarly Commons. It has been accepted for inclusion in Articles by an authorized administrator of Colorado Law Scholarly Commons. For more information, please contact [email protected]. +(,121/,1( Citation: 38 Colo. Law. 35 2009 Provided by: William A. Wise Law Library Content downloaded/printed from HeinOnline Sun Mar 19 16:02:30 2017 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: Copyright Information CRIMINAL LAW The Expanding Use of the Res Gestae Doctrine by H.
    [Show full text]
  • CHARACTER EVIDENCE QUICK REFERENCE Reputation – Opinion – Specific Instances of Conduct - Habit
    CHARACTER EVIDENCE QUICK REFERENCE reputation – opinion – specific instances of conduct - habit Character of the Defendant – 404(a)(1) (pages 14-29) (pages 4-8) * Test: Proper Purpose + Relevance + Time * Test: Relevance (to the crime charged) + Similarity + 403 balancing; rule of inclusion + 403 balancing; rule of exclusion * Put basis for ruling in record (including * Defendant gets to go first w/ "good 403 balancing analysis) character" evidence – reputation or opinion only (see rule 405) * D has burden to keep 404(b) evidence out ^ State can cross-examine as to specific instances of bad character * proper purposes: motive, opportunity, knowledge/intent, preparation/m.o., common * Law-abidingness ALWAYS relevant scheme/plan, identity, absence of mistake/ accident/entrapment, res gestae (anything * General good character not relevant but propensity) * Defendant's character is substantive ^ Credibility is never proper – 608(b), not 404(b) evidence of innocence – entitled to instruction if requested * time: remoteness is less significant when used to show intent, motive, m.o., * D's evidence of self-defense does not knowledge, or lack of mistake/accident - automatically put character at issue * remoteness more significant when common scheme or plan (seven year rule) ^ unless continuous course of conduct, or D is gone * similarity: particularized, but not Character of the victim – 404(a)(2) (pages 8-11) necessarily bizarre ^ the more similar acts are, the less problematic time is * Test: Relevance (to the crime charged) + 403 balancing;
    [Show full text]
  • Death of Res Gestae and Other Developments in Missouri Hearsay Law, The
    Missouri Law Review Volume 60 Issue 4 Fall 1995 Article 8 Fall 1995 Death of Res Gestae and Other Developments in Missouri Hearsay Law, The Amanda Bartlett Mook Follow this and additional works at: https://scholarship.law.missouri.edu/mlr Part of the Law Commons Recommended Citation Amanda Bartlett Mook, Death of Res Gestae and Other Developments in Missouri Hearsay Law, The, 60 MO. L. REV. (1995) Available at: https://scholarship.law.missouri.edu/mlr/vol60/iss4/8 This Note is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Missouri Law Review by an authorized editor of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. Mook: Mook: Death of Res Gestae The Death of Res Gestae and Other Developments in Missouri Hearsay Law Bynote v. National Super Markets, Inc.' I. INTRODUCTION Res gestae is a Latin term that has had many meanings in American courts. Courts have used it when referring to a variety of hearsay exceptions, such as the excited utterance exception, the present sense impression exception, the verbal part of the act doctrine, and statements of mental or physical condition.2 In Bynote v. National Super Markets, Inc., the Missouri Supreme Court determined that the use of the term res gestae should be abandoned in favor of the specific hearsay exceptions it has covered.' The court also held that any requirement of executive capacity to meet the vicarious admission of a party-opponent hearsay exception should be abandoned.4 In addition, the court reviewed Missouri law pertaining to the state of mind and excited utterance hearsay exceptions.' II.
    [Show full text]
  • Rape Shield Laws: Protecting the Victim at the Expense of the Defendant's Constitutional Rights
    NYLS Journal of Human Rights Volume 13 Issue 2 VOLUME XIII WINTER 1997 PART Two Article 7 Winter 1997 RAPE SHIELD LAWS: PROTECTING THE VICTIM AT THE EXPENSE OF THE DEFENDANT'S CONSTITUTIONAL RIGHTS Shawn J. Wallach Follow this and additional works at: https://digitalcommons.nyls.edu/journal_of_human_rights Part of the Law Commons Recommended Citation Wallach, Shawn J. (1997) "RAPE SHIELD LAWS: PROTECTING THE VICTIM AT THE EXPENSE OF THE DEFENDANT'S CONSTITUTIONAL RIGHTS," NYLS Journal of Human Rights: Vol. 13 : Iss. 2 , Article 7. Available at: https://digitalcommons.nyls.edu/journal_of_human_rights/vol13/iss2/7 This Notes and Comments is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Journal of Human Rights by an authorized editor of DigitalCommons@NYLS. RAPE SHIELD LAWS: PROTECTING THE VICTIM AT THE EXPENSE OF THE DEFENDANT'S CONSTITUTIONAL RIGHTS I. Introduction Rape is a crime differentfrom any other,' in part because of the elements of the crime,2 but mostly because of the historical treatment of the crime and its victims.' Traditionally, a crime is defined by examining what the defendant did and what the intended consequences of the crime were.' Rape is different from this standard definition because courts have almost always focused on the victim and only Susan Estrich, Rape,, 95 YALE L.J. 1087, 1093 (1986) (stating that there is no "model statute" solution where rape law is involved because the problem is with our interpretationor our understandingof words in the statute such as "consent" and "will" and "force"); see also Sakthi Murthy, Rejecting UnreasonableSexual Expectations: Limits on Using a Rape Victim's Sexual History to Show the Defendant's Mistaken Belief in Consent, 79 CAL.
    [Show full text]
  • Rape Shield Laws: Protecting the Victim at the Expense of the Defendant's Constitutional Rights
    CORE Metadata, citation and similar papers at core.ac.uk NYLS Journal of Human Rights Volume 13 Issue 2 VOLUME XIII WINTER 1997 PART Two Article 7 Winter 1997 RAPE SHIELD LAWS: PROTECTING THE VICTIM AT THE EXPENSE OF THE DEFENDANT'S CONSTITUTIONAL RIGHTS Shawn J. Wallach Follow this and additional works at: https://digitalcommons.nyls.edu/journal_of_human_rights Part of the Law Commons Recommended Citation Wallach, Shawn J. (1997) "RAPE SHIELD LAWS: PROTECTING THE VICTIM AT THE EXPENSE OF THE DEFENDANT'S CONSTITUTIONAL RIGHTS," NYLS Journal of Human Rights: Vol. 13 : Iss. 2 , Article 7. Available at: https://digitalcommons.nyls.edu/journal_of_human_rights/vol13/iss2/7 This Notes and Comments is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Journal of Human Rights by an authorized editor of DigitalCommons@NYLS. RAPE SHIELD LAWS: PROTECTING THE VICTIM AT THE EXPENSE OF THE DEFENDANT'S CONSTITUTIONAL RIGHTS I. Introduction Rape is a crime differentfrom any other,' in part because of the elements of the crime,2 but mostly because of the historical treatment of the crime and its victims.' Traditionally, a crime is defined by examining what the defendant did and what the intended consequences of the crime were.' Rape is different from this standard definition because courts have almost always focused on the victim and only Susan Estrich, Rape,, 95 YALE L.J. 1087, 1093 (1986) (stating that there is no "model statute" solution where rape law is involved because the problem is with our interpretationor our understandingof words in the statute such as "consent" and "will" and "force"); see also Sakthi Murthy, Rejecting UnreasonableSexual Expectations: Limits on Using a Rape Victim's Sexual History to Show the Defendant's Mistaken Belief in Consent, 79 CAL.
    [Show full text]
  • Res Gestae, the Present Sense Impression Exception and Extrinsic Corroboration Under Federal Rules of Evidence 803(1) and Its State Counterparts, 17 Fordham Urb
    Fordham Urban Law Journal Volume 17 | Number 1 Article 4 1988 Res Gestae, The rP esent Sense Impression Exception and Extrinsic Corroboration Under Federal Rules of Evidence 803(1) and Its State Counterparts William Gorman Passannante Follow this and additional works at: https://ir.lawnet.fordham.edu/ulj Part of the Evidence Commons Recommended Citation William Gorman Passannante, Res Gestae, The Present Sense Impression Exception and Extrinsic Corroboration Under Federal Rules of Evidence 803(1) and Its State Counterparts, 17 Fordham Urb. L.J. 89 (1988). Available at: https://ir.lawnet.fordham.edu/ulj/vol17/iss1/4 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Urban Law Journal by an authorized editor of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. RES GESTAE, THE PRESENT SENSE IMPRESSION EXCEPTION AND EXTRINSIC CORROBORATION UNDER FEDERAL RULE OF EVIDENCE 803(1) AND ITS STATE COUNTERPARTS I. Introduction The present sense impression exception to the hearsay rule is being robbed of its utility. The exception is burdened with an unnecessary additional requirement of extrinsic corroboration. Res gestae,1 a term regarded with disdain by many evidence scholars,2 may present a so- lution to this difficult problem which arises in the application of the Federal Rules of Evidence and its state analogues. The disdain sur- rounding res gestae is due primarily to its vague and inaccurate us- age.3 Federal Rules of Evidence 803(l),' (2), s and (3)6 share a 1.
    [Show full text]
  • Rape Shield Evidence and the Hierarchy of Impeachment
    ARTICLES RAPE SHIELD EVIDENCE AND THE HIERARCHY OF IMPEACHMENT Rosanna Cavallaro* INTRODUCTION The federal rape shield law creates a bar against the use of evidence of ªother sexual behaviorº of a complainant in a rape case, permitting such evidence only within strictly de®ned circumstances.1 Unlike most other evidentiary rules of exclusion, which de®ne an impermissible use of otherwise relevant evidence but do not purport to enumerate an exhaustive list of permissible uses, Rule 412 reverses the ordinary approach of such rules and prohibits the use of any and all rape shield evidence unless it is explicitly permitted by the Rule. This rigid approach to rulemaking itself poses nearly impossible problems of foresight.2 As it must, this legislatively created rule recites that it yields in criminal cases where the exclusion of such evidence ªwould violate the defendant's constitutional rights.º3 To date, the United States Supreme Court has recognized that those rights are * Professor of Law, Suffolk University Law School. Thanks to George Fisher who teed up this issue in his excellent casebook, EVIDENCE (3d ed. Foundation Press). © 2019, Rosanna Cavallaro. 1. Federal Rule of Evidence 412 provides: (a) Prohibited Uses. The following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct: (1) evidence offered to prove that a victim engaged in other sexual behavior; or. (2) evidence offered to prove a victim's sexual predisposition. (b) Exceptions. (1) Criminal Cases. The court may admit the following evidence in a criminal case: (A) evidence of speci®c instances of a victim's sexual behavior, if offered to prove that someone other than the defendant was the source of semen, injury, or other physical evidence; (B) evidence of speci®c instances of a victim's sexual behavior with respect to the person accused of the sexual misconduct, if offered by the defendant to prove consent or if offered by the prosecu- tor; and (C) evidence whose exclusion would violate the defendant's constitutional rights.
    [Show full text]
  • Admissibility of Declarations As Part of the Res Gesta
    TUE AMERICAN LAW REGISTER FOUNDED 1852. UNIVERSITY OF PENNSYLVANIA DIEPARTMENT OF LAW VOL. 42 N. S. APRIL, 19o3. NO. 4. THE ADMISSIBILITY OF DECLARATIONS AS PART OF THE RES GESTA. Much of the confusion in the cases dealing with the ad- missibility of declarations as part of the res gesta arises from the different uses to which the phrase has been put by the courts. The term res gesta is used indifferently to denote various conceptions-among others: i. Those occurrences or facts to which as a whole the law attaches legal consequences, and so, of course, open to investigation as a whole.' 2. Similar to this, it is used to indicate that a series of occurrences are part of one transaction, all parts of which are actuated by the same motive or intent-so mak- ing any competent exhibition of intent governing one part, evidence that the same motive also actuated every other. 3. It is used to indicate the extent of the business or transaction about which two persons are legally identified 'There is also a loose use of the term denoting a fact undoubtedly relevant-a sort of higher relevancy-the distinction between kith and kin. THE ADMISSIBILITY OF DECLARATIONS with one another, and so defining the limit of responsi- bility of the one for the acts and statements of the other. 4. It indicates-and this is perhaps the typical use of it -those attending circumstances of any fact whenever prov- able, which are necessary to properly understand it, which show its true nature, which are inseparable from it, with- out which a recital of the fact would be inadequate and mis- leading-proof of- such concomitant circumstances being allowed though some of them if they stood alone would, as 2 hearsay, be incapable of proof by the witness to such fact.
    [Show full text]
  • Vicarious Admissions and Utterances Jerome E
    Marquette Law Review Volume 47 Article 6 Issue 1 Summer 1963 Vicarious Admissions and Utterances Jerome E. Gull Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Law Commons Repository Citation Jerome E. Gull, Vicarious Admissions and Utterances, 47 Marq. L. Rev. 84 (1963). Available at: http://scholarship.law.marquette.edu/mulr/vol47/iss1/6 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. MARQUETTE LAW REVIEW [Vol. 47 VICARIOUS ADMISSIONS AND UTTERANCES The subject of vicarious admissions and utterances has been the topic of much comment and controversy. The courts and text writers are often in conflict as to the effect to be given these types of statements. It is the author's hope that this article will present some of the prob- lems encountered and solutions offered in, perhaps, the most difficult field of extra-judicial admissions, that of agent's statements regarding tortious liability. Perhaps, the best illustration of the whole problem can be shown through a simple hypothetical fact situation which will be referred to throughout this article as a means of showing the application of the various theories of law proffered as governing the circumstances. The fact situation involves a truck driver, agent, who made the following statement after an intersectional collision; "I'm sorry lady, I didn't see you coming." An attorney engaged by this woman faced the question as to what value this statement of supposed carelessness has in sub- stantively binding the corporate principal.
    [Show full text]
  • Let's Say Good-Bye to Res Gestae
    Tulsa Law Review Volume 33 Issue 1 Dedicated to the U.S. Supreme Court Fall 1997 Let's Say Good-Bye to Res Gestae Chris Blair Follow this and additional works at: https://digitalcommons.law.utulsa.edu/tlr Part of the Law Commons Recommended Citation Chris Blair, Let's Say Good-Bye to Res Gestae, 33 Tulsa L. J. 349 (2013). Available at: https://digitalcommons.law.utulsa.edu/tlr/vol33/iss1/15 This Article is brought to you for free and open access by TU Law Digital Commons. It has been accepted for inclusion in Tulsa Law Review by an authorized editor of TU Law Digital Commons. For more information, please contact [email protected]. Blair: Let's Say Good-Bye to Res Gestae LET'S SAY GOOD-BYE TO RES GESTAE Chris Blairt INTRODUCTION The phrase res gestae has long since outlived any usefulness it ever had. Although the phrase may have played some beneficial role in the development of the law of hearsay and uncharged misconduct evidence, it has been widely criticized for being useless and harmful. It is useless because the concepts in- cluded within res gestae can all be explained by reference to other more refined principles of evidence law. It is harmful because it causes confusion of eviden- tiary principles and acts as a deterrence to principled analysis of evidentiary concepts. The concepts once analyzed as res gestae have now been more pre- cisely codified in the Oklahoma Evidence Code without the use of the words res gestae. As a result, the time has come to finally abandon the use of the term in favor of the analysis envisioned by the Code.
    [Show full text]