351 research outputs found

    Marquette\u27s Successful Harley Partnership Provides Smooth Ride for All

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    The Catholic Intellectual Tradition: Where is it Today?

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    Professional Education as Transformation

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    Treatment of Stormwater Runoff from Snow Melt at the Portland Snow Dump: Stormwater Management in Cold Climates

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    https://digitalcommons.usm.maine.edu/cbep-presentations/1066/thumbnail.jp

    Expanding Forfeiture without Sacrificing Confrontation after \u3cem\u3eCrawford\u3c/em\u3e

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    The central holding of Crawford v. Washington is fairly straightforward: The Confrontation Clause bars the admission of out-of-court testimonial statements unless the defendant had a prior opportunity to cross-examine the witness. Crawford, however, has an often overlooked caveat. In renouncing numerous exceptions to the confrontation right, the Court rejected only those that purport to test the reliability of testimonial statements. It left equitable exceptions undisturbed. As the Court pointed out, [T]he rule of forfeiture by wrongdoing (which we accept) extinguishes confrontation claims on essentially equitable grounds. The parameters of the rule of forfeiture are a matter of some dispute. As opposed to a waiver, which requires a knowing and intelligent relinquishment of a right, forfeiture occurs when an individual commits an act inconsistent with maintaining a right. It has traditionally applied in witness tampering cases, where a defendant intimidates, bribes or kills a witness just before she is scheduled to testify. In those situations, forfeiture should bar the defendant from successfully objecting to the admission of the witness\u27s prior unconfronted testimony

    Recent Decision

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    Recent Decision

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    An edition of two 15th-century treatises on universals

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    An edition of William Milverley's 'Universalia Magistri Guilhelmi Milverleii' in Latin with a parallel English translation, together with an edition of John Tarteys' 'Universalia Magistri Johannis Tarteys'

    Contributor to the March Issue/Notes

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    Notes by Bernard F. Grainey, Warren A. Deahl, William B. Lawless, James F. McVay, and Thomas F. Halligan
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