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In: Published in Cottrell et al., Critical Issues in Environmental Taxation – International and Comparative Perspectives – Volume VI (Oxford University Press, 2009) 523
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In: Cottrell et al., Critical issues in Environmental Taxation, Vol VI, at 523, 2009
SSRN
In: UnCivil Wars Ser.
Cover -- Half Title -- Title -- Copyright -- Dedication -- Contents -- ACKNOWLEDGMENTS -- INTRODUCTION In Search of a Man Named Smith -- CHAPTER 1 New York, Vermont, Ohio: The President of Canada -- CHAPTER 2 Wisconsin: When I Think of Him I Incline to Spit -- CHAPTER 3 South Carolina: Your Name and Memory Will Be Cherished -- CONCLUSION Act, One and All -- EPILOGUE Lost and Found -- NOTES -- BIBLIOGRAPHY -- INDEX -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- V -- W.
Illinois still adheres to a rigid and outdated common law principle that treats a learned treatise as hearsay. This principle stands at odds with the adoption of Federal Rules of Evidence 703 ("FRE 703")' and 705 ("FRE 705") by the Illinois Supreme Court. Illinois courts have developed clever ways to get around the common law prohibition thereby creating an incoherent and inconsistent jurisprudence that at times yields bizarre outcomes. Adopting the federal learned treatise exception to the hearsay rule would set out a consistent standard in Illinois for admitting learned treatises and allowing them as substantive evidence. Now that Illinois has codified the Illinois Rules of Evidence, including provisions similar to FRE 703 and 705, it is time to adopt the learned treatise exception to the hearsay rule, Federal Rule of Evidence 803(18) ("FRE 803(18)"). This will complete the incorporation cycle. More importantly, it will enhance the efficiency of trials in Illinois courts. Failure to adopt an Illinois equivalent of FRE 803(18) will impede the full and proper application of Illinois Rule of Evidence 703 ("IRE 703") and 705 ("IRE 705"). This Article will lay out the current standards in Illinois regarding the use of learned treatises. It will focus on the inconsistencies in the application of the current Illinois common law and then address how adoption of a learned treatise exception to hearsay will increase efficiency among trial courts.
BASE
Illinois still adheres to a rigid and outdated common law principle that treats a learned treatise as hearsay. This principle stands at odds with the adoption of Federal Rules of Evidence 703 ("FRE 703")' and 705 ("FRE 705") by the Illinois Supreme Court. Illinois courts have developed clever ways to get around the common law prohibition thereby creating an incoherent and inconsistent jurisprudence that at times yields bizarre outcomes. Adopting the federal learned treatise exception to the hearsay rule would set out a consistent standard in Illinois for admitting learned treatises and allowing them as substantive evidence. Now that Illinois has codified the Illinois Rules of Evidence, including provisions similar to FRE 703 and 705, it is time to adopt the learned treatise exception to the hearsay rule, Federal Rule of Evidence 803(18) ("FRE 803(18)"). This will complete the incorporation cycle. More importantly, it will enhance the efficiency of trials in Illinois courts. Failure to adopt an Illinois equivalent of FRE 803(18) will impede the full and proper application of Illinois Rule of Evidence 703 ("IRE 703") and 705 ("IRE 705"). This Article will lay out the current standards in Illinois regarding the use of learned treatises. It will focus on the inconsistencies in the application of the current Illinois common law and then address how adoption of a learned treatise exception to hearsay will increase efficiency among trial courts.
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In: Adoption & fostering: quarterly journal, Band 32, Heft 1, S. 6-18
ISSN: 1740-469X
Amy Taylor, Rachel Swann and Fiona Warren report on a study that aimed to explore foster carers' beliefs about the causes of foster children's emotional and behavioural difficulties (EBD), with a view to creating a theory to explain how this particular group of people make sense of these problems. Fourteen foster carers, with either past or present experience of caring for foster children with EBD, volunteered to take part in an interview to discuss their views. The interviews were transcribed and the data analysed using Grounded Theory methodology (Glaser and Strauss, 1967). Nine major causal categories emerged from the data and a theoretical model was constructed to help explicate these categories and the links between them. The results demonstrated that foster carers believed that much of foster children's difficulties were caused by early experiences of adversity (eg abuse) or inadequate care (eg neglect) prior to being fostered. However, there seemed to be a sense that these difficulties could be exacerbated by subsequent experiences within the care system itself. The clinical implications of these findings and future research directions are discussed.
In: International journal of environment, workplace and employment, Band 2, Heft 2/3, S. 135
ISSN: 1741-8445
In: Journal of vocational behavior, Band 79, Heft 3, S. 640-652
ISSN: 1095-9084