Lynn McLain

University of Baltimore - School of Law

Professor of Law and Dean Joseph Curtis Faculty Fellow

1420 N. Charles Street

Baltimore, MD 21218

United States

SCHOLARLY PAPERS

42

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Scholarly Papers (42)

1.

Flow Chart for Hearsay and the Confrontation Clause 'Crawford Through Bernadyn'

University of Baltimore School of Law Legal Studies Research Paper
Number of pages: 34 Posted: 29 Mar 2012 Last Revised: 26 Apr 2012
Lynn McLain
University of Baltimore - School of Law
Downloads 745 (35,643)

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criminal law, criminal procedure, Maryland, rules of evidence, hearsay, confrontation clause, out of court statements, constitutional law, hearsay exceptions, admissibility of evidence, exclusion of evidence, flow charts

2.

Selected Salient Evidentiary Issues in Employment Discrimination Cases

Number of pages: 7 Posted: 12 Jul 2010
Lynn McLain
University of Baltimore - School of Law
Downloads 318 (102,103)

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evidence, employment discrimination, hearsay rule, character evidence, sexual conduct of plaintiff, waiver of attorney-client privilege, retaliation, illegal activity

3.

Recurring Nightmares? Evidence Issues that Keep Coming Back in Employment Cases

Number of pages: 30 Posted: 04 Aug 2010 Last Revised: 30 Jun 2015
Lynn McLain
University of Baltimore - School of Law
Downloads 246 (133,870)
Citation 1

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Employment Law, Employment Cases, Rules of Evidence, Character Evidence, Hearsay, Propensity Rule, Sexual Harassment, Sexual Conduct, Rape Shield, Email, Internet, Out-of-Court Statements, Attorney-Client Privilege, Spoliation of Evidence

4.

The Rules of Evidence Applicable in Maryland Trial Courts

Number of pages: 7 Posted: 12 Jul 2010
Lynn McLain
University of Baltimore - School of Law
Downloads 210 (155,853)

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rules of evidence, judges, juries, trial system, direct evidence, circumstantial evidence, relevance requirement, character evidence, propensity rule, civil law, criminal law

5.

Admissibility of Scientific Evidence and Expert Testimony: One Potato, Two Potato, Daubert, Frye

Number of pages: 37 Posted: 09 Jul 2010 Last Revised: 30 Jun 2015
Lynn McLain
University of Baltimore - School of Law
Downloads 196 (166,300)

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scientific evidence, expert testimony, trials, Maryland Rules of Evidence, Federal Rules of Evidence, Frye standard, Daubert, courts

6.

Self-Authentication of Certified Copies of Business Records

University of Baltimore Law Review, Vol. 24, 1994
Number of pages: 59 Posted: 17 Jul 2008
Lynn McLain
University of Baltimore - School of Law
Downloads 189 (171,880)

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court rules, Maryland, business records, authentication, evidence

7.

Is Permitting Student Use of Laptops in Class a Good Idea? 'It Depends' - A Variety of Approaches is Best

University of Baltimore School of Law Legal Studies Research Paper
Number of pages: 5 Posted: 09 Jul 2010 Last Revised: 14 Dec 2012
Lynn McLain
University of Baltimore - School of Law
Downloads 176 (183,208)

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Legal Education, Students, Laptop Computers, Laptop PC's, Note-Taking, Learning Process, Classroom Etiquette, Use Of Technology, Teaching Practice, Teaching Style, Law Schools

8.

Stop the Killing: Potential Courtroom Use of a Questionnaire that Predicts the Likelihood that a Victim of Intimate Partner Violence Will Be Murdered by Her Partner

Wisconsin Journal of Law, Gender and Society, Vol. 24, No. 2, pp. 277-312, Fall 2009, University of Baltimore School of Law Legal Studies Research Paper No. 2009-25
Number of pages: 37 Posted: 05 Jun 2009 Last Revised: 08 May 2010
Lynn McLain and Amanda L. Hitt
University of Baltimore - School of Law and Government Accountability Project (GAP)
Downloads 159 (199,925)

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domestic violence, intimate partners, suicide, homicide, Danger Assessment Tool, family law, visitation, abusers, guns, weapons

9.

'I’m Going to Dinner with Frank': Admissibility of Nontestimonial Statements of Intent to Prove the Actions of Someone Other Than the Speaker – and the Role of the Due Process Clause as to Nontestimonial Hearsay

Cardozo Law Review, Vol. 32, No. 2, pp. 373-436, 2010, University of Baltimore School of Law Legal Studies Research Paper No. 2010-08
Number of pages: 64 Posted: 06 May 2010 Last Revised: 07 Nov 2010
Lynn McLain
University of Baltimore - School of Law
Downloads 149 (211,005)

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State of Mind, Hearsay Exception, Homicide, Evidence, Trials, Rules of Evidence, Idaho v. Wright, Crawford Decision, Nontestimonial Hearsay

10.

Copyrights: Fair Use in the Film Industry

Number of pages: 8 Posted: 22 Sep 2010
Lynn McLain
University of Baltimore - School of Law
Downloads 138 (224,464)

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copyright law, fair use, statutory law, case law, copyrighted materials, filmmakers, film industry, movies, cinema, Hollywood, publicity, set design, film footage, music

11.

Briefing Cases

Number of pages: 12 Posted: 21 Sep 2010
Lynn McLain
University of Baltimore - School of Law
Downloads 124 (243,745)

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case briefing, examples, copyright law, Walt Disney Productions v. Air Pirates, Mickey Mouse, copyright law, trademark law, parodies, unfair competition, trade disparagement, cartoon drawings, fair use

12.

Impeachment of Witnesses: A Walking Tour

University of Baltimore School of Law Legal Studies Research Paper
Number of pages: 28 Posted: 09 Jul 2010 Last Revised: 13 Jul 2010
Lynn McLain
University of Baltimore - School of Law
Downloads 102 (280,375)

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Maryland Evidence, Impeachment of Witnesses, Trials, Courts, Character or Truthfulness, Bias, Interest, Improper Motive, Mental Defects, Sensory Defects, Inconsistent Statements, Walker V. State, Contradictory Extrinsic Evidence, Learned Treatises, Impeachment of Experts, Impeached Witness

13.

Hearsay Law: Recent Developments in Maryland and in the Supreme Court

University of Baltimore School of Law Legal Studies Research Paper
Number of pages: 27 Posted: 11 Jul 2010 Last Revised: 13 Jul 2010
Lynn McLain
University of Baltimore - School of Law
Downloads 89 (305,978)

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Hearsay Law, Maryland, Supreme Court, Civil Cases, Criminal Cases, Crawford v. Washington, Out-of-Court Statements, Hearsay Objections, Confrontation Clause, Constitutional Law, Dying Declarations, Attorneys, Lawyers, Prosecutors, Domestic Violence Victims, Forfeiture of Right to Object

14.

Out-of-Court Statements: The Concentric Hoops of the Hearsay Rule and the Confrontation Clause

Number of pages: 43 Posted: 15 Jul 2010 Last Revised: 14 Sep 2010
Lynn McLain
University of Baltimore - School of Law
Downloads 81 (324,273)

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constitutional law, Confrontation Clause, out-of-court statements, hearsay rule, evidence, prior consent statements, child testimony, sexual assault, criminal law, civil procedure, hypotheticals

15.

Expert Testimony and Scientific Evidence

University of Baltimore School of Law Legal Studies Research Paper
Number of pages: 40 Posted: 11 Jul 2010 Last Revised: 13 Jul 2010
Lynn McLain
University of Baltimore - School of Law
Downloads 81 (324,273)

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Expert Testimony, Evidence, Opinion Testimony, Opinions in Out-of-Court Statements, Scientific Evidence, Frye-Reed, Daubert/Kumho Tire, Lay Witnesses, Opinions on Ultimate Issues

16.

Fact, Fiction and Proof in the 21st Century: Evidence and Credibility for Fact Finding by Administrative Law Judges

Number of pages: 30 Posted: 09 Jul 2010 Last Revised: 13 Jul 2010
Lynn McLain
University of Baltimore - School of Law
Downloads 75 (339,141)

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administrative law judges, evidence, fact finding, judicial opinions, reviewing agencies, courts, administrative law procedure

17.

'Sweet Childish Days': Using Developmental Psychology Research in Evaluating the Admissibility of Out-of-Court Statements by Young Children

Maine Law Review, Fall 2011, University of Baltimore School of Law Legal Studies Research Paper No. 2011-12
Number of pages: 56 Posted: 10 Apr 2011 Last Revised: 14 Sep 2011
Lynn McLain
University of Baltimore - School of Law
Downloads 73 (344,313)

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children, evidence, child testimony, criminal law, admissibility, developmental psychology, courts, criminal procedure, child witnesses

18.

Privileges: Spousal, Attorney-Client, and Priest-Penitent

Number of pages: 50 Posted: 12 Jul 2010
Lynn McLain
University of Baltimore - School of Law
Downloads 73 (344,313)

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evidence, discovery, proof of facts, privileges, federal courts, tax practitoner privilege, Internal Revenue Code, Federal Rules of Evidence, common law, federal courts, confidential information, non-confidential information, attorney-client privilege

19.

Maryland's Adoption of a Code of Evidence

Number of pages: 7 Posted: 11 Jul 2010 Last Revised: 13 Jul 2010
Lynn McLain
University of Baltimore - School of Law
Downloads 73 (344,313)

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Maryland Rules of Evidence, legal history, Uniform Rules of Evidence, Federal Rules of Evidence, persuasive authority, case law, codification, Rodowsky Subcommittee, Chief Judge Alan M. Wilner, Court of Appeals, Court of Special Appeals,

20.

Evidence Issues in CINA Cases

Number of pages: 18 Posted: 10 Jul 2010
Lynn McLain
University of Baltimore - School of Law
Downloads 73 (344,313)

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rules of evidence, CINA, children in need of assistance, courts, civil procedure, testimony of parents, cross-examination, shelter care hearings, confidential matters, testimonial privileges, cmpetency of children to testify, hearsay exceptions, burden of proof, erroneous admission of evidence

21.

Criminal Practice Developments in Maryland Evidence Law and Confrontation Clause Jurisprudence

Number of pages: 16 Posted: 09 Jul 2010
Lynn McLain
University of Baltimore - School of Law
Downloads 70 (352,405)
Citation 1

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Maryland Rules of Evidence, protective orders, jury selection, discovery of witnesses' identities, communications from jurors, judicial notice, unfair prejudice, probative value, character evidence, constitutional law, Fifth Amendment privilege, Miranda, competency of witnesses, impeachment

22.

An Introduction to the Rules of Evidence Applicable to Collection Cases in Maryland Trial Courts

University of Baltimore School of Law Legal Studies Research Paper
Number of pages: 17 Posted: 09 Jul 2010 Last Revised: 13 Jul 2010
Lynn McLain
University of Baltimore - School of Law
Downloads 65 (366,459)

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Maryland, Rules of Evidence, Collection Cases, Trial Courts, Relevance Requirement, Authentication, Best Evidence Rule, Hearsay

23.

Proposed Model Rules Governing the Admissibility of Computer-Generated Evidence

Santa Clara Computer and High Technology Law Journal, Vol. 15, No.1, 1999
Number of pages: 46 Posted: 17 Jul 2008
Lynn McLain and James E. Carbine
University of Baltimore - School of Law and Law Offices of James E. Carbine
Downloads 65 (366,459)

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courts, evidence, computer programs, trials, technology, computers

24.

Significant Recent Developments in Maryland Regarding Character Evidence and Impeachment

Number of pages: 7 Posted: 29 Mar 2012
Lynn McLain
University of Baltimore - School of Law
Downloads 61 (378,472)

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character evidence, impeachment of witnesses, criminal law, criminal procedure, Maryland Rules, abuse of discretion, expert testimony, gangs, gang behavior, police officers, bias of expert, custodial silence

25.

The 'Double Feature' of Hearsay and the Confrontation Clause, Plus Coming Attractions

Number of pages: 30 Posted: 09 Jul 2010 Last Revised: 13 Jul 2010
Lynn McLain
University of Baltimore - School of Law
Downloads 57 (391,220)

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Hearsay, Confrontation Clause, constitutional law, evidence, courts, civil procedure, criminal procedure, forfeiture of right to object, trials

26.

Evidentiary Considerations in Civil Cases

Number of pages: 16 Posted: 10 Jul 2010 Last Revised: 13 Jul 2010
Lynn McLain
University of Baltimore - School of Law
Downloads 56 (394,555)

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Maryland, Rules of Evidence, character evidence, civil procedure, courts, trials, inadmissibility of evidence, propensity rule, character witnesses, reputation witnesses, opinion witnesses, methods of proving character, impeachment of witnesses

27.

Thoughts on Dastar from a Copyright Perspective: A Welcome Step toward Respite for the Public Domain

University of Baltimore Intellectual Property Law Journal, Vol. 11, Nos. 1 & 2, Fall 2002-Spring 2003
Number of pages: 19 Posted: 16 Jul 2008
Lynn McLain
University of Baltimore - School of Law
Downloads 49 (418,665)

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copyright, patent, trademark, public domain, Lanham Act, Dastar

28.

Evidence Issues in Employment Cases

Number of pages: 42 Posted: 04 Jun 2010
Lynn McLain
University of Baltimore - School of Law
Downloads 48 (422,331)

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rules of evidence, employment law, CLE, continuing legal education, employees, employee-employer relationship, employers, litigation

29.

Hearsay and the Confrontation Clause

University of Baltimore School of Law Legal Studies Research Paper No. 2017-04
Number of pages: 41 Posted: 17 Oct 2016 Last Revised: 21 Feb 2017
Lynn McLain
University of Baltimore - School of Law
Downloads 44 (437,535)

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criminal law, criminal procedure, Maryland, rules of evidence, hearsay, confrontation clause, out of court statements, constitutional law, hearsay exceptions, admissibility of evidence, exclusion of evidence, flow charts

30.

Maryland's Statutory Hearsay Exception for Reliable Statements by Alleged Child Abuse Victims: A Hesitant Step Forward.

University of Baltimore Law Review, Vol. 17, No. 1, 1987
Number of pages: 39 Posted: 17 Jul 2008
Lynn McLain
University of Baltimore - School of Law
Downloads 44 (437,535)

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child abuse, alleged victims, hearsay, Maryland, statutes, legislation, courts

31.

The Confrontation Clause after Crawford v. Washington

Number of pages: 19 Posted: 09 Jul 2010 Last Revised: 13 Jul 2010
Lynn McLain
University of Baltimore - School of Law
Downloads 43 (441,568)

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Confrontation Clause, Crawford v. Washington, evidence, constitutional law, courts, procedure, hearsay evidence, forfeiture of right to object, Hearsay rule

32.

Reforming the Criminal Law: University of Baltimore School of Law Group Goes to Annapolis

University of Baltimore Law Forum, Vol. 34, No. 1, 2003
Number of pages: 25 Posted: 18 Jul 2008
Lynn McLain
University of Baltimore - School of Law
Downloads 43 (441,568)

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criminal law, rape shield, Maryland, reform, child abuse, evidence

33.

Out-of-Court Statements by Children: Jumping Through the Concentric Hoops of the Hearsay Rule and the Confrontation Clause

Number of pages: 26 Posted: 15 Jul 2010 Last Revised: 14 Sep 2010
Lynn McLain
University of Baltimore - School of Law
Downloads 41 (449,604)

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evidence, constitutional law, children, out-of-court statements, hearsay, hearsay exceptions, Maryland, Federal Rules of Evidence, civil procedure, criminal procedure, Crawford v. Washington, confrontation right, Giles v. California, confrontation clause, common law principle

34.

Post-Crawford: Time to Liberalize the Substantive Admissibility of a Testifying Witness's Prior Consistent Statements

University of Missouri-Kansas City Law Review, Vol. 74, No. 1, 2005
Number of pages: 40 Posted: 18 Jul 2008
Lynn McLain
University of Baltimore - School of Law
Downloads 41 (449,604)

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evidence, criminal law, child abuse, Tome, Crawford, victim, admissibility

35.

Law Reviews and Technology: Copyright Law from Noah Webster to Tasini and the Importance of Written Contracts

Number of pages: 5 Posted: 11 Jul 2010 Last Revised: 02 Jan 2013
Lynn McLain
University of Baltimore - School of Law
Downloads 36 (470,943)

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law reviews, databases, technology, copyright law, law review articles, digital information, literary works, collective works, distribution, reproduction, derivative works, public performance, public display, works for hire, copyright duration, written agreements to publish, written contracts

36.

The Problem of the Intimidated Witness: The Need to Shore Up the Nance Doctrine Regarding the Admission of Prior Statements

University of Baltimore Law Forum, Vol. 30, No. 1, 1999
Number of pages: 11 Posted: 18 Jul 2008
Lynn McLain
University of Baltimore - School of Law
Downloads 34 (480,054)

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evidence, hearsay, witness intimidation, procuring, unavailability, Nance, Corbett, Tyler, Maryland

37.

Children are Losing Maryland's "Tender Years" War.

University of Baltimore Law Review, Vol. 27, 1997
Number of pages: 65 Posted: 17 Jul 2008
Lynn McLain
University of Baltimore - School of Law
Downloads 34 (480,054)

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children, sexual abuse, physical abuse, Maryland, legislation, hearsay, evidence, tender years statute

38.

Maryland's First Evidence Code

Number of pages: 27 Posted: 11 Jul 2010 Last Revised: 13 Jul 2010
Lynn McLain
University of Baltimore - School of Law
Downloads 32 (489,573)

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Maryland Rules of Evidence, legal history, courts, trial practice, Maryland, court rules

39.

'Other Acts' Evidence: Recent Decisions by the Court of Appeals Undermine the Efficacy of Maryland Rule 5-404(B)

University of Baltimore Law Forum, Vol. 31, No. 1, 2000
Number of pages: 30 Posted: 17 Jul 2008
Lynn McLain
University of Baltimore - School of Law
Downloads 32 (489,573)

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evidence, Maryland, other acts, Sessoms, Streater, Faulkner, Klauenberg, Wynn

40.

Hearsay and the Confrontation Clause (2017)

Number of pages: 44 Posted: 24 Apr 2017
Lynn McLain
University of Baltimore - School of Law
Downloads 31 (494,491)

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Hearsay, Confrontation clause, Maryland, Maryland Rule 5-609(b), out-of-court statement

41.

Senate Bills 284 and 285: A 'Bribery Exception' to Maryland’s Legislative Privilege

University of Baltimore School of Law Legal Studies Research Paper
Number of pages: 20 Posted: 23 Feb 2012 Last Revised: 07 Mar 2012
Lynn McLain
University of Baltimore - School of Law
Downloads 26 (521,406)

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legislation, Maryland, bribery, politicians, legislative history, legislative intent, legislative privilege, legal defenses, criminal law, criminal procedure, legal loopholes, criminal defenses

42.

‘Quick-Takes’ on a Few Recent Decisions in Evidence Law … And Rule 5-407

Number of pages: 22 Posted: 12 Jul 2010
Lynn McLain
University of Baltimore - School of Law
Downloads 24 (533,158)

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sufficiency of evidence, unsworn statements, comparable sales, condemnation, jury view, quick-takes, attorney-client privilege, hearsay exception, medical treatment, waiver by inadvertent disclosure, privileged matter, MPIA, Maryland Public Information Act, Confidential Communications

Other Papers (1)

Total Downloads: 0

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Witness Intimidation, rules of evidence, constitutional law, hearsay, civil law, criminal law, hearsay exception, impeachment of witnesses, forfeiture principle, confrontation right, Crawford v. Washington, Maryland law, Supreme Court, forfeiture of right to object, Giles v. California