Reconcilable Differences

Tom Lininger

85 Texas L. Rev. See Also 57

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Professor Lininger offers a brief reply to the comments on his article.

Unrealistic Dichotomy

Sarah M. Buel

85 Texas L. Rev. See Also 19

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In this response, Professor Buel expounds on some of the constitutional issues that Professor Lininger discussed in his piece.  By extending Sixth Amendment protection to defendant conduct, Buel argues that the Court is going beyond its intended meaning of simply preventing the state from denying defendants an opportunity to confront their accusers.  Furthermore, Buel notes that the Court’s new bright line test for testimonial and nontestimonial hearsay creates more confusion than clarity by imparting a difficult temporal element that is virtually impossible for courts to utilize in a meaningful and consistent manner.

A View From the Trenches

Casey Gwinn

85 Texas L. Rev. See Also 29

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In responding to Professor Lininger’s article, Casey Gwinn offers his perspective as a prosecutor who has been involved with domestic violence issues for the last twenty years.  Gwinn offers four points to supplement the understanding of Lininger’s article.  First, he argues that domestic violence prosecutors need to once again focus on evidence-based prosecutions instead of relying on hearsay statements.  Second, he notes that the evidence-based prosecution method is alive and well in spite of the recent judicial pendulum swing.  Third, Gwinn explains how the increased cooperation of domestic violence victims in prosecutions due to the Family Justice Center model influences the difficulties faced by domestic violence prosecutors.  Finally, Gwinn suggests that although the legislative action proposed by Lininger should be applauded, we must not forget what we have learned about prosecuting domestic violence offenses from the last twenty years.

What‘s Truth Got to Do With It?

G. Kristian Miccio

85 Texas L. Rev. See Also 39

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In this response, Professor Miccio critiques Professor Lininger’s article for accepting the implications of the Supreme Court’s recent decisions for witness unavailability and social accountability.  More specifically, Professor Miccio suggests that we should question three aspects of the Court’s Confrontation Clause jurisprudence: first, she illustrates the problems with equating a trial with a search for truth; second, she argues that we should not view confrontation as synonymous with a battered woman’s resistance of her attacker; and finally, she questions the Court’s definition of an “emergency” with respect to testimonial and nontestimonial statements.  Given the implications of accepting the Court at face value on these points, Professor Miccio then analyzes Professor Lininger’s proposals for legislative action, and suggests that effective legislative reform requires accountability.

Forfeiture in the Domestic Violence Realm

Deborah Tuerkheimer

85 Texas L. Rev. See Also 49

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In her response to Professor Lininger’s piece, Professor Tuerkheimer explores utilizing the doctrine of forfeiture in the wake of the new Confrontation Clause jurisprudence.  While recognizing that state forfeiture statutes provide new tools for the prosecution of domestic violence, Tuerkheimer highlights the importance of recognizing that the crime of battering is unique and, thus, forfeiture can only be properly utilized in this paradigm of courts are sensitive to this reality.

Hidden Agendas – A Response

David Anderson

85 Texas L. Rev. See Also 1

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In his response to Professor Goodman, Professor Anderson explores several facets of Stealth Marketing and Editorial Integrity.  One aspect of sponsorship disclosure laws that Anderson examines is the complementary need for greater and more vigorous enforcement.  Anderson also questions the rationale behind applying sponsorship disclosure laws uniformly to all types of media, drawing distinctions between news media and entertainment media.

Stealth Risks of Stealth Marketing

Eric Goldman

85 Texas L. Rev. See Also 11

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In this Response piece, Prof. Goldman explores the potential adverse consequences of Prof. Goodman’s proposal for sponsorship disclosure laws.  More specifically, Goldman argues that any deliberation on such disclosure laws must consider: (i) why consumers desire to know the source of content; (ii) whether consumer distrust of marketing wrongly affects consumers’ evaluation of content; and (iii) the adverse effects of “noisy” disclosures.

Comments on Stealth Marketing

R. Polk Wagner

85 Texas L. Rev. See Also 17

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Given the rapid and recent changes in the character and nature of media markets, Professor Wagner questions the necessity of an effort to enact sponsorship disclosure laws.  Concentrating on the lack of assurance that such disclosure will enhance editorial integrity and on the effects of the “long tail” of available media outlets, Wagner suggests why we should be skeptical of Professor Goodman’s proposed disclosure regime.