Much of what we tell ourselves about the Rules of Evidence—that they serve as an all-seeing gatekeeper, checking evidence for relevance and trustworthiness, screening it for unfair prejudice—is simply wrong. In courtrooms every day, fact finders rely on “evidence”—for example, a style of dress, the presence of family members in the gallery, and of course race—that rarely passes as evidence in the formal sense, and thus breezes past evidentiary gatekeepers unseen and unchecked. This Article calls much needed attention to this other evidence and demonstrates that such unregulated evidence matters. Jurors use this other evidence to decide whether to find for a plaintiff or defendant, whether a defendant should go free or be deprived of liberty...
It might seem at best quixotic, and at worst absurd, to assert that Federal Rule of Evidence 403-an ...
The evidence rules have well-established, standard textual meanings—meanings that evidence professor...
Many legal rules are based on hunches about human behavior that have not been tested empirically. A ...
Much of what we tell ourselves about the Rules of Evidence—that they serve as an all-seeing gatekeep...
This article criticises H.L. Ho’s argument that the exclusion of improperly obtained evidence can be...
The common law of evidence is counterintuitive because it seeks to facilitate the search for truth b...
A central assumption of modern evidence law is that its rules are rules of admissibility only. That ...
Over the years, the courts have developed numerous devices for controlling the jury in the exercise ...
This Article examines a disturbing trend in civil litigation: the demise of the jury’s historic prer...
When the exclusionary rule prevents the prosecution from using evidence necessary to bring a case to...
It is the purpose of this comment to examine three common-law proceedings in which rules of evidence...
The frequent assertion that the rules of evidence were spawned by trial by jury is an over-simplific...
Article IV of the Federal Rules of Evidence includes several rules that prohibit the use of specifie...
The judicial rules of Evidence, said their great expounder, were never meant to be an indirect proc...
Rules excluding various kinds of evidence from criminal trials play a prominent role in criminal pro...
It might seem at best quixotic, and at worst absurd, to assert that Federal Rule of Evidence 403-an ...
The evidence rules have well-established, standard textual meanings—meanings that evidence professor...
Many legal rules are based on hunches about human behavior that have not been tested empirically. A ...
Much of what we tell ourselves about the Rules of Evidence—that they serve as an all-seeing gatekeep...
This article criticises H.L. Ho’s argument that the exclusion of improperly obtained evidence can be...
The common law of evidence is counterintuitive because it seeks to facilitate the search for truth b...
A central assumption of modern evidence law is that its rules are rules of admissibility only. That ...
Over the years, the courts have developed numerous devices for controlling the jury in the exercise ...
This Article examines a disturbing trend in civil litigation: the demise of the jury’s historic prer...
When the exclusionary rule prevents the prosecution from using evidence necessary to bring a case to...
It is the purpose of this comment to examine three common-law proceedings in which rules of evidence...
The frequent assertion that the rules of evidence were spawned by trial by jury is an over-simplific...
Article IV of the Federal Rules of Evidence includes several rules that prohibit the use of specifie...
The judicial rules of Evidence, said their great expounder, were never meant to be an indirect proc...
Rules excluding various kinds of evidence from criminal trials play a prominent role in criminal pro...
It might seem at best quixotic, and at worst absurd, to assert that Federal Rule of Evidence 403-an ...
The evidence rules have well-established, standard textual meanings—meanings that evidence professor...
Many legal rules are based on hunches about human behavior that have not been tested empirically. A ...