There is a good reason why evidence scholars continue to be fascinated and perplexed, and some courts continue at least to be perplexed, by the types of evidence that tend to be lumped together misleadingly under the headings nonassertive conduct or implied assertions. Evidence of this sort highlights a paradox of the prevailing law of hearsay. I believe that this paradox cannot be resolved without fundamentally transforming the structure of that law. Thus, while I agree - within the current framework - with many of the insights so ably stated in this Symposium, I think evidence scholars must devote their efforts to construction of a better structure
Hearsay is an out-of-court declaration offered to prove the truth of the matter asserted. It is inad...
George argues that, centuries ago, jurists did not distinguish between testimonial and nontestimonia...
George argues that, centuries ago, jurists did not distinguish between testimonial and nontestimonia...
There is a good reason why evidence scholars continue to be fascinated and perplexed, and some court...
There is a good reason why evidence scholars continue to be fascinated and perplexed, and some court...
This article draws on the history of the hearsay rule, and on recent decisions of the European Court...
This article draws on the history of the hearsay rule, and on recent decisions of the European Court...
This article draws on the history of the hearsay rule, and on recent decisions of the European Court...
In response to an article previously published in the Florida Law Review by Professor Ben Trachtenbe...
In response to an article previously published in the Florida Law Review by Professor Ben Trachtenbe...
In this paper, I will look at the problem of hearsay and confrontation through the lens offered by t...
The Supreme Court recently returned to the Framers\u27 intent behind the Confrontation Clause and ov...
In this paper, I will look at the problem of hearsay and confrontation through the lens offered by t...
This Article discusses the origin and history of the hearsay doctrine, including the goals it seeks ...
In this essay, I first examine some of the strategic choices spawned by the Supreme Court\u27s micr...
Hearsay is an out-of-court declaration offered to prove the truth of the matter asserted. It is inad...
George argues that, centuries ago, jurists did not distinguish between testimonial and nontestimonia...
George argues that, centuries ago, jurists did not distinguish between testimonial and nontestimonia...
There is a good reason why evidence scholars continue to be fascinated and perplexed, and some court...
There is a good reason why evidence scholars continue to be fascinated and perplexed, and some court...
This article draws on the history of the hearsay rule, and on recent decisions of the European Court...
This article draws on the history of the hearsay rule, and on recent decisions of the European Court...
This article draws on the history of the hearsay rule, and on recent decisions of the European Court...
In response to an article previously published in the Florida Law Review by Professor Ben Trachtenbe...
In response to an article previously published in the Florida Law Review by Professor Ben Trachtenbe...
In this paper, I will look at the problem of hearsay and confrontation through the lens offered by t...
The Supreme Court recently returned to the Framers\u27 intent behind the Confrontation Clause and ov...
In this paper, I will look at the problem of hearsay and confrontation through the lens offered by t...
This Article discusses the origin and history of the hearsay doctrine, including the goals it seeks ...
In this essay, I first examine some of the strategic choices spawned by the Supreme Court\u27s micr...
Hearsay is an out-of-court declaration offered to prove the truth of the matter asserted. It is inad...
George argues that, centuries ago, jurists did not distinguish between testimonial and nontestimonia...
George argues that, centuries ago, jurists did not distinguish between testimonial and nontestimonia...