This Symposium on Truth and Its Rivals seems most concerned with what one might think of as the output side of evidence law that is, whether the rules of evidence enhance the likelihood that trial verdicts will capture the true state of the matter giving rise to the litigation. From this perspective, the legitimate rivals to truth are values that may justify decisions that eclipse the truth. The most obvious examples are rules of privilege, which allow probative information to remain concealed even where it is essential to accurate fact finding
As a result of recent scandals concerning evidence and proof in the administration of criminal justi...
The law of evidence is sagging to the point of collapse under its own weight. It has cracked visibly...
For at least a century a debate has been raging about the relative advantages of the adversary and n...
This Symposium on Truth and Its Rivals seems most concerned with what one might think of as the ou...
In this paper, I will look at the problem of hearsay and confrontation through the lens offered by t...
Article IV of the Federal Rules of Evidence includes several rules that prohibit the use of specifie...
This Essay offers a few examples of ways in which Evidence professors can engage students in critica...
There is a good reason why evidence scholars continue to be fascinated and perplexed, and some court...
This article will explore the relationship between the vanishing trial and the changing ways in wh...
Focusing on “lying” is a natural response to uncertainty but too narrow of a concern. Honesty and tr...
The common law of evidence is counterintuitive because it seeks to facilitate the search for truth b...
The chief practical difficulty today, as always, lies in the particular application of a mass of evi...
When I began teaching evidence seventeen years ago, the field was moribund. The great systematizers ...
There is a distinction between commonly known truth and truth as established for legal purposes. The...
As a result of recent scandals concerning evidence and proof in the administration of criminal justi...
As a result of recent scandals concerning evidence and proof in the administration of criminal justi...
The law of evidence is sagging to the point of collapse under its own weight. It has cracked visibly...
For at least a century a debate has been raging about the relative advantages of the adversary and n...
This Symposium on Truth and Its Rivals seems most concerned with what one might think of as the ou...
In this paper, I will look at the problem of hearsay and confrontation through the lens offered by t...
Article IV of the Federal Rules of Evidence includes several rules that prohibit the use of specifie...
This Essay offers a few examples of ways in which Evidence professors can engage students in critica...
There is a good reason why evidence scholars continue to be fascinated and perplexed, and some court...
This article will explore the relationship between the vanishing trial and the changing ways in wh...
Focusing on “lying” is a natural response to uncertainty but too narrow of a concern. Honesty and tr...
The common law of evidence is counterintuitive because it seeks to facilitate the search for truth b...
The chief practical difficulty today, as always, lies in the particular application of a mass of evi...
When I began teaching evidence seventeen years ago, the field was moribund. The great systematizers ...
There is a distinction between commonly known truth and truth as established for legal purposes. The...
As a result of recent scandals concerning evidence and proof in the administration of criminal justi...
As a result of recent scandals concerning evidence and proof in the administration of criminal justi...
The law of evidence is sagging to the point of collapse under its own weight. It has cracked visibly...
For at least a century a debate has been raging about the relative advantages of the adversary and n...