130 Available Episodes (130 Total)Average duration: 00:01:40
Jan 16, 2023
130 David Sklansky
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The Neglected Origins of the Hearsay Rule in American Slavery. David Sklansky of Stanford Law School discusses the Supreme Court case of Queen v. Hepburn, a freedom suit in the early Republic which proved to be a turning point in the development of the hearsay rule in American evidence law.
Dec 12, 2022
129 Andrew Ferguson
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Digital Habit Evidence. Andrew Ferguson from American University discusses the habit rule under Rule 406, and how the Internet of Things and digital habit evidence might change its importance in the future.
Nov 28, 2022
128 Ethan Leib
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Are the Federal Rules of Evidence Unconstitutional? Ethan Leib from Fordham University asks whether the way in which the Federal Rules of Evidence came into being and the structure by which they are amended violates constitutional separation of powers.
Nov 14, 2022
127 Caren Morrison
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Domestic Homicides Since Giles v. California. Caren Morrison from George State University explores how courts have handled domestic homicide cases in the wake of Giles v. California, which narrowed the forfeiture exception to the Confrontation Clause.
Oct 31, 2022
126 Daniel Harawa
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The False Promise of Pena-Rodriguez. Daniel Harawa from Washington University in St. Louis discusses the problem of racial bias in jury deliberations, and how Rule 606(b), despite the Supreme Court's decision in Pena-Rodriguez, still shields much of it from redress.
Oct 17, 2022
125 Andrew Budzinski
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Overhauling Rules of Evidence in Pro Se Courts. Andrew Budzinski from the University of the District of Columbia argues why the traditional rules of evidence are inappropriate for courts with largely pro se litigants, and discussed what rules if any should replace them.
Oct 03, 2022
124 Susan Bandes
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Virtual Trials. Susan Bandes from DePaul College of Law discusses the use of virtual trials prompted by the pandemic, their future, as well as what lessons we can learn from them about in-person trials.
Sep 19, 2022
123 Sarah Moss
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Knowledge and Legal Proof. Sarah Moss from the University of Michigan discusses how the reasonable doubt standard and other burdens of proof relate to teh philosophical concept of "knowledge."
Sep 05, 2022
122 Henry Wang
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Rethinking Evidentiary Rules in an Age of Bench Trials. Henry Wang from Indiana University and the China University of Political Science and Law discusses why the existing rules of evidence are inappropriate for bench trials, and what alternative evidentiary rules for bench trials might look like instead.
May 02, 2022
121 Tomer Kenneth
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The Theoretical Foundations of Evidence Law. Tomer Kenneth from NYU School of Law discusses how legal systems should handle truth claims, and how those decisions are more about political legitimacy than mere objective accuracy.
Jan 16 | Unknown
130 David Sklansky
Dec 12 | Unknown
129 Andrew Ferguson
Nov 28 | Unknown
128 Ethan Leib
Nov 14 | Unknown
127 Caren Morrison
Oct 31 | Unknown
126 Daniel Harawa
Oct 17 | Unknown
125 Andrew Budzinski
Oct 03 | Unknown
124 Susan Bandes
Sep 19 | Unknown
123 Sarah Moss
Sep 05 | Unknown
122 Henry Wang
May 02 | Unknown
121 Tomer Kenneth
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