Episodes

  • 153 William Ortman

    153 William Ortman
    Apr 22 2024
    Confession and Confrontation. Will Ortman from Wayne State University discusses how the modern Confrontation Clause might be used to help improve the reliabilty of defendant confessions.
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    Less than 1 minute
  • 152 Rebecca Tushnet

    152 Rebecca Tushnet
    Apr 1 2024
    Of Bass Notes and Base Rates. Rebecca Tushnet from Harvard Law School discusses the base rate problems that surface in the expert testimony common in music copyright litigation.
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    Less than 1 minute
  • 151 Teneille Brown & Emily Murphy

    151 Teneille Brown & Emily Murphy
    Mar 15 2024
    Expert Framework Evidence. Teneille Brown from the University of Utah and Emily Murphy from UC Law San Francisco discuss their amicus brief in Diaz v. United States, to be argued before the Supreme Court on March 19, 2024. The case involves (and the episode explores) the problem of framework evidence, first described by John Monahan and Laurens Walker, and how it relates to Federal Rule of Evidence 704, which abolishes the ultimate issue rule, except for cases involving mental states.
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    Less than 1 minute
  • 150 James Macleod

    150 James Macleod
    Mar 4 2024
    Evidence Law's Blind Spots. Jamie Macleod from Brooklyn Law School argues, among other things, that evidence law needs to worry as much about what juries do in the absence of certain evidence as in the presence of it. He discusses new empirical work showing some troubling racial disparities when mock jurors are presented with so-called sanitized evidence, such as when the fact of prior convictions is revealed without specific details.
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    Less than 1 minute
  • 149 Erin Collins

    149 Erin Collins
    Feb 19 2024
    Evidence Rules for Decarceration. Erin Collins from the University of Richmond explores how the evidentiary rules -- especially the character rules -- contribute to mass incarceration, and how evidence should reorient itself more toward substantive outcomes than away from just accuracy. This episode was recorded live at a Connecticut Public Interest Law Journal symposium at UConn School of Law.
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    Less than 1 minute
  • 148 Kevin Clermont

    148 Kevin Clermont
    Feb 5 2024
    A Theory for Evaluating Evidence Against the Standard of Proof. Kevin Clermont from Cornell Law School argues that existing probabilistic models of the proof process are incomplete and summarizes his proposal -- based on a multivalent model -- to conceptualize legal proof.
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    Less than 1 minute
  • 147 Nicholas Hakun

    147 Nicholas Hakun
    Jan 22 2024
    Experts and the Attorney-Client Privilege. Nicholas Hakun from Temple University and Wilson Sonsini discusses whether the attorney-client privilege should extend to experts used by attorneys and their clients.
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    Less than 1 minute
  • 146 Keith Findley

    146 Keith Findley
    Jan 8 2024

    Keith Findley from the University of Wisconsin discusses why medical examiners should not be allowed to testify about “manner of death” in court proceedings.
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    Less than 1 minute