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Evidence

916 published works

  1. Civil Procedure & Federal Courts Blog

    Fun Photo “Evidence” in a Summary Judgment Brief

    By Civil Procedure & Federal Courts Blog

    In the ongoing lawsuit between Ross Perot, Jr. and Mark Cuban for mismanagement of the Dallas Mavericks, we have a new addition to fun motions to show our students.  Cuban's…

  2. Sentencing Law and Policy

    “Evidence Disclosure and Severity of Punishments”

    By Douglas Berman

    Main June 14, 2011"Evidence Disclosure and Severity of Punishments"The title of this post is the title of this new paper by economist Evsen Turkay, which is forthcoming in the American…

  3. EvidenceProf Blog

    If It Ain’t Broke: Daniel Capra’s Response To Sam Stonefield’s Proposal To Amende Rule 801(d)

    By Colin Miller

    Last week, I posted an entry about Sam Stonefield's Rule 801(d)’s Oxymoronic “Not Hearsay” Classification: The Untold Backstory and a Suggested Amendment, 2011 Fed. Cts. L. Rev. 5 (May 2011). In the article,…

  4. California Employment Law Update

    New Government-Created SmartPhone “App” Now Available For Use As “iEvidence” To Assist Employees In Wage Disputes

    By Proskauer Rose

    As the federal government wades deeper into the realm of mobile "apps" (among the most useful, of course, the Smithsonian Institution’s “MEanderthal” app, which enables users to morph personal photos…

  5. Drug & Device Law

    Experts Offering Evidence of Corporate Intent, Ethics, And The Like

    By Bexis

    Returning from the ALI meeting, Bexis had sitting in his inbox the final hard copies of update 14 for his Drug/Device products liability book.  For those of you that use…

  6. Legal Profession Blog

    An aside about some new digital publications, one actually on topic

    By Michael Frisch

    Posted by Alan ChildressThe one on-topic features NYU's Stephen Gillers' new article on the professional responsibility of lawyers who hold or come across real evidence in a case, such as…

  7. California Trust, Estate & Probate Litigation

    Legal Lasagna: Building Your Case One Layer At A Time

    By Keith A. Davidson

    In an earlier blog post, I shared a handout we give our clients so that they will know what to expect in their lawsuit.  All lawsuits are different, but there…

  8. EvidenceProf Blog

    Be Kind, Rewind: Southern District Of Ohio Uses Best Evidence Rule To Preclude Admission Of Private Eye’s Affidavit

    By Colin Miller

    Federal Rule of Evidence 1002, the Best Evidence Rule, provides thatTo prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise…

  9. EvidenceProf Blog

    Can I See Some ID?: EDNY Opinion Reveals Differences Between Federal & NY Prior ID Rules

    By Colin Miller

    Federal Rule of Evidence 801(d)(1)(C) provides thatA statement is not hearsay if...[t]he declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is...one…

  10. Civil Procedure & Federal Courts Blog

    Announcing a New Jotwell Section: Courts Law

    By Civil Procedure & Federal Courts Blog

    Today the new Courts Law section of Jotwell is officially up and running. For those of you who are unfamiliar with Jotwell, here’s a quick summary:Jotwell, the Journal of Things We…