Episodes

  • 158 David Caudill

    158 David Caudill
    Oct 28 2024
    Judges Should Be Discerning Consensus, Not Evaluating Scientific Expertise. Dave Caudill from Villanova critiques and improves upon Ed Cheng's proposal to have courts defer to expert consensus rather than screening expert evidence through Daubert. The episode features some guest concluding remarks from Ed Cheng.
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    Less than 1 minute
  • 157 Alexa Perez

    157 Alexa Perez
    Oct 14 2024
    A Critical Analysis of Rap Shield Laws. Alexa Perez from Drake University examines how rap lyrics are handled by existing evidence rules and whether they should be the subject of special "rap shield" evidentiary rules.
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    Less than 1 minute
  • 156 Nila Bala

    156 Nila Bala
    Sep 30 2024
    Parent-Child Privilege as Resistance. Nila Bala from the University of California Davis discusses why there should be greater adoption of a parent-child privilege, and how it could be an important tool for resisting injustice and government overreaching.
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    Less than 1 minute
  • 155 Richard Friedman

    155 Richard Friedman
    Sep 16 2024
    A Proposal to Replace the Hearsay Rules. Rich Friedman from the University of Michigan offers a proposal to radically simplify and rationalize our much-maligned hearsay rule along Confrontation lines.
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    Less than 1 minute
  • 154 Christopher Sundby

    154 Christopher Sundby
    Sep 2 2024
    The Neuroscience of the Present Sense Impression. Chris Sundby from Gelber Schachter & Greenberg, P.A. discusses his experiments probing the neuroscientific and psychological bases of the present sense impression exception to the hearsay rule.
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    Less than 1 minute
  • 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