Excited Utterance

Incentives, Lies, and Disclosure. Christopher Robertson from the University of Arizona questions our tradition of offering inducements to prosecution witnesses and discusses some recent informative psychological studies.

A Theory of Facts and Circumstances. Andrew Hayashi from the University of Virginia School of Law discusses how the law should provide guidance on the kinds of facts and circumstances that factfinders should use to make inferences.

Rethinking Rule 408. Richard Reuben from the University of Missouri School of Law proposes revising Rule 408 to address the needs of modern settlement discussions.

Examples and Exceptions Under the Federal Rules of Evidence. Dora Klein from St. Mary's University School of Law explores the confusion created the examples offered in the text of the Federal Rules of Evidence.

The Unrealized Promise of Forensic Science. James Anderson explores why the legal system does not produce as much forensic evidence as it perhaps should.

The Cost of Character. Jennifer Hunt from the University of Kentucky Department of Gender and Women’s Studies discusses the double-edged nature of Rule 404(a)(2)(A), the exception permitting criminal defendants to offer good character about themselves.

Evidence on Fire. Valena Beety from West Virginia University College of Law discusses the potential problems of fire scene evidence, and how such evidence is often treated differently in the civil versus criminal context.

Precedent and Preclusion. Alan Trammell from the University of Arkansas School of Law discusses the deep tension between doctrines governing issue preclusion and binding precedent, the reasons for it, and how it might be resolved.

Examining the Admissibility of Living-Victim Photographs in Murder Trials. Susanna Rychlak Allen, a graduate of Vanderbilt Law School, takes an evidentiary look at legislation requiring the admissibility of photographs of murder victims at trial.

The People, Rules, and Processes Governing Online Speech. Kate Klonick from Yale Law School talks about how online providers make decisions distinguishing appropriate from inappropriate content.