Excited Utterance

In Defense of Factual Precedents. Tomer Kenneth from the University of Southern California discusses the evidentiary problem of general facts that are applicable across multiple cases, and whether there should be governed by doctrines akin to precedent.

The Limits and Costs of Cross-Examination. Lisa Kern Griffin from Duke University considers the costs of our excessive devotion to and dependence on cross-examination as our chief mechanism for ensuring accuracy in factfinding.

Minimal Rationality and the Law of Evidence. Ron Allen from Northwestern University argues that the goal of the law of evidence is to ensure minimal, not maximal, rationality in our adjudicative processes.

The Lawyer, the Witch, and the Witness. Trace Maddox from NYU School of Law discusses the witchcraft trials in sixteenth to eighteenth-century England, and how contrary to popular belief, they largely adhered to standard procedural and evidentiary rules at the time. His historical findings thus raise interesting questions about the nature of a fair and just adjudicatory system.

The Surprising Story of Smith v. Rapid Transit. Michael Risinger from Seton Hall University recounts his historical research into the famous case of Smith v. Rapid Transit, the case which ultimately spawned the "Blue Bus" hypothetical on statistical proof.

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.

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.

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.

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.

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.