Excited Utterance

Opinion Surveys Across the Civil-Criminal Divide. Kay Levine from Emory University discusses the uses of opinion survey evidence, how its admissibility is inconsistent between civil and criminal contexts, and perhaps why the divide exists.

Law Enforcement Privilege. Rebecca Wexler from Columbia Law School discusses the privilege governing police investigative methods, the reasons for the privilege, as well as its costs to transparency and the ability to regulate police conduct in accord with the Fourth Amendment.

Antiracist Expert Evidence. Asess Bhasin from the University of Maryland and Jasmine Gonzales Rose from Boston University discuss the ways in which expert evidence can address racism and racial discrimination in our system of evidence and proof.

The Evidentiary Use and Misuse of Forensic Musicology in Copyright Litigation. Fred Yen from Boston College discusses the use of musicology experts in copyright litigation and what they should and should not be permitted to testify about.

Internet Technology Companies as Evidence Intermediaries. Yan Fang discusses the modern role of internet technology companies as significant repositories of evidence and how these companies fulfill their legal obligations.

The Three-Verdict Problem. Jack Whiteley from the University of Minnesota discusses the Scottish tripartite system of jury verdicts, featuring verdicts of guilty, not guilty, and not proven.

Placebo Trials. Hayley Stillwell from the University of Oklahoma proposes the use of "placebo trials," test trials in which the alleged defendant is known to be innocent, to learn about jury dynamics and the empirical consequences of evidentiary rules.

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.

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 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.

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.

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.