Wednesday, October 22, 2008

The late Professor James W. Jeans, Sr., makes a modest proposal

And what was Professor Jeans's modest proposal? It was to "scrap the the rules of evidence." See his posthumously-published article at 2 Liberty University L. Rev. 1 (2007).

If one reads the article, one finds that his proposal is less radical than the title of his article suggests: he mainly wanted a make-over of the Federal Rules of Evidence -- particularly their overall structure -- rather than the complete abolition of the law of evidence. (In an appendix Jeans laid out his proposed revised rules of evidence.)

The law of evidence is a sturdy plant -- or, if you prefer, a hardy weed. Why is that, dear Reader?

the dynamic evidence page

consulting on investigation strategy and the law of evidence

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