Saturday, August 29, 2009

Updated List of Stacks (Evidence Marshaling Strategies) in MarshalPlan

The stacks (files) found below are the evidence marshaling stacks that now exist in MarshalPlan -- and each one of these stacks (or files) is the equivalent of a method of marshaling, or organizing, evidence. You can run those stacks with Revolution Player. (To download a non-Windows-operating-system player, go here.)

I suggest you download all of the stacks found below before you run them with the Revolution Player -- because then the stacks will link to each other and you can then see MarshalPlan 3.1 in its full glory.

After you download all of the stacks and open Revolution Player, I strongly suggest you start by running the stack Network Manager; this stack gives you a map of all of the other stacks.

Network Manager

As I noted above, I suggest you begin by using Revolution Player to run this stack.
Analysts (Users)
Legal Actors
Event Actors
Witnesses
Directory of (All) Persons
Case Theory
Evidence of Material Facts
Evidence for and against Material Facts
Legal Argument
Substantive Legal Rules
Rules of Evidence
Legal Source Material
Loose Thoughts
Possibilities
Elimination of Possibilities
Questions & Issues
Raw Evidence
Records
Actor Scenario
Case Scenario
Tangible ("Real") Evidence
Actor Time Line
Case Time Line
Time Line for Tangible Evidence
Witness Time Line
Narrative, Story-Telling, and Rhetoric
Investigation and Proof Time Line
Witness Credibility
Witness Credibility Attribute: Ability to Communicate
Witness Credibility Attribute: Veracity
Witness Credibility Attribute: Personal Knowledge
Witness Credibility Attribute: Memory
Witness Credibility Attribute: Objectivity
Witness Credibility Attribute: Sensory Capacity (Quality of Sense Organs)
Probative Value (a/k/a "Argument from Evidence to Factual Hypothesis," or "Factual Inference" proper)

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N.B. As always, please keep in mind that MarshalPlan is not a prototype of a real-world real-time operating system. In its present configuration, it is more akin to a tinker-toy, suitable for use mainly in the classroom.

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If you wish to view MarshalPlan in your browser (rather than download MarshalPlan stacks), go here and follow the instructions.

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The dynamic evidence page

Coming soon: the law of evidence on Spindle Law

New York Times v. Oxford University Press

In the American law school world what is the comparative weight of:
A. Prominent and repeated mention of the thoughts of a faculty member by the New York Times

and

B. Publication of a book by Oxford University Press?

Problem:
1. Reported pronouncements of academics in the mass media tend to be glib rather than thoughtful.

2. Academic books are, more often than not, arcane, arid, and irrelevant.

Mentions in the mass media count more in the law school world than some observers might think; they count for quite a bit. (Word of such mentions quickly circulates in metaphorical faculty corridors, and there is often a breathless quality to academics' mentions of such mentions by the mass media.)

P.S. I confess to having written arcane and arid stuff. But I do not admit that any or much of it is "irrelevant." ("Irrelevant to what?," you might ask. My reply: "That's a good question.")

P.P.S. The prestige of mentions by the New York Times may well decline. The importance of TV publicity will probably increase.

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These thought fragments came into my brain while I was watching a C-Span Booknotes re-broadcast of an interview with Richard Posner about his book Public Intellectuals: A Study in Decline (2002).

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The dynamic evidence page

Coming soon: the law of evidence on Spindle Law

Parts of the Alpha Version of the Evidence Module Have Been Unveiled

Parts of the alpha version of Spindle Law's evidence module have been unveiled. If you wish to see what's what and to contribute to the development of the module -- and I warmly encourage you to do so --, please write to info@spindleresearch.com for a password, and then go here and get to work!

N.B. The evidence module now accommodates state cases, and not just federal cases. This is a sea-change in the scope of the evidence module. The cases now found in the evidence module are exclusively federal cases. State cases are badly needed. Contribute them!

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The dynamic evidence page

Coming soon: the law of evidence on Spindle Law