The dynamic evidence page
It's here: the law of evidence on Spindle Law. See also this post and this post
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28 U.S.C. Section 2074. Rules of procedure and evidence; submission to Congress; effective date
(a) The Supreme Court shall transmit to the Congress not later than May 1 of the year in which a rule prescribed under section 2072 is to become effective a copy of the proposed rule. Such rule shall take effect no earlier than December 1 of the year in which such rule is so transmitted unless otherwise provided by law. The Supreme Court may fix the extent such rule shall apply to proceedings then pending, except that the Supreme Court shall not require the application of such rule to further proceedings then pending to the extent that, in the opinion of the court in which such proceedings are pending, the application of such rule in such proceedings would not be feasible or would work injustice, in which event the former rule applies.
(b) Any such rule creating, abolishing, or modifying an evidentiary privilege shall have no force or effect unless approved by Act of Congress.
See The General Nature, Purposes & Scope of the Course in Fact InvestigationFact Investigation II, offered in the spring semester, is a continuation of Fact Investigation I, which is given in the fall semester. In the spring semester, teams of students attempt to bring to a conclusion one or more of the investigations they began the previous semester. Although the fall semester course and the spring semester course have some of the same objectives and themes, the spring semester course differs in important ways from its predecessor. In the spring semester there is more emphasis on sources of evidence beyond databases and public records; for example, there is a greater emphasis on witness interviews. More generally, in the spring semester there is less emphasis on exploratory investigation and there is more emphasis on bringing an investigation to a successful conclusion. For this reason, in the spring semester substantially more attention is devoted to the relationship between the steps taken during investigation and matters such as (a) the legal requirements governing the admissibility of evidence in settings such as trials; (b) the extent and the range of the evidence bearing on legally-material factual issues and hypotheses; (c) assessment of the probative value of evidence and the credibility of witnesses; and (d) the persuasiveness of the evidence that may be submitted to a trier of fact or audience such as a judge, a jury, a legislative committee, a corporate executive, or the public.
I wonder how Judge Posner grades the performance of the students in his unorthodox but interesting Evidence course? Does he consult the opinions of academics or the opinions of the students' colleagues before he awards a student a grade? And if he does that, do they in turn ask Posner what he thinks? (Do you detect a vicious circle here? [But the paradox is solved if we have an academic pope -- such as Judge Posner.])Perhaps Judge Posner proves once again that people tend to prefer the measures of merit - the "merit metrics" - that make them look best.
Spindle Law interview of Erwin Chemerinsky.
China has introduced a number of measures over recent years to cut down the number of executions.
This latest development appeared in the annual report of the supreme court.
"Suspend the death sentence for two years for all cases that don't require immediate execution," read the report.
The court does not say why some cases might need to be carried out immediately, although in the past the government has instructed judges to be more severe in cases that involved crimes it was targeting.
Those benefiting from the changes will probably never be executed.
Criminals given a suspended death penalty usually have their sentences commuted to life imprisonment.
China does not reveal the number of executions it carries out each year, but it is thought to kill more people than any other country.
Four years ago the Supreme People's Court took back the right to review every death sentence handed out by lower courts.
The result has been fewer executions.
Earlier this year China reduced the number of crimes that carry the death penalty by 13 to 55.
As we explained in detail in United States v. Weber, 451 F.3d 552 (9th Cir. 2006), penile plethysmograph testing involves placing a device on a man's penis to "measure[ ] its circumference and thus the level of the subject's arousal as he is shown sexually explicit slides or listens to sexually explicit audio scenes," id. at 562 (internal quotation marks omitted). Plethysmograph testing has become a fairly common component of sex offender treatment programs. Id.
8:50 – 9:00
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Giovanni Sartor & Peter Tillers
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Welcome, greetings
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9:00 – 9:30
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James Franklin
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How much of commonsense and legal reasoning is formalizable? A review
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9:30 – 10:00
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D. Michael Risinger
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Against Symbolization—Some reflections on the limits of formal systems in the description of inferential reasoning and legal argumentation
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10:00 – 10:30
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Federico Picinali
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Structuring inferential reasoning in criminal cases. An analogical approach
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10:30 – 11:00
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Coffee
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Coffee
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11:00 – 11:30
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Michael Pardo
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Relevance, Sufficiency, and Defeasible Inferences: Comments on Modeling Legal Proof
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11:30 – 12:00
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David Hamer
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A probabilistic model of the relationship between the quantity (weight) of evidence, and its strength
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12:00 – 12:30
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Joseph Laronge
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Evaluating Universal Sufficiency of a Single Logical Form for Inference in Court
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12:30 – 1:00
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Rainhard Bengez
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On the Computable Structure of the Logocratic Method and Analyses Specific to Evidence Law
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1:00 – 2:00
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Lunch
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Lunch
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2:00 – 2:30
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Bruce Hay
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Roughly Two Conceptions of the Trial
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2:20 – 3:00
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Ronald J. Allen
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Taming Complexity: Rationality, the Law of Evidence, and the Nature of the Legal System
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3:00 – 3:30
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Scott Brewer
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Representing Legal Arguments: The Centrality of Abduction
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3:30 – 4:00
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Coffee
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Coffee
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4:00 – 4:30
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Douglas Walton & Floris Bex
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Combining Evidential and Legal Reasoning with Burdens and Standards of Proof
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4:30 – 5:00
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Bart Verheij
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Can the argumentative, narrative and statistical perspectives on legal evidence and proof be integrated?
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5:00 – 5:30
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Henry Prakken
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Can non-probabilistic models of legal evidential inference learn from probability theory?
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5:30 – 6:00
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Giovanni Sartor & Giuseppe Contissa
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Evidence arguments in air traffic safety. A model for the law?
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6:00 – 6:30
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Boaz Sangero
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Proposal to Reverse the View of a Confession: From Key Evidence Requiring Corroboration to Corroboration for Key Evidence
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Do You Believe in Sociobiology and the Law? - Chapter II (October 21, 2007)See also the brief discussion associated with Figure 3 of the following blog post:
Friday, October 16, 2009
Brain Science: A Meditation on Mechanical Lie Detection
Drawing Inferences about "Deception" from Observed Events in the Brain:
Of fMRI and Similar Purported Tools for Observing or Inferring States of the Human Mind and Heart
Under many circumstances, of course, the wrongful action (or inaction) of some public official makes it difficult or impossible to make a reasonable judgment about the guilt or innocence of some person. When that is the case, that is what we should say is the case.
1. Renee Y. Rastorfer, "THOMAS S. DABAGH AND THE INSTITUTIONAL BEGINNINGS OF THE UCLA LAW LIBRARY: A CAUTIONARY TALE," 95 Law Library Journal 347, 357 (2003) ("[T[he dean of the law school, L. Dale Coffman, became a vocal supporter of the loyalty oath. In later years, he recalled that Regent Edward Dickson was unhappy about the controversy embroiling the system. 'Indeed so. As a matter of fact, that's why he came to me to see if [Roscoe] Pound and I and other members of the faculty would make public statements in that regard. I did to the Examiner. Pound did, too .... I stated publicly that I'm not a communist, I never have been, I never expect to be, and I don't see where in it interferes with my academic freedom to say so.')
See generally, N.E.H. Hull, Chapter 6 ("Pound Moves to the Right and Llewellyn Applies Himself") in Roscoe Pound and Karl Llewellyn: searching for an American jurisprudence (Chicago, 1997).
I don't know if Wikipedia tolerates anecdotes -- but if it does, please add any jokes or cracks that you recall Chadbourn making.
At the moment, the Wikipedia entry has an impersonal tone. This is unfortunate.
Perhaps some of you can recount some of Chadbourn's long-distant political and academic battles when he was at UCLA.
Perhaps some of you have stories about Chadbourn's days at Harvard.
It's here: the law of evidence on Spindle Law. See also this post and this post.