Now showing items 1-10 of 31
Daubert handbook: The case, its essential dilemma, and its progeny
This Article is about Daubert v. Merrell Dow Pharmaceuticals, Inc. It is not about whether Daubert is a good decision or whether it is a bad decision, although, in my view, Daubert is a pretty good decision given the statute ...
Law professor reveals shocking truth about hearsay
This article exposes shocking, never-before-revealed truths about hearsay evidence. In my study of the rule, leading to my book (THE HEARSAY RULE, 2d edition, published in 2009 by Carolina Academic Press) I have discovered ...
Presumptions: 350 years of confusion and it has come to this
The title of this article — Presumptions: 350 Years of Confusion and It Has come to This — is pretty much self-explanatory. The article begins with “the bottom line on presumptions. They are inextricably confused devices ...
Here's the real trouble with experts
"Here's the Real Trouble with Experts!" answers this question: Does it seem that experts have become a much bigger problem than they used to be? It seems so to me, and this piece explores what I see as the ten principal ...
Forced use of inadmissible hearsay evidence in bankruptcy court
In bankruptcy courts across the land, the hearsay rule is violated daily. Bankruptcy courts have created a huge, largely undefended, de facto hearsay exception. In those courts it is common practice to receive evidence via ...