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Excited Utterance
Ed Cheng / Alex Nunn
171 episodes
1 week ago
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.
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Education
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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.
Show more...
Education
Episodes (20/171)
Excited Utterance
171 Alfred Yen
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.
Show more...
1 month ago

Excited Utterance
170 Brandon Garrett
Defending Due Process. Brandon Garrett from Duke University discusses his new book, Defending Due Process: Why Fairness Matters in a Polarized World.
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1 month ago

Excited Utterance
169 Yan Fang
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.
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1 month ago

Excited Utterance
168 Avani Mehta Sood
Verdict Format on Trial. Avani Sood from NYU discusses the use of special verdicts in criminal cases, and why perhaps we should favor them instead of the traditional general verdict.
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2 months ago

Excited Utterance
167 Jack Whiteley
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.
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2 months ago

Excited Utterance
166 Daniel Medwed
Dan Medwed from Northeastern University discusses the past, present, and future of Chambers v. Mississippi and the right to present a defense.
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3 months ago

Excited Utterance
165 Hayley Stillwell
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.
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8 months ago

Excited Utterance
164 Stephen Simon
Value Judgments and the Fact-Law Distinction. Stephen Simon from the University of Richmond offers a new perspective on the time-honored law-fact distinction.
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8 months ago

Excited Utterance
163 Tomer Kenneth
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.
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8 months ago

Excited Utterance
162 Lisa Kern Griffin
The Limits and Costs of Cross-Examination. Lisa Kern Griffin from Duke University considers the costs of our excessive devotion to and dependence on cross-examination as our chief mechanism for ensuring accuracy in factfinding.
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9 months ago

Excited Utterance
161 Ronald Allen
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.
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9 months ago

Excited Utterance
160 Trace Maddox
The Lawyer, the Witch, and the Witness. Trace Maddox from NYU School of Law discusses the witchcraft trials in sixteenth to eighteenth-century England, and how contrary to popular belief, they largely adhered to standard procedural and evidentiary rules at the time. His historical findings thus raise interesting questions about the nature of a fair and just adjudicatory system.
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10 months ago

Excited Utterance
159 Michael Risinger
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.
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10 months ago

Excited Utterance
158 David Caudill
Judges Should Be Discerning Consensus, Not Evaluating Scientific Expertise. Dave Caudill from Villanova critiques and improves upon Ed Cheng's proposal to have courts defer to expert consensus rather than screening expert evidence through Daubert. The episode features some guest concluding remarks from Ed Cheng.
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1 year ago

Excited Utterance
157 Alexa Perez
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.
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1 year ago

Excited Utterance
156 Nila Bala
Parent-Child Privilege as Resistance. Nila Bala from the University of California Davis discusses why there should be greater adoption of a parent-child privilege, and how it could be an important tool for resisting injustice and government overreaching.
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1 year ago

Excited Utterance
155 Richard Friedman
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.
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1 year ago

Excited Utterance
154 Christopher Sundby
The Neuroscience of the Present Sense Impression. Chris Sundby from Gelber Schachter & Greenberg, P.A. discusses his experiments probing the neuroscientific and psychological bases of the present sense impression exception to the hearsay rule.
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1 year ago

Excited Utterance
153 William Ortman
Confession and Confrontation. Will Ortman from Wayne State University discusses how the modern Confrontation Clause might be used to help improve the reliabilty of defendant confessions.
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1 year ago

Excited Utterance
152 Rebecca Tushnet
Of Bass Notes and Base Rates. Rebecca Tushnet from Harvard Law School discusses the base rate problems that surface in the expert testimony common in music copyright litigation.
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1 year ago

Excited Utterance
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.