Evidence Course Home Page


 
Resource Materials on Evidence



Codified Rules of Evidence 

Federal Rules of Evidence
United States: Federal Rules of Evidence: Official Government Site (mainly about proposed amendments to rules of procedure & evidence)

California Evidence Code

Other States

Canada Evidence Act


Model Rules

Uniform Rules of Evidence
  • The Uniform Rules of Evidence now largely mimic the Federal Rules of Evidence, and the URE are therefore less of a "model" than they once were. Nevertheless, there are differences between the FRE and the URE, and the differences can be instructive.
  • All-Purpose Evidence Sites

    Legal Information Institute (Cornell): Overview of Evidence

    AALS Evidence Section Site (academic orientation)

    David Sklansky's web page of online resources.

    Evidence Blogs

    Daubert on the Web

    Deception Blog

    Confrontation Blog

    Science and Law Blog

    Tillers on Evidence and Inference

    An Eclectic Selection of Hard Copy Books & Articles

    Christopher Allen, The Law of Evidence in Victorian England (1997)

    Terence Anderson, David Schum & William Twining, Analysis of Evidence (Cambridge U. Press, 2nd ed., 2005)

    Vaughn C. Ball, "The Myth of Conditional Relevance," 14 Ga. L. Rev. 435 (1980)

    L.J. Cohen, The Probable and the Provable (1977)

    J.S. Covington, Jr., The Structure of Legal Argument and Proof (Wm. S. Hein & Co., 2nd ed., 2006)

    Mirjan R. Damaška, Evidence Law Adrift (1997)

    James J. Duane, "The New Federal Rules of Evidence on Prior Acts of Accused Sex Offenders," 157 F.R.D. 95 (1994).

    David Faigman, The Federal Rules of Evidence Map (West 2004, 2006) (indispensable mnemonic device for law students and trial lawyers; put on the wall by your bedside or desk)

    David L. Faigman, David H. Kaye, Michael J. Saks, and Joseph Sanders, "How Good is Good Enough? Expert Evidence under Daubert and Kumho," 50 Case W. Res. L. Rev. 645 (2000)

    Clifford Fishman, "Consent, Credibility, and the Constitution: Evidence Relating to a Sex Offense Complainant's Past Sexual Behavior," 44 Catholic University L. Rev. 709 (1995)

    James Franklin, The Science of Conjecture: Evidence and Probability before Pascal (2001) (magisterial, magnificent; perhaps this book should be required reading for every law student)

    Reid Hastie, Steven Penrod & Nancy Pennington, Inside the Jury (1983)

    Office of Legal Policy, Department of Justice, "The Admission of Criminal Histories at Trial, Executive Summary," 22 U. Mich. J.L. Ref. 707, 751 (1989) (see also Karp article below)

    Joseph Kadane & David Schum, A Probabilistic Analysis of the Sacco and Vanzetti Evidence (1996)

    David J. Karp, "Evidence of Propensity and Probability in Sex Offense and Other Cases," 70 Chicago-Kent L. Rev. 15 (1994) (Karp was "Senior Counsel to the Office of Policy Development, United States Department of Justice, which was theprimary author of Federal Rules of Evidence 413-415)

    Richard Lempert, ed., Evidence Stories (Foundation Press, 2006)

    Richard Lempert, Samuel Gross & James Liebman, A Modern Approach to Evidence: Text, Problems, Transcripts & Cases (3d ed. 2000) (a mammoth and magnificent treatise, casebook & problem book; its main defect if any is its failure to take hierarchical inference seriously)

    David Leonard & Victor Gold, Evidence: A Structured Approach (2004) (a compact casebook offering a well-designed introduction to the law of evidence)

    Andrew Ligertwood, Australian Evidence (3d ed. 1998 or a more recent edition)

    Graham C. Lilly, An Introduction to the Law of Evidence (4th ed. 200-)

    Edmund M. Morgan, Basic Problems of Evidence (1961)

    Andrew J. Morris, "Federal Rule of Evidence 404(B): The Fictitious Ban on Character Reasoning from Other Crime Evidence," 17 Rev. Litig. 181 (1998)

    Christopher B. Mueller & Laird C. Kirkpatrick, Evidence (1995)

    Peter Murphy, Evidence, Proof, and Facts: A Book of Sources (2003)

    Dale Nance, "Foreword: Do We really Want to Know the Defendant?," 70 Chicago-Kent L. Rev. 3 (1994)

    Louis Natali, Jr. & Stephen Stigall, "'Are You Going To Arraign His Whole Life?': How Sexual Propensity Evidence Violates the Due Process Clause," 28 Loy. U. Chi. L.J. 1 (1996)

    Andrew Palmer, Proof and the Preparation of Trials (2003)

    Roger Park, David Leonard & Steven Goldberg, Evidence Law (Hornbook Series, Thomson-West, 2nd ed., 2004)

    Stephen A. Saltzburg, Michael M. Martin, and Daniel J. Capra, Federal Rules of Evidence Manual (various editions)

    David Schum, Evidential Foundations of Probabilistic Reasoning (1994) (the most comprehensive analysis in existence of forms of evidence and inference; but law students and lawyers are advised to skip the mathematics)

    J. Tanford & A. Bocchino, "Rape Victim Shield Laws and the Sixth Amendment," 128 U. Pa. L. Rev. 544 (1980)

    Peter Tillers, "If Wishes Were Horses: Discursive Comments on Attempts to Prevent Individuals from Being Unfairly Burdened by their Reference Classes," 4 Law, Probability and Risk 33 (2005)

    Peter Tillers & Jonathan Gottfried, "Case comment—United States v. Copeland, 369 F. Supp. 2d 275 (E.D.N.Y. 2005): A Collateral Attack on the Legal Maxim That Proof Beyond A Reasonable Doubt Is Unquantifiable?," 5 Law, Probability and Risk 135 (2006); James Franklin, "Case comment—United States v. Copeland, 369 F. Supp. 2d 275 (E.D.N.Y. 2005): quantification of the ‘proof beyond reasonable doubt’ standard," 5 Law, Probability and Risk 165 (2006); Jack B. Weinstein & Ian Dewsbury, "Comment on the meaning of ‘proof beyond a reasonable doubt.’" 5 Law, Probability and Risk 167 (2006); Jon O. Newman, "Quantifying the standard of proof beyond a reasonable doubt: a comment on three comments," -- Law, Probability and Risk -- (2007), advance access at http://lpr.oxfordjournals.org/papbyrecent.dtl

    Laurence H. Tribe, "Triangulating Hearsay," 84 Harv. L. Rev. 957 (1974)

    William Twining, Rethinking Evidence: Exploratory Essays (1990)

    William Twining & Iain Hampsher-Monk, eds., Evidence and Inference in History and Law (2003)

    David T. Wasserman, The Morality of Statistical Proof and the Risk of Mistaken Liability, 13 Cardozo L. Rev. 935 (1991)

    Glen Weissenberger & James Duane, Federal Rules of Evidence (4th ed. 2001 or more recent edition)

    Charles Alan Wright & Kenneth C. Graham Jr., Federal Practice and Procedure: Evidence (1980) (with supplements)

     

    More Online Material

    Scientific Evidence

    U.S. Federal Judicial Center: Reference Manual on Scientific Evidence (2d ed.)

    David Kaye's Home Page

    Forensic Entomology


    Repressed & Recovered Memory:

    http://law.about.com/newsissues/law/library/weekly/aa043098.htm?once=true& (with links)

     

    Photographic and Demonstrative Evidence

    Jennifer Mnookin on Photographic Evidence

    Thomas Thurston on History of Photographic Evidence

    Computer-Generated Evidence:

    http://www.cyberbar.net/expaper/demev.html (with examples!)

    http://www.eaglelink.com/law-review/3w97.html

    Dunn on Virtual Reality Evidence

    Visual Evidence in General

    Doar, Inc., on Trial Presentation

    Cardozo Conference on Graphic and Visual Representations of Evidence and Inference in Legal Settings


    Evidence in Sexual Misconduct Cases
    Notes on the William Kennedy Smith Trial

    Notes on the Character Evidence Rule in Sexual Misconduct Cases

     

    Evidence-Related Online Journals

    Law, Probability and Risk: a journal of reasoning under uncertainty

    International Commentary on Evidence

     

    Other Courses in the Law of Evidence

    Eric Green, Charles Nesson & Peter Murray
    David A. Sklansky

     

    Evidence in Famous Trials

    Professor Douglas O. Linder, Famous Trials: O.J. Simpson Trial (1995)  

     

    Miscellaneous

    The Evidence Project, Paul Rice, Director (focus on Rice's proposals for reforms of Federal Rules of Evidence)

     



    Evidence Course Home Page