Excited Utterance

178 Susan Provenzano & Sarah Brown-Schmidt

The Overlooked Witness Memory Risk. Sue Provenzano from Georgia State University and Sarah Brown-Schmidt from Vanderbilt University discuss the problem of “hear-witnesses,” witnesses who report about what was previously said, and how evidence law does not adequately account for their accuracy risks.

177 Kay Levine

Opinion Surveys Across the Civil-Criminal Divide. Kay Levine from Emory University discusses the uses of opinion survey evidence, how its admissibility is inconsistent between civil and criminal contexts, and perhaps why the divide exists.

176 Mary Fan

AI-Enhanced Evidence Law. Mary Fan from the University of Washington discusses the challenges of AI-enhanced evidence in the courtroom, how to ensure its reliability, and concerns about disparities between prosecution-offered and defense-offered AI-enhanced evidence.

175 Rebecca Wexler

Law Enforcement Privilege. Rebecca Wexler from Columbia Law School discusses the privilege governing police investigative methods, the reasons for the privilege, as well as its costs to transparency and the ability to regulate police conduct in accord with the Fourth Amendment.

174 Edith Beerdsen

Strategy for Strategy's Sake. Edith Beerdsen from Temple University asks whether strategic or "sporting" behavior has any place in a system of legal proof, and when being clever goes too far.