Evidence

From Cyberlaw

The Law Lord Like Judge Dredd, i am the law.

TRUTH, DISPUTE and DISPUTE RESOLUTION

CHARACTER, REPUTATION and the FIFTH AMENDMENT

- - -

Notes and Student Pieces

Notes from Jamaica Night
The Correspondence Theory of Truth
Peretz v. Nesson : and now, Discuss!
Hurricane Thoughts

January 3 || January 4 || January 5 || January 6 || January 9 || January 10 || Rodney King Video notes || January 11 || January 12 || January 13 || January 17 || January 18 || January 19 || January 20

Stories

FREE_JAH_CURE_FREE_SHAMIKA_FREE_JAMAICA: The Movie

In Class Commentary

commentary 1/6/06 || commentary 1/9/06 || commentary 1/10/06 || commentary 1/11/06 || commentary 1/12/06 || commentary 1/13/06 || commentary 1/17/06 || commentary 1/18/06

Ideas | Responses to discussion

(each day, the thoughts from that day will be moved to a new page, linked below. please keep adding thoughts to those posts at will)

nuremberg thoughts || relevance, truth and narrative || rape, trials, etc || Jah Cure Questions || Jamaica, music, culture || Juries || Confrontation; Crawford || Wendy Murphy || Rodney King || Judging Sexual Assault Cases || The "Hurricane" Project || Forms of Hearsay

Hurricane Carter Event Blog (post comments)(nesson here: tried to post a comment but am told i'm not on the team - sniff)

Wendy Murphy

1. charlie -- i thought you might appreciate this new decision McCullum as a teaching tool; it's a mix of rape shield and prior bad acts -- with the appellate court seeing things the exact reverse of the trial court - i usually teach rape-shield and PBA together so students can think about probative v prejudice value from the perspective of accused v victim and think critically about whether the rules of evidence should apply differently -- but i usually use two different cases -- this decision not only has both issues in the same case - which isn't terribly rare -- but it produces a blatantly disparate sexist result -wendy

2. this is a piece i wrote about rape shield laws -- explaining in part why i advocate repeal across the board: RAPE-SHIELD LAWS AND FAIR TRIALS

Questions

rim questions || syllabus question || exam question || journal question || nonsuit question || FRE 413 question

Nuremberg questions || Islam questions || Feedback Memos || Trial questions

Keep the Wiki Alive!
- But how???
  - how can we get involved with Kevin, Hurricane, etc. on a local -- international level?

Suggestions

I Need More Sleep!!!

People

Groups

Wiki-Masters	Columns	Editorial	Entertainment 1	Entertainment 2	Entertainment Radio	International 1	International 2
Letters	Lifestyle1	Lifestyle2	Sport	Scribers	Bloggers	News

Links

Evidence

Wiki Evidence Textbook - Help Edit!
Commons
- bugmenot.com for registration -- it is your friend.
- Lawrence Lessig ala Wikipedia
- metafilter (Do you like pancakes?)
- del.icio.us tag cloud ; learn about tags here
- Prof. Zittrain's class wiki
- Mr. T vs. Jack Valenti (Co-starring Jonathan Zittrain)
- Torts Poem by Glenn Otis Brown
- Science Commons and Wilbanks's bio in particular

Quotes

The dilettante's quote of the day:
What a strange thing that which men call pleasure seems to be, and how astonishing the relation it has with what is thought to be its opposite, namely pain! A man cannot have both at the same time. Yet if he pursues and catches the one, he is almost always bound to catch the other also, like two creatures with one head.
&amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;#8212;Socrates, in Plato’s Phaedo
A crackdown on jaywalkers in the Los Angeles Civic Center resulted in nearly 250 citations in the past six months--and a $500,000 civil-rights lawsuit claiming that attorneys were being unfairly targeted by county police officers," reports the Los Angeles Daily News: The lawsuit filed by Beverly Hills attorney Robert W. Hirsh says he has seen officers from the Los Angeles County Police cite lawyers jaywalking across Hill Street, between a parking garage and the Stanley Mosk Courthouse, while ignoring fellow law enforcement officers doing the same thing. AND NOW THE LAW LORD SPEAKS: "It's wrong for them to play gotcha with attorneys, but turn a blind eye to their law enforcement brethren," said Hirsh, who was not ticketed himself. "When the police have the temerity to violate the civil rights of attorneys, then no one in a free society is safe."
Some insightful thoughts on making sense of the reality that is around us:
"Reports that say that something hasn't happened are always interesting to me, because as we know, there are known knowns; there are things we know we know. We also know there are known unknowns; that is to say we know there are some things we do not know. But there are also unknown unknowns -- the ones we don't know we don't know." - Donald Rumsfeld
- Especially true when the government operates in secrecy and assails those who report on it.--Anonymousdork 14:16, 5 January 2006 (EST)
Best jury duty ever
In the interview Hardy stated that he "felt like . . . the jury was on one big party." Hardy indicated that seven of the jurors drank alcohol during the noon recess. Four jurors, including Hardy, consumed between them "a pitcher to three pitchers" of beer during various recesses. Of the three other jurors who were alleged to have consumed alcohol, Hardy stated that on several occasions he observed two jurors having one or two mixed drinks during the lunch recess, and one other juror, who was also the foreperson, having a liter of wine on each of three occasions. Juror Hardy also stated that he and three other jurors smoked marijuana quite regularly during the trial. Moreover, Hardy stated that during the trial he observed one juror ingest cocaine five times and another juror ingest cocaine two or three times. One juror sold a quarter pound of marijuana to another juror during the trial, and took marijuana, cocaine, and drug paraphernalia into the courthouse. Tanner v. United States, 483 U.S. 107, 115-16 (1987).
- Well, second best, anyway.
- I hope the employers of those jury members paid them for their hard work in court.

Lists

Please add evidence-related items to these lists:

Distractions

No TV and no beer makes Homer go crazy. What is out there that we should be looking at?

Try this and this

Here's our prof breaking out a stream-of-consciousness on a podcast straight from his back porch. Everything from irish whiskey to fair use of grokster. (If you have the original link to the material, it would be better than this one from megaupload.)

- I'm sending this to Grandma, she always asks what I've learned at Harvard. SWEET. It ended in Itunes and the next track was Block Rocking Beats. Great fit, very trippy.
Nesson here: Here's another, called Life is but a Dream. If you like these there's a ton more i could post. i've been recording for many years.
- That was fantastic. You: "but a dream" means one's life revolves around a particular wish/dream of what could be; Fern: "but a dream" means one's life is an illusion. Both make sense, but what is fantastic about this is that both also make sense together: in both, the dream is not reality, and both are "unknowns." Perhaps your version is the known unknown--something tangible but only potentially fulfilled, and Fern's is the unknown unknown--something intangible and more metaphysical. Anyway, I'd love to hear more. And I'd like to know the music source, it was very nice.Doc 14:23, 14 February 2006 (EST)
- Nesson here: Think of a known unknown as trancendental, like pi, and truth, a concept that can be approached ever closer with our digital mode of understanding and representing reality but never capable of total capture except by giving name for process seeking it. Think of unknown unknown as i, the square roots of -1, that which cannot be but is, quantum context for reality, feeling not yet crystalized to thought. life is but a dream. The music is Jody Price, Bliss. More on life, here is Serano's song, life is paradise, recorded by Kevin in Tower Street. Serano's was the first voice that broke through to me from GP. i feel the prison in his songs. And here is Garfield Peart, Street Life.
Here's another, recorded November 25, 2005, preparing for our class.