Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Authenticating Digital Evidence, Paul W. Grimm, Daniel J. Capra, Gregory P. Joseph
Authenticating Digital Evidence, Paul W. Grimm, Daniel J. Capra, Gregory P. Joseph
Faculty Scholarship
No abstract provided.
The Implied Assertion Doctrine Applied To Legislative History, Noah Marks, Jessica Ranucci
The Implied Assertion Doctrine Applied To Legislative History, Noah Marks, Jessica Ranucci
Faculty Scholarship
This Article derives a new approach towards the use of legislative history to interpret statutes by adapting and applying the law of evidence. Courts use legislative history as hearsay evidence: out-of-court statements used for the truth of the matter asserted. Evidence law includes many exceptions under which hearsay becomes admissible. One such exception, the implied assertion exception, can be applied to courts' use of legislative history. Under this framework, legislative history can illuminate the interpretive enterprise, while many of the problems identified by opponents of legislative history are mitigated. After presenting the development of the implied assertion doctrine in evidence …