Law Commons^™

Gerry Spence's The Smoking Gun As A Teaching Tool, Dana K. Cole

Akron Law Faculty Publications

The Smoking Gun, is the true story of a woman and her teenage son charged in what appeared to be a hopeless murder case. At Mr. Spence’s request, Professor Cole wrote a companion manual for use by law professors interested in using Spence’s book in teaching criminal law, criminal procedure, clinical practicum, ethics, evidence or trial advocacy. The companion manual is a chapter-by-chapter synopsis of the book that highlights teachable topics and analyzes some of the skills and techniques described in the book.

The Lawyer Doth Protest Too Much, Methinks: Reconsidering The Contemporaneous Objection Requirement In Depositions, E. Stewart Moritz

Akron Law Faculty Publications

The time has come to eliminate the contemporaneous objection requirement for depositions.

From the original 1938 framing of the Federal Rules of Civil Procedure (Rules) to the present, no one has recognized that the theory behind the contemporaneous objection rule in depositions, as drawn from pre-Rules equity practice, does not match the function of depositions in our post-Rules system of open discovery. Pre-Rules depositions in the federal courts were exclusively testimony-preservation devices, and never discovery tools. The common law and statutory procedural rules for pre-Rules depositions, including the contemporaneous objection rule, reflected this use . But when the original Federal …