Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Cognitive bias (1)
- Confidential communication privilege (1)
- Confrontation clause (1)
- Crawford (1)
- Criminal law (1)
-
- Critical thinking (1)
- Dewey (1)
- Dialogue (1)
- Domestic violence prevention (1)
- Hearsay (1)
- Heuristics (1)
- Inquiry (1)
- Jurisprudence, Government, Courts, and Constitutional Law (1)
- Law students (1)
- Lawyering (1)
- Legal Education, Legal Analysis, and Legal Writing (1)
- Legal education (1)
- Live testimony (1)
- Logic (1)
- Practice and Procedure (1)
- Spousal privilege (1)
- State law (1)
- Suspended Conclusion (1)
- Testimonial privilege (1)
- Thinking like a lawyer (1)
- Publication
Articles 1 - 2 of 2
Full-Text Articles in Evidence
Reconsidering Spousal Privileges After Crawford, R. Michael Cassidy
Reconsidering Spousal Privileges After Crawford, R. Michael Cassidy
R. Michael Cassidy
In this article the author explores how domestic violence prevention efforts have been adversely impacted by the Supreme Court’s new “testimonial” approach to the confrontation clause. Examining the Court’s trilogy of cases from Crawford to Davis and Hammon, the author argues that the introduction of certain forms of hearsay in criminal cases has been drastically limited by the court’s new originalist approach to the Sixth Amendment. The author explains how state spousal privilege statutes often present a significant barrier to obtaining live testimony from victims of domestic violence. The author then argues that state legislatures should reconsider their spousal privilege …
Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan
Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan
Donald J. Kochan
In his 1910 book, How We Think, John Dewey proclaimed that “the most important factor in the training of good mental habits consists in acquainting the attitude of suspended conclusion. . .” This Article explores that insight and describes its meaning and significance in the enterprise of thinking generally and its importance in law school education specifically. It posits that the law would be best served if lawyers think like thinkers and adopt an attitude of suspended conclusion in their problem solving affairs. Only when conclusion is suspended is there space for the exploration of the subject at hand. The …