Open Access. Powered by Scholars. Published by Universities.®

Evidence Commons

Open Access. Powered by Scholars. Published by Universities.®

1995

Persuasion

Articles 1 - 2 of 2

Full-Text Articles in Evidence

Conditional Probative Value And The Reconstruction Of The Federal Rules Of Evidence, Dale A. Nance Nov 1995

Conditional Probative Value And The Reconstruction Of The Federal Rules Of Evidence, Dale A. Nance

Michigan Law Review

In a recent article, Richard Friedman articulates a modified and generalized version of the doctrine of conditional relevance, which he calls "conditional probative value." This version comes in response to a substantial body of academic criticism of the traditional doctrine. As one of the critics to whom Professor Friedman responds, I offer this reply with two purposes in mind: (1) to clarify the relationship between Friedman's analysis and my earlier reinterpretation of the conditional relevance doctrine; and (2) to address Friedman's specific proposals with regard to the Federal Rules of Evidence. I conclude that Friedman's articulation helps ...


Refining Conditional Probative Value, Richard D. Friedman Jan 1995

Refining Conditional Probative Value, Richard D. Friedman

Articles

The subject of conditional relevance, or what I think is better called "conditional probative value," must seem hopelessly ard to many. It continues to engage the attention of evidence scholars, however, because it forms part of the conceptual underpinnings of many parts of evidentiary law. Dale'Nance, one of the most astute evidence scholars of our time, has previously written at length on the subject' and has done so now more briefly in response to an article of mine. I offer an even briefer continuation of the discussion.