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Full-Text Articles in Law
Shifting The Male Gaze Of Evidence, Teneille R. Brown
Shifting The Male Gaze Of Evidence, Teneille R. Brown
Utah Law Faculty Scholarship
In this article I target the altar at which many of us worship—the pursuit of rationality. For evidence purposes, rationality is defined as decisions that are reasonable, objective, inductive, and free from the bias of emotion. This view of rationality is deeply embedded in evidence scholarship and practice. It is also reflected in evidence rules like FRE 403, which treat emotional testimony as unfairly prejudicial simply because it is emotional. The anti-emotion view of rationality reflects the thinking of Western philosophical giants. Plato, Hobbes, Descartes, and Bacon all thought that men should strive for rationality by suppressing their emotions, because …
The Incomplete Rule Of Completeness: Taking A Stand On Federal Rule Of Evidence 106, Louisa Heiny, Emily Nuvan
The Incomplete Rule Of Completeness: Taking A Stand On Federal Rule Of Evidence 106, Louisa Heiny, Emily Nuvan
Utah Law Faculty Scholarship
The common law Rule of Completeness served an important role in Anglo-American jurisprudence for centuries. Historically, it was a rule guided by principles of fundamental fairness and was designed to prevent parties from introducing incomplete and misleading statements at trial.
What was once a simple rule has been muddled by Federal Rule of Evidence 106. The common law rule language was lost when Rule 106 was drafted, and there is no agreement as to what portion of the common law survived and what was left behind. Particularly problematic are the issues of whether Rule 106 applies to oral as well …