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Evidence

The University of Akron

Journal

Rules of evidence

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

An Essay On Drafting Evidence Legislation And Rules: Challenging The Conventional Wisdom, Edward J. Imwinkelried May 2023

An Essay On Drafting Evidence Legislation And Rules: Challenging The Conventional Wisdom, Edward J. Imwinkelried

Akron Law Review

There have been numerous major efforts to reform and codify American Evidence law. The efforts include the Model Code, the Uniform Rules, the California Evidence Code, and, of course, the Federal Rules of Evidence. The various reform initiatives have attempted to create “an evidence bible for busy trial judges and attorneys.” Of course, to resolve the many common-law splits of authority, the reformers faced substantive evidentiary questions: Should the opponent be permitted to impeach by cross-examining about a bad act that has not resulted in a conviction? Should there be a learned treatise hearsay exception? And should a presumption disappear …


Back To The Future: Lorraine V. Markel American Insurance Co. And New Findings On The Admissibility Of Electronically Stored Information, Hon. Paul W. Grimm, Michael V. Ziccardi Esq., Alexander W. Major Esq. Jun 2015

Back To The Future: Lorraine V. Markel American Insurance Co. And New Findings On The Admissibility Of Electronically Stored Information, Hon. Paul W. Grimm, Michael V. Ziccardi Esq., Alexander W. Major Esq.

Akron Law Review

Imagine the following hypothetical, patterned on an actual case pending in federal court, and you can begin to appreciate why there is a growing awareness of the need to have clear analytical thinking regarding the admissibility of electronically stored information, variously referred to as “ESI,” “digital,” “electronic,” “computer generated,” or “computer stored” evidence in state and federal courts. ConsumerPro is a corporation that provides installment credit to consumers with poor or un-established credit records to enable them to purchase on credit expensive electronic and computer products like flat screen televisions, computers, and entertainment systems. Under their business plan, a purchaser …