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Full-Text Articles in Law
Collective Wisdom: One Bit Of Advice, Gary Gildin, Jules Epstein, Robert Little, Kenneth S. Klein, Jim Roberts, Rachel Brockl, H. Scott Fingerhut, Ramona Albin, Charles H. Rose Iii, Kaelyn J. Romey, Catherine E. Stahl, John Singer, Marian Braccia, Elizabeth Lippy, Laura Rosed
Collective Wisdom: One Bit Of Advice, Gary Gildin, Jules Epstein, Robert Little, Kenneth S. Klein, Jim Roberts, Rachel Brockl, H. Scott Fingerhut, Ramona Albin, Charles H. Rose Iii, Kaelyn J. Romey, Catherine E. Stahl, John Singer, Marian Braccia, Elizabeth Lippy, Laura Rosed
Faculty Scholarly Works
Lawyers make mistakes. Read a transcript (your own or that of someone else) or a news media account, go to court and watch, or just learn about it when a colleague describes a trial—with insight and an acknowledgment of missteps or hubris and a peacock display of self-adjudged skill. They are mistakes of omission or commission, but they occur every day. The checklist movement—adapting the checklist model used by surgeons and airplane pilots—is a critical tool for error reduction and elimination and has its place in law.* But beyond granular details that must be checked and double-checked for a particular …
Assertion And Hearsay, Richard Lloret
Assertion And Hearsay, Richard Lloret
Dickinson Law Review (2017-Present)
This article explores the characteristics and functions of assertion and considers how the term influences the definition of hearsay under Federal Rule of Evidence 801. Rule 801(a) defines hearsay by limiting it to words and conduct intended as an assertion, but the rule does not define the term assertion. Courts and legal scholars have focused relatively little attention on the nature and definition of assertion. That is unfortunate, because assertion is a robust concept that has been the subject of intense philosophic study over recent decades. Assertion is not a mere cypher standing in for whatever speech or conduct one …