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Confrontation And The Utility Of Rules, Richard D. Friedman, Ronald J. Allen, Alex Stein, Roger C. Park, Margaret A. Berger, Nancy J. King, John Jackson, Eleanor Swift, Craig R. Callen, Eileen A. Scallen
Confrontation And The Utility Of Rules, Richard D. Friedman, Ronald J. Allen, Alex Stein, Roger C. Park, Margaret A. Berger, Nancy J. King, John Jackson, Eleanor Swift, Craig R. Callen, Eileen A. Scallen
Articles
There is a good reason why evidence scholars continue to be fascinated and perplexed, and some courts continue at least to be perplexed, by the types of evidence that tend to be lumped together misleadingly under the headings nonassertive conduct or implied assertions. Evidence of this sort highlights a paradox of the prevailing law of hearsay. I believe that this paradox cannot be resolved without fundamentally transforming the structure of that law. Thus, while I agree - within the current framework - with many of the insights so ably stated in this Symposium, I think evidence scholars must devote their …
A Definition Of Consideration, John B. Waite
A Definition Of Consideration, John B. Waite
Articles
COMPOSING general statements of law is at best a didactic pursuit rather than a practically useful one, however agreeable an occupation it may be. The particulars of the past are not evaded by statement of their essence, and courts tend to guide their rulings by analogy to specific precedents in preference to rules educed therefrom by however studious laymen. And, on the other hand, the general expressions and definitions, so called, formulated by courts themselves, often hastily and hap-hazardly, which have been followed by other courts, do more to confuse the law, and confute its real precision of statement, than …