Law Commons^™

Evidence, Marc T. Treadwell

Mercer Law Review

The survey period saw a number of cases raising significant evidentiary issues but no startling developments. Two areas in particular should be noted. As suggested in last year's survey, lawyers engaged in civil litigation should continue to be aware of decisions addressing the admissibility of collateral source payments and the remedies available when a party improperly injects the issue of collateral source payments. All trial lawyers, especially those engaged in criminal practice, should take note of the continued evolution of the "necessity" exception to the hearsay rule.

Perhaps the most striking development came not from the appellate courts but rather …

Glide Path To An "Inclusionary Rule": How Expansion Of The Good Faith Exception Threatens To Fundamentally Change The Exclusionary Rule, James P. Fleissner

Mercer Law Review

During recent political debates over the federal budget deficit, it became fashionable to speak of a "glide path" to a balanced budget. Advocates of a budget plan would plan certain tax rates and spending limits, factor in a set of economic assumptions, and graph a swooping path of declining deficits over several years. Needless to say, that sort of exercise in prediction does not involve the sort of odds that would inspire confidence in a gambler. The accuracy of the beguiling graph, of course, depends on whether tax and spending commitments are kept and whether a host of economic assumptions …