Like its federal counterpart, Military Rule of Evidence 106, the "rule of completeness," provides that When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require that party at that time to...

Federal Rule of Evidence 612 indicates that Except as otherwise provided in criminal proceedings by section 3500 of title 18, United States Code, if a witness uses a writing to refresh memory for the purpose of testifying, either-- (1) while...

Over the past half-century it has become commonplace for courts and commentators to distinguish two uses of social science in law. Social science is said either to prove ‘legislative facts' that concern general questions of law and policy, or to...

Either through deliberate tactical choices, or simply as a result of precedent and inertia, our traditional approach to hearsay and confrontation is mired in exclusionary thinking. Whether one consults reported case law, or basic texts on trial...

Today, the Supreme Court denied cert in Benally v. United States, the case in which I submitted an amicus brief. The post containing my brief has links to all of my posts on the case, which dealt with whether racist...