EvidenceProf Blog

Editor: Colin Miller
Univ. of South Carolina School of Law

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Saturday, January 23, 2010

The AALS Poster Project: Keith Blair's Teaching "Losing" to Clinic Student-Attorneys

Keith Blair presented the poster, Teaching "Losing" to Clinic Student-Attorneys (Download Losing_Poster):
 
Losing_Poster

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January 23, 2010 | Permalink | Comments (0) | TrackBack (0)

Friday, January 22, 2010

The AALS Poster Project: Elizabeth Chamblee Burch's Litigating Together: Social, Moral, and Legal Obligations

Elizabeth Chamblee Burch presented the poster, Litigating Together: Social, Moral, and Legal Obligations (Download Litigating_Together):

Litigating_Together

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January 22, 2010 | Permalink | Comments (0) | TrackBack (0)

Thursday, January 21, 2010

The AALS Poster Project: Christine E. Rollins' Turning the Light Bulbs On - Effective Ways To Teach CREAC To All Types Of Student Lawyers

Wednesday, January 20, 2010

The AALS Poster Project: Camille Davidson's Octomom and Multi-Fetal Pregnancies: Is the Insurance Industry a Co-Conspirator?

Tuesday, January 19, 2010

The AALS Poster Project: Bridget Crawford's Sticky Copyrights: Discriminatory Tax Restraints on Transfers of Intellectual Property

Bridget J. Crawford presented the poster,  Sticky Copyrights: Discriminatory Tax Restraints on Transfers of Intellectual Property (Download StickyCopyrightsPoster[1]):
StickyCopyrightsPoster[1]  

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January 19, 2010 | Permalink | Comments (0) | TrackBack (0)

Monday, January 18, 2010

The AALS Poster Project: Ernesto Hernández-López's "Is race implicit in US authority over the base at Guantánamo Bay, Cuba?"

The AALS Poster Project: An Introduction

In its call for proposals last year, the Legal Writing Institute noted that "[p]oster presentations are an increasingly popular way to present scholarly and pedagogical ideas" but that "poster presentations are a relatively new format for the legal writing community." The same applies to the legal academy as a whole. "At the 2005 [AALS] Annual meeting in San Francisco, the AALS Section on Professional Responsibility sponsored posters on empirical research." Thereafter, "[t]he AALS Committee on Sections and the Annual Meeting was delighted by this innovation and decided that all AALS Sections should have the opportunity to sponsor posters at the 2006 AALS Annual Meeting."

The way I see things, though, not enough professors have availed themselves of this innovation. There are probably a variety of reasons for this insouciance, probably not the least of which is that the poster presentations are scheduled for the same time as AALS panels, meaning that attendees either have to leave panels early or attend panels late to be able to interact with poster presenters during their designated hours. The AALS later posts PDFs of these posters to its Annual Meeting sites (see herehere, and here), but I'm guessing that not many people visit these sites after these conferences are over, making them sort of like the Ark of the Covenant at the end of "Raiders of the Lost Ark." Besides, if you download one of these posters, all you have is the poster, not the presenter's reason for creating it or explanation of it.

Thus, this year, I decided to start the AALS Poster project. Pursuant to this project, I studied each of the posters at the conference and interacted with each of the presenters during their designated hours. I asked the presenters about why they created their posters, the thesis of their posters, how the posters fit into their scholarship, etc. Over the next few weeks, I will spotlight each of these posters and their presenters on this blog, and I hope that these posts draw some of the attention that these posters and presenters deserve. Of course, nothing substitutes perfectly for the real thing, and I would recommend that attendees at successive AALS conferences stop by during the designated hours and discuss the posters with their presenters. I found such discussions to be very rewarding.

-CM 

January 18, 2010 | Permalink | Comments (0) | TrackBack (0)

Sunday, January 17, 2010

Adverse (Dis)Possession: Eastern District Of New York Order Adverse Inference Instruction In Best Evidence Ruling

Federal Rule of Evidence 1002, the Best Evidence Rule, provides that

To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by Act of Congress.

That said, Federal Rule of Evidence 1004(1) provides that 

The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if...[a]ll originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith.

It is very difficult for the opponent of such "other evidence" to prove "bad faith," and a showing of negligence by the proponent is generally not enough to prevent the application of Federal Rule of Evidence 1004(1). As the recent opinion of the United States District Court for he DIstrict of New York in Vagenos v. LDG Financial Services, LLC, 2009 5219021 (E.D.N.Y. 2009), makes clear, however, this does not mean that the opponent is without recourse.

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January 17, 2010 | Permalink | Comments (0) | TrackBack (0)