Hard Questions in Evidence

Hard Questions in Evidence is a seminar for students interested in going beyond the rules of admissibility to explore some of the deepest and most pressing questions in evidence law nowadays. We will ask whether traditional doctrines such as hearsay, character evidence, and expert-evidence rules still make sense, how evidence law should respond to the decline of jury trials and the rise of AI and other new technologies, and whether the Federal Rules of Evidence (which were launched in 1975) themselves remain still the best way to structure legal proof. Along the way, we will examine evidence law from theoretical, comparative, and procedural perspectives and consider where the field should go next. Students will have substantial freedom to develop and present their own research project on a cutting-edge question in evidence law.