Episodes

  • 181 Hillel Bavli

    181 Hillel Bavli
    Sep 28 2026
    Trial by Character. Hillel Bavli from Southern Methodist University discusses how some courts misinterpret the "other purposes" discussed in Rule 404(b)(2) as true exceptions, causing an erosion of the well-accepted rule against character or propensity evidence.
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    Less than 1 minute
  • 180 Laura Ginsberg Abelson

    180 Laura Ginsberg Abelson
    Sep 14 2026
    The Multidimensions of AI Chatbots as Evidence. Laura Ginsberg Abelson from Southern Methodist University discusses how AI chatbot conversations are increasingly finding their way into court, and why some of those conversations may be deserving of evidentiary protection.
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    Less than 1 minute
  • 179 Laurent Sacharoff

    179 Laurent Sacharoff
    Aug 31 2026
    The Accused Speaks. Laurent Sacharoff from Hofstra University uncovers the original meaning of the "right to be heard," a historical constitutional right to give unsworn statements not subject to cross-examination originally granted to criminal defendants in 37 state constitutions.
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    Less than 1 minute
  • 178 Susan Provenzano & Sarah Brown-Schmidt

    178 Susan Provenzano & Sarah Brown-Schmidt
    Apr 27 2026
    The Overlooked Witness Memory Risk. Sue Provenzano from Georgia State University and Sarah Brown-Schmidt from Vanderbilt University discuss the problem of “hear-witnesses,” witnesses who report about what was previously said, and how evidence law does not adequately account for their accuracy risks.
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    Less than 1 minute
  • 177 Kay Levine

    177 Kay Levine
    Apr 14 2026
    Opinion Surveys Across the Civil-Criminal Divide. Kay Levine from Emory University discusses the uses of opinion survey evidence, how its admissibility is inconsistent between civil and criminal contexts, and perhaps why the divide exists.
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    Less than 1 minute
  • 176 Mary Fan

    176 Mary Fan
    Mar 30 2026
    AI-Enhanced Evidence Law. Mary Fan from the University of Washington discusses the challenges of AI-enhanced evidence in the courtroom, how to ensure its reliability, and concerns about disparities between prosecution-offered and defense-offered AI-enhanced evidence.
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    Less than 1 minute
  • 175 Rebecca Wexler

    175 Rebecca Wexler
    Mar 16 2026
    Law Enforcement Privilege. Rebecca Wexler from Columbia Law School discusses the privilege governing police investigative methods, the reasons for the privilege, as well as its costs to transparency and the ability to regulate police conduct in accord with the Fourth Amendment.
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    Less than 1 minute
  • 174 Edith Beerdsen

    174 Edith Beerdsen
    Mar 2 2026
    Strategy for Strategy's Sake. Edith Beerdsen from Temple University asks whether strategic or "sporting" behavior has any place in a system of legal proof, and when being clever goes too far.
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    Less than 1 minute