Critical Evidence

Bennett Capers is the Stanley D. & Nikki Waxberg Professor of Law at Fordham Law School, and has published widely. His co-edited books include Critical Race Judgments: Rewritten US Court Opinions on Race and Law (2022) and Feminist Judgments: Criminal Law (2022). He has been a visiting professor at Yale Law School, Columbia Law School, Boston University School of Law, and University of Texas Law School. Jasmine E. Harris is a Professor of Law at the University of Pennsylvania Carey Law School. Her publications appear in prominent law reviews, interdisciplinary journals, and edited book volumes. Harris is a co-editor of McCormick on Evidence, one of the leading evidence treatises. A frequent contributor to national public discourse, Harris's commentary appears in media outlets such as the New York Times, Washington Post, Bloomberg, National Public Radio, and TIME Magazine. Julia Simon-Kerr is the Evangeline Starr Professor of Law at University of Connecticut School of Law. Her scholarship has been cited by numerous Federal Courts of Appeals and State Supreme Courts and has been discussed in media outlets such as NPR and The Atlantic. She serves as the Academic Advisor to the Connecticut Code of Evidence Committee and is a co-founder of the Prior Impeachment Reform Coalition. She has been a visiting professor at Yale Law School.

• Foreword Edward Cheng; Introduction Bennett Capers, Jasmine E. Harris and Julia Simon-Kerr; Part I. Introduction to the Field and Its Actors: Section1. The Rulemakers; Introduction; Prosecutors and Federal Evidence Rulemaking Julia Simon-Kerr; Evidence Rulemaking and Community Participation Ngozi Okidegbe; The Living Rules of Evidence Alex Nunn; Section 2. And Jurors; Introduction; Factual Ambiguity and a Theory of Evidence Ronald Allen; The Jury's Rise as Lie Detector George Fisher; (Un)Common Knowledge and Experience Jasmine E. Harris; Pena-Rodriguez v. Colorado, Jury Secrecy, and the Performance of Racial Justice Daniel S. Harawa; Part II. The Rules: Section 1. Relevance and Prejudice; Introduction; Relevance, Reconsidered Asees Bhasin; The Relevance and Prejudice of Poverty Evidence Michele Gilman; Toward a Critical Race Theory of Evidence Jasmine Gonzales Rose; Section 2. Character Evidence; Introduction; Character (Evidence) Assassination Andrea Dennis; Disability as a Character Chameleon Jasmine E. Harris; Different Spanks for Different Ranks: A Critical Appraisal of Character Evidence in Courts-Martial Franklin D. Rosenblatt; Evidence Without Rules Bennett Capers; Judging Demeanor Kiel Brennan-Marquez and Julia Simon-Kerr; Section 3. Credibility; Introduction; Law's Credibility Problem Julia Simon-Kerr; Teaching Impeachment Anna Roberts; Section 4. Sex Trials; Introduction; Real Women, Real Rape Bennett Capers; Unchaste and Incredible: The Use of Gendered Conceptions of Honor in Impeachment Julia Simon-Kerr; Feminist Take(s) on (Sexual) Bad Acts Caroline Davidson; Section 5. Hearsay and Confrontation; Introduction; The Neglected Origins of the Hearsay Rule in American Slavery: Recovering Queen v. Hepburn David Alan Sklansky; Examining the American Hearsay Prohibition's Roots in Slavery Jeffrey Bellin; Hearsay and Confrontation from a Feminist Gaze Aviva Orenstein; Hearsay in Immigration Proceedings and the Problem with Symmetry Gabriela Rodriguez; Section 6. Experts; Introduction; Who Says You're Disabled? The Role of Medical Evidence in the ADA Definition of Disability Deirdre Smith; Recalibrating Expert Testimony Valena E. Beatty and Jennifer Oliva; Presumed Expertise: Police Officer Opinion Testimony Alexis Hoag-Fordjour; Party-Blind Review: A Proposal to Reduce Judicial Bias in Expert Evidence Admissibility Rulings Rebecca Wexler; Unequal Burdens of Proof: Racism, Legal Epistemic Injustice, and Opinion Testimony Jasmine Gonzales Rose; Section 7. Privileges; Introduction; Underprivileged: A ClassCrit Perspective on Evidentiary Privileges Tom Lininger; Parent-Child Privilege as Resistance Nila Bala; Part III. Expanding Evidence; Section 1. Decarceration and Abolition; Introduction; Bending Evidence Rules Towards Decarceration Erin Collins; Reimagining Daubert v. Merrell Dow Pharmaceuticals, Inc. as a Non-Reformist Reform Maneka Sinha; Section 2. And Beyond; Introduction; The Incoherence of Evidence Law Alex Nunn; The Anti-Transgender Medical Expert Industry Alejandra Caraballo; Race is Evidence/Evidence is Race: Flipping the Script on the 'Racial Lens' Montré Carodine.