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My considered view is that teaching Evidence, even as a large doctrinal class, is fundamentally a skills class, and a core lawyering skills class at that, even if one never litigates. It may be one of the most important classes in learning skills where lawyers add value.

Next week, SCOTUS will hear Diaz v. US--a case that explores whether expert "framework evidence" violates FRE 704. The incredible duo of @TeneilleBrown and Emily Murphy joined me to preview the case and discuss their excellent amicus brief! Link:excitedutterance.com/listen/2024/3/…

Evidence profs were the talk of the town at the U.S. Supreme Court oral argument this morning in Diaz v. United States, where several justices asked about points raised in the brilliant amicus brief helmed by @TeneilleBrown and Emily Murphy

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I always point out to my students that end-of-semester office hours are a great opportunity to get cold-calling revenge: any topic, from any point in the course, in any order, for literally hours.

Logging back into this infernal app to be 😡🤬🤯 at Alito playing OB and *cherry picking clinical evidence* to strongly imply that pre-viability PPROM usually works out alright with a live baby! IT DOES NOT. 15 minutes of perusing the *scope* of the literature reveals this.

It's always tempting to dismiss commentary like "the Supreme Court said Trump is above the law" as overblown hyperbole. But in this case, that's actually what the Court said--the procedural protections we use for ordinary criminal defendants aren't good enough

The one thing I'll note about the immunity case is that J Alito, joined by CJ Roberts, wrote about the importance and power of limiting instructions just 10 days ago. Today, limiting instructions are good enough for individual defendants but not for protecting the Presidency.

Important thread below. (⬇️) As Leah notes, the complaint's cruel personal attacks against amazing professors are particularly reprehensible.

The cruelty is the point.

I hope Individuals A, B, and C are having a flop sweat weekend now that their racism and sexism are on full display for all to know.

If I tagged everyone who contributed a chapter, I’d basically tag my entire following list, so I’ll refrain. But if you grab a copy, be sure not to miss Chapter 81, by yours truly and my partner in neurolaw crime Emily Murphy. Or if you prefer PDF: tinyurl.com/RissmanMurphy2…

Free suggestion for SF: “leave a jacket, take a jacket” program at SFO from May - November