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Evidence

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Laurie Levenson, Evan Lee, James A. Chance
October 2, 2025

Criminal Law and Procedure. Experts discuss how the Supreme Court's decision in Glossip v. Oklahoma defined the duty to correct false testimony, and how the Court's decision in Barnes v. Felix requires excessive force analysis to consider the totality of the circumstances.

Laurie Levenson, Evan Lee, James A. Chance
October 2, 2025

Criminal Law and Procedure. Experts discuss Supreme Court clarifications of the redressability standard when analyzing standing in Gutierrez v. Saenz, and how clearly established law is determined in the context of the admission of prejudicial evidence in Andrew v. White.

Bradley N. Garcia
June 17, 2025

Opinion, Al-Baluchi v. Hegseth, No. 23-5251 (D.C. Cir. June 17, 2025), 140 F.4th 517.

Laurie Levenson, Evan Lee, Francesca Wiilliams
November 21, 2024

Criminal Law. Fifth and Sixth Amendments. First Step Act. ACCA. Experts discuss the Supreme Court’s determination in Erlinger v. United States that the existence of a prior offense is a jury question, and the requirements for safety-valve relief under the First Step Act  in Pulsifer v. United States.

Evan Lee, Laurie Levenson, Francesca Wiilliams
November 21, 2024

Criminal Law. Sixth Amendment. Expert Testimony. Experts discuss the Supreme Court’s guidelines for determining when reports prepared by analysts are testimonial in Smith v. Arizona, and in Diaz v. United States, the limitations of FRE 704(b) on expert testimony about the defendant’s mental when an essential element of the charge.

Scott Block, James Noble, Jed S. Rakoff, Mary Jane Theis, Jason A. Cantone, Melissa Batchelor
October 17, 2024

This series provides information regarding current scientific and legal issues related to dementia, as well as current efforts to prepare the judiciary for an expected increase in the prevalence of dementia.

Dementia and the Law: Introduction

T. Markus Funk, PhD
April 25, 2024

This guide provides an overview of the statutory schemes and procedural matters that distinguish mutual legal assistance treaties and letters rogatory.

Laurie Levenson, Evan Lee, Clara J. Altman
October 5, 2023

Criminal Law. Venue. Double Jeopardy Clause. Sixth Amendment. Experts analyze the Supreme Court’s holdings in important criminal law cases. In Smith v. United States the Court rules that double jeopardy does not apply to trials conducted in the wrong venue. Samia v. United States addresses whether use of a non-testifying co-defendant’s confession at trial violates the right to confront witnesses. Finally, they discuss what the dismissal after oral argument of In Re Grand Jury might mean to efforts to expand the scope of the attorney-client privilege.

Paul L. Friedman
September 8, 2023

Opinion, Al-Baluchi v. Austin, No. 1:08-cv-2083 (D.D.C. Sept. 8, 2023), D.E. 249, 691 F. Supp. 3d 133.

Erwin Chemerinsky, Tara L. Grove, James A. Chance
September 7, 2023

Equal Protection. Title VI. Affirmative Action. Experts discuss the Courts move from allowing the consideration of race to remedy past harms and promote diversity, to the emerging constitutional requirement to create a color-blind society.

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