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Friday, September 15, 2006

Research Canons: Evidence

Our next subject matter for the research canons project is Evidence.  (See here for a discussion of the research canons project, including categories, dates, and links to prior installments.)  Please comment on the books and articles that are essential to a new academic in the field.  In addition to listing your suggestions, you want to say a little about why the book or article is so important for new scholars.

Posted by Matt Bodie on September 15, 2006 at 10:55 AM in Research Canons | Permalink


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Laudan, Larry. Truth, Error, and Criminal Law: An Essay in Legal Epistemology. Cambridge, UK: Cambridge University Press, 2006.

Posted by: Patrick S. O'Donnell | Feb 24, 2007 12:09:10 AM

Anderson, Terence, David Schum and William Twining. Analysis of Evidence. Cambridge, UK: Cambridge University Press, 2nd ed., 2005.

Posted by: Patrick S. O'Donnell | Dec 6, 2006 4:11:54 PM

Again, as this is not my field of expertise, and by way of prompting others to contribute titles, I'll simply list some items in the hope that others will assess their canon worthiness:

Allen, Ronald J., Richard B. Kuhns, Eleanor Swift, and David S. Schwartz. Evidence: Texts, Problems, and Cases. New York: Aspen, 3rd ed., 2002.

Callen, Craig R. 'Simpson, Fuhrman, Grice, and Character Evidence,' University of Colorado Law Review 67 (1996): 777-788.

Damaska, Mirjan R. Evidence Law Adrift. New Haven, CT: Yale University Press, 1997.

Gilbert, Geoffrey. The Law of Evidence. Philadelphia, PA: John Cruckshank, 5th ed., 1788.

Imwinkelried, Edward J. Evidentiary Distinctions: Understanding the Federal Rules of Evidence. Charlottesville, VA: The Michie Co., 1993.

Loftus, Elizabeth F. Eyewitness Testimony. Cambridge, MA: Harvard University Press, 1979.

Muellar, Christopher B. and Laird C. Kirkpatrick. Modern Evidence: Doctrine and Practice. Boston, MA: Little, Brown & Co., 1995.

Patterson, Lyman Ray. 'The Types of Evidence: An Analysis,' Vanderbilt Law Review 19 (1965): 875-891.

Rosenberg, Iren Merker and Yale L. Rosenberg. 'Perhaps What Ye Say Is Based Only on Conjecture: Circumstantial Evidence Then and Now,' Houston Law Review 31 (1995): 1371-1427.

Wigmore, John H. A bunch of stuff.

Posted by: Patrick S. O'Donnell | Sep 16, 2006 12:02:06 AM

While probably a bit tangential to the items that will eventually make this list, I'd like to mention Douglas N. Walton's Legal Argumentation and Evidence (University Park, PA: Pennsylvania State University Press, 2002). As it says on the back cover, Walton 'brings a dialectical theory of argumentation as well as a theory of plausible reasoning to bear on the traditional problems of legal evidence.' So, while not yet canonical, I'm hoping with increased exposure....

Posted by: Patrick S. O'Donnell | Sep 15, 2006 1:53:33 PM

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