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The Exception the Hearsay Rule: Coconspirators, 'Coventurers', and the Confrontation Clause is a new paper by Ben L.W. Trachtenberg, who is a Visiting Assistant Professor at Brooklyn Law School. Here's the abstract: Since the dawn of the Hearsay Rule, formulations of which are as ancient as the common law adversary trial itself, various exceptions have allowed the admission of evidence
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Noonan & Trachtenberg: An End to the Temporary Stay Test in New York
Timothy P. Noonan & Jack Trachtenberg (both of Hodgson Russ, Buffalo) have published An End to the Temporary Stay Test in New York?, 50 State Tax Notes 383 (Nov. 10, 2008): The tax department has recently proposed a repeal of...
Internet Evidence (Part II: Hearsay)
Last Wednesday, we addressed the application of Fed. R. Evid. 901 to Internet content. This week, we discuss the application of the Hearsay Rule to such evidence. Hearsay Hearsay is any "statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to...
Internet Evidence (Part III: Hearsay Exceptions)
Last Wednesday, we addressed the application of the Hearsay Rule to Internet content. This week, we discuss the application of some common hearsay objections. Common Hearsay Exceptions All of the hearsay exceptions applicable to traditional printed documents are applicable to Internet content, but there are two such exceptions which have...
Law School: Hearsay, confrontation, and...oh who am I kidding
I am actually doing work this week, despite classes being over and my incredibly intelligent decision to avoid scheduling any exams this semester (genius!). Having learned next to nothing in my Evidence course--the professor actually said on numerous occasions that there was no hearsay rule in the world of litigation*--I decided that my first in-depth encounter with hearsay should NOT be BarBRI
Fifth District: Hearsay
Criminal law fans may be interested in this decision from the Fifth District. The court examined whether a pawn shop transactional record constitutes inadmissible testimonial hearsay under Crawford v...
Contemplating Alternatives To Incarceration
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In an article for the ABA Journal, Ben Trachtenberg, a visiting law professor at Brooklyn Law School, writes that the nation’s incarceration rate continues “top the world in per capita imprisonment” and that it is long past time for policymakers to revisit the subject...