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A writer who attended the entire O.J. Simpson trial examines why the prosecution lost the case.
What is required for something to be evidence for a hypothesis? In this fascinating, elegantly written work, distinguished philosopher of science Peter Achinstein explores this question, rejecting typical philosophical and statistical theories of evidence. He claims these theories are much too weak to give scientists what they want--a good reason to believe--and, in some cases, they furnish concepts that mistakenly make all evidential claims a priori. Achinstein introduces four concepts of evidence, defines three of them by reference to "potential" evidence, and characterizes the latter using a novel epistemic interpretation of probability. The resulting theory is then applied to philosophical and historical issues. Solutions are provided to the "grue," "ravens," "lottery," and "old-evidence" paradoxes, and to a series of questions. These include whether explanations or predictions furnish more evidential weight, whether individual hypotheses or entire theoretical systems can receive evidential support, what counts as a scientific discovery, and what sort of evidence is required for it. The historical questions include whether Jean Perrin had non-circular evidence for the existence of molecules, what type of evidence J. J. Thomson offered for the existence of the electron, and whether, as is usually supposed, he really discovered the electron. Achinstein proposes answers in terms of the concepts of evidence introduced. As the premier book in the fabulous new series Oxford Studies in Philosophy of Science, this volume is essential for philosophers of science and historians of science, as well as for statisticians, scientists with philosophical interests, and anyone curious about scientific reasoning.
John Banville’s stunning powers of mimicry are brilliantly on display in this engrossing novel, the darkly compelling confession of an improbable murderer. Freddie Montgomery is a highly cultured man, a husband and father living the life of a dissolute exile on a Mediterranean island. When a debt comes due and his wife and child are held as collateral, he returns to Ireland to secure funds. That pursuit leads to murder. And here is his attempt to present evidence, not of his innocence, but of his life, of the events that lead to the murder he committed because he could. Like a hero out of Nabokov or Camus, Montgomery is a chillingly articulate, self-aware, and amoral being, whose humanity is painfully on display.
To access the 2016-17 Supplement to this book, click here. This casebook provides a comprehensive, problem-based approach to studying the rules of evidence. Organized around the federal rules, this casebook provides coverage of every single rule; yet, through careful case choice and editing, Professor Nicolas has produced a book that can easily be taught from cover-to-cover in as few as three semester hours. Key features of the casebook include approximately 115 in-depth problems that are designed to teach all the nuances of the rules, as well as coverage of selected state rules of evidence that differ significantly from the federal rules designed to facilitate class discussion about the policies underlying the rules of evidence. In addition, the casebook contains an enriched section on scientific evidence, in-depth coverage of the rules to electronic evidence, and a chapter on appellate review of evidentiary rulings. The revised third edition of the casebook builds on the strengths of previous editions while at the same time updating it to reflect recent developments. The text has been revised to reflect the language of the Restyled Federal Rules of Evidence as well as all substantive amendments through December 2013. The revised third edition contains edited versions of the Supreme Court's most recent Confrontation Clause decisions, including Melendez-Diaz v. Massachusetts, Michigan v. Bryant, Bullcoming v. New Mexico, and Williams v. Illinois. The revised third edition also includes recent decisions applying the rules of evidence to electronic evidence, including cases involving information found on social networking websites. In addition, it contains expanded coverage of state rules of evidence that differ significantly from the federal rules. Finally, in an effort to keep the book manageable in length, Professor Nicolas has--as a general rule--tried to remove a page of material for every new page added. An annual supplement is produced each year that includes the latest developments in evidence law so as to keep the textbook up-to-date between editions. A separate statutory supplement includes the federal rules of evidence and selected legislative history. In addition, the Teacher's Manual includes detailed answers to all of the problems contained in the casebook.
A flexible and engaging casebook, Evidence: Cases, Commentary, and Problems focuses on core concepts and central controversies in evidence law, presented through tightly edited cases, stimulating commentary from a wide range of perspectives, and carefully crafted problems. The Fifth Edition, while as streamlined and teachable as its predecessors, includes excerpts from more than fifty new cases and twenty new articles, fresh problems and enhanced editorial material, and three entirely new sections: one on machine-generated proof, one on digital forensics, and one on authenticating electronic evidence. There is new, up-to-date material on sexual assault cases, DNA evidence, social science evidence, privileges, judicial notice, hearsay, confrontation, “other crimes” evidence, and other key topics. New to the Fifth Edition: New sections on machine-generated proof, digital forensics, and authenticating electronic evidence New materials on confrontation and hearsay, character evidence in sexual assault and child molestation cases, DNA evidence, social science evidence, “other crimes” evidence, and other key topics Excerpts from more than 50 new cases and 20 new articles New problems and editorial material throughout Professors and students will benefit from: Flexible structure that allows the book to be taught cover-to-cover in a four-unit, one-semester class, but also can be abridged or rearranged to suit course length and instructor’s preferences. Comprehensive coverage with a wide range of perspectives. Text that is written with clarity and concision and includes well-selected and tightly edited cases. A balanced mix of cases, commentary, and problems covering relevance, hearsay, character evidence, impeachment, privilege, expert testimony, and authentication. Well-written introductory materials that identify key issues, important distinctions, and common sources of confusion.
Over twenty-two months in 1979 and 1981 nearly two dozen children were unspeakably murdered in Atlanta despite national attention and outcry; they were all Black. James Baldwin investigated these murders, the Black administration in Atlanta, and Wayne Williams, the Black man tried for the crimes. Because there was only evidence to convict Williams for the murders of two men, the children's cases were closed, offering no justice to the families or the country. Baldwin's incisive analysis implicates the failures of integration as the guilt party, arguing, "There could be no more devastating proof of this assault than the slaughter of the children." As Stacey Abrams writes in her foreword, "The humanity of black children, of black men and women, of black lives, has ever been a conundrum for America. Forty years on, Baldwin's writing reminds us that we have never resolved the core query: Do black lives matter? Unequivocally, the moral answer is yes, but James Baldwin refuses such rhetorical comfort." In this, his last book, by excavating American race relations Baldwin exposes the hard-to-face ingrained issues and demands that we all reckon with them.
Health policy is a highly contested arena where there have been increasing calls for policy to be more 'evidence based'. A central question remains 'is evidence-based health policy possible?' This book offers a critical perspective on the interplay between generation and policy formulation. The purpose of this book is to critique the notion that evidence-based medicine can make an unproblematic transformation into evidence approach to health policy that makes use of the best available research in an explicit, rigorous and accountable way. The book is illustrated by eleven case studies of health policy making that elucidate how evidence is used in particular policy making contexts. These case studies provide unique insights from the people who have been involved in the policy process. They reveal the complex nature of evidence-based research. The premise of the book is that although the idea of evidence-based health policy holds considerable promise, it will not be realised without substantial evaluation of the problems, conceptual and practical, that beset it.
The first comprehensive history of the Obama administration's evidence-based initiatives. From its earliest days, the Obama administration planned and enacted several initiatives to fund social programs based on rigorous evidence of success. Ron Haskins and Greg Margolis tell the story of six—spanning preschool and K-12 education, teen pregnancy, employment and training, health, and community-based programs. Readers will appreciate the fast-moving descriptions of the politics and policy debates that shaped these federal programs and the analysis of whether they will truly reshape federal social policy and greatly improve its impacts on the nation's social problems. Based on interviews with 134 individuals (including advocates, officials at the Office of Management and Budget and the Domestic Policy Council, Congressional staff, and officials in the federal agencies administering the initiatives) as well as Congressional and administration documents and news accounts, the authors examine each of the six initiatives in separate chapters. The story of each initiative includes a review of the social problem the initiative addresses; the genesis and enactment of the legislation that authorized the initiative; and the development of the procedures used by the administration to set the evidence standard and evaluation requirements—including the requirements for grant applications and awarding of grants.
New material, a new co-author, and a new student friendly uniform chaper organization highlight the second edition of this chapter organization highlight the seconde of of this incisive evidence casebook. Authors Allen, Kuhns, and Swift enliven otherwise abstract concepts as they reveal the foundations of the law and rules of evidence. EVIDENCE: Text, Cases, and Problems, Second Edition, emphasizes two main themes: Analytic approach - First, The authors address each major topic as a problem of relevancy. Then they discuss the evidence policy underlying each rule in terms of its effect on jury reasoning. Diagrams illustrate this approach throughout the book. Contextual approach - Issues of admission and exclusion of evidence are analyzed from the perspectives of the major players in the trial process - advocates, judges, and juries. To increase accessibility and facilitate learning, The Second Edition: opens with a criminal trial transcript which serves as a basis for illustrations and problems throughout the book follows a consistent chapter structure of three sections: Interpretation and Illustration to introduce and apply the rule, Elaboration to analyze the policy and draft questions, and Reflections to offer in-depth analysis and new perspectives offers separate and unique chapters on Presumptions and Burdens of Proof in Civil Cases and Presumptions and Burdens of Proof in Criminal Cases New material includes: significant judicial opinions, such as Daubert v. Dow-Merrill Pharmaceuticals and Tome v. United States new Federal Rules of Evidence 413-415 Rule Amendments and Proposed Revisions to FRE new problems With EVIDENCE: Text, Cases, and Problems, Second Edition, students grasp the pivotal role of the rules of evidence in the adversary system.