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Honorable Mention, 2017 Scribes Book Award, The American Society of Legal Writers At the dawn of the twentieth century, the United States was reeling from the effects of rapid urbanization and industrialization. Time-honored verities proved obsolete, and intellectuals in all fields sought ways to make sense of an increasingly unfamiliar reality. The legal system in particular began to buckle under the weight of its anachronism. In the midst of this crisis, John Henry Wigmore, dean of the Northwestern University School of Law, single-handedly modernized the jury trial with his 1904-5 Treatise onevidence, an encyclopedic work that dominated the conduct of trials. In so doing, he inspired generations of progressive jurists—among them Oliver Wendell Holmes, Jr., Benjamin Cardozo, and Felix Frankfurter—to reshape American law to meet the demands of a new era. Yet Wigmore’s role as a prophet of modernity has slipped into obscurity. This book provides a radical reappraisal of his place in the birth of modern legal thought.
Wigmore's great work continues to influence the law of evidence as we move into the 21st century. From doctrinal considerations such as the nature of inference and the exclusionary rules to case analysis involving such lap-to-the-minute controversies as DNA fingerprinting and patient-psychotherapist privilege, this annually supplemented masterwork continues to provide authoritative guidance again and again. With the most comprehensive coverage you'll find anywhere, Wigmore's plan encompasses all this and more: Admissibility -- Relevancy -- Circumstantial evidence -- Character or disposition as evidence -- Opportunity -- Alibi -- Proving capacity, design, or intent -- Proving knowledge, belief, or consciousness -- Proving motive, feeling, or passion -- Proving identity -- Mental derangement or immaturity -- Moral depravity -- Testimonial recollection -- Confessions -- Impeachment -- Proving bias, corruption, or interest -- Contradiction and self-contradiction -- Rehabilitation -- The hearsay rule and its exceptions -- Opinions -- Authentication of documents -- Privilege -- Confidential communications -- Burdens and presumptions.
Levy, this history of the privilege shows that it played a limited role in protecting criminal defendants before the nineteenth century.
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An invaluable and fascinating resource, this carefully edited anthology presents recent writings by leading legal historians, many commissioned for this book, along with a wealth of related primary sources by John Adams, James Barr Ames, Thomas Jefferson, Christopher C. Langdell, Karl N. Llewellyn, Roscoe Pound, Tapping Reeve, Theodore Roosevelt, Joseph Story, John Henry Wigmore and other distinguished contributors to American law. It is divided into nine sections: Teaching Books and Methods in the Lecture Hall, Examinations and Evaluations, Skills Courses, Students, Faculty, Scholarship, Deans and Administration, Accreditation and Association, and Technology and the Future. Contributors to this volume include Morris Cohen, Daniel R. Coquillette, Michael Hoeflich, John H. Langbein, William P. LaPiana and Fred R. Shapiro. Steve Sheppard is the William Enfield Professor of Law, University of Arkansas School of Law.