Monday, December 12, 2011

Welcome to Evidence and the Evidence Blog

Welcome to the FIU Evidence Blog. There are three posts that you must read and follow prior to our first class meeting on Monday, August 15.

To read the blog, go to http://fiuevidence.blogspot.com/; posts can be read going down from most recent to least recent. To post to the blog, go to www.blogger.com; you can log-in with a username and password. For complete information on the purposes and uses of the blog, read the Syllabus.

To be able to post, you must register as an author and a reader. To register as an author, please send an e-mail to me (howard.wasserman@fiu.edu). In the subject line, type “Evidence Blog Registration;” in the body of the e-mail, please type your name and your e-mail address. You then will receive an e-mail “Invitation” inviting you to join as an author on the blog. You must follow the steps outlined in the invitation e-mail to register (under your full name, no handles or usernames) as an author. Please register under your full (first and last) name. Please do this at the beginning of the semester, as soon as you receive the invitation.


Once you have registered, take a few minutes to explore how to write a post. Note that you can put up photographs and video. You also can put web links in the text by highlighting the text you want to use for the hyperlink and clicking the "Link" button.

Name cards

At our first meeting on Monday, August 18, there will be a stack of name cards on the table in the front of the classroom. When you come to the room, please find the card with your name on it and place it in front of you at your seat. You are responsible for keeping that card and having it with you at every class throughout the full semester.

If you are not yet registered for the class (or are shopping classes), a card will be made once you have registered.

Course Materials and First Week Assignments

Please download and read the Syllabus (or from right) for complete details about the course, assignments, pedagogical approach, grading methods, and course rules. Review it prior to the first class. You should bring the Syllabus with you to every class.


Required Class Materials
1) Robert P. Burns, Steven Lubet, and James H. Seckinger, Evidence in Context (4th ed. 2010) (NITA) (Case Files for People v. Mitchell and McIntyre v. Easterfield) (Problems)
2) Federal Rules of Evidence (2016) (Wolters Kluwer) (Rules Pamphlet)
3) Graham C. Lilly, Daniel J. Capra, and Stephen A. Saltzburg, Principles of Evidence (7th ed. 2016) (West) ("LCS")
4) Additional statutes, cases, and other materials can be downloaded from this blog at right, under "Course Materials."


Assignments for First Day of Class:

Introduction: Evidence and the Adversary System


   Provisions:

      Fed. R. Evid. 101-102, 611, 614

      28 U.S.C. §§ 2072-2074 (Rules Enabling Act) (Pamphlet, 377-78)


   Problems: Review case file in People v. Mitchell (in Evidence in Context)  

   Commentary:

      LCS 1-7, 11-17, 72-73 (§ 3.5)

      Damaska, Presentation of Evidence and Factfinding Precision (Blog)

      Pizzi & Montagna, The Battle to Establish an Adversarial Trial System in Italy (Blog)

      Asimow, Popular Culture and the Adversary System (Blog)

      Sklansky & Yeazell, Comparative Law Without Leaving Home (Blog)

Scheduling Notes:

   • No class on Monday, September 5 (Labor Day)

   • No class on Monday, October 3 (Jewish Holy Day): To be made-up at time T/B/D

   • No class on Wednesday, October 12 (Jewish Holy Day): To be made-up at time T/B/D


Additional Notes:
No laptops permitted in the classroom.


You must be in class on time, unless I have previously given you permission to come late. You may not enter the room once class has begun, unless I have given you permission to come late.