Monday, August 28, 2023

For Tuesday

Monday audio.

For Tuesday, prep the rest of Other Acts, finishing the list in FRE 404(b)(2) and other uses.When is an other act "inextricably intertwined" and how is that significant for a 404(b) analysis? Work through the problems in this section.

In class we mentioned the use of rap lyrics for showing intent. The Restoring Artistic Protection ("RAP") Act would add a new rule to the FRE limiting the use of artistic expression, by requiring a stronger connection between the music and the case at issue. Several states have enacted or considered similar rules. This attempts to address the objection that the regular use of rap music and lyrics punishes bad art.

Then move to Conditional Relevance; prep FRE 104(a) and (b) (no need to do the rest of FRE 104) and everything else assigned. What is the difference in standard between (a) and (b)? How do (a) and (b) map onto the two questions in Bell analysis?