For Tuesday, September 14

Monday audio. Don't forget about the Constitution Day event at 12:30 tomorrow in RDB 1000.

Review the rest of Policy Exclusions, then move to Sexual Assault. 

Happy Leslie Thompson Mitchell Day to All Who Celebrate

An annual event.

For Monday, September 14

Tuesday audio.

We continue with Habit. Then move to Policy-Based Exclusions; prep all assigned for Monday and Tuesday of next week.

Here is the information for the Constitution Day event with Prof. Rabban. Please plan to attend for pizza, class participation, and a good educational opportunity.

Upcoming Constitution Day Event: The First Amendment Law of Academic Freedom

Our Constitution Day 2026 program will feature Prof. David Rabban (University of Texas), presenting The First Amendment Law of Academic Freedom. This will be at 12:30 on Tuesday, September 15 in the Large Courtroom.

Class participation points awarded for attendance. Please attend; this is an especially important topic for students in this moment.

For Tuesday, September 8

Tuesday audio. No class on Monday for Labor Day.

We pick up with the connection between 104 and 404(b). Will the second question in Bell--is the evidence admissible for a permissible purpose--resolved under 104(a) or (b) and why? Prep the remaining problems, arguing both pieces of the Bell analysis.

Then move to Habit, Custom, and Character. 

For Tuesday, September 1

Monday audio.

We will finish with the final use in (b)(2)--Identity, then move to the assigned questions.

Prep Conditional Relevancy, which we then will map onto the two-step inquiry described in Bell. 

By coincidence, here is a new 8th Circuit case involving rap lyrics. The court admitted them under 404(b)(2) to show knowledge of drug terminology.

For Monday, August 31

Tuesday audio.

We will finish Character Evidence with FRE 405(b). What does it mean for a trait to be an essential element? Does murder qualify? Does perjury? Does defamation? What does qualify? 

For Monday and Tuesday, prep all of Other Acts; this covers FRE 404(b) and 405, plus C&S pp. 92-109 and problems 29-31. We will not get to the problems until Tuesday.

For Tuesday, August 25

Monday audio.

The divide in the Syllabus goes like this: 

   Character Evidence. FRE 105, 404(a), and 405, along with C&S pp. 69-89 and Problems 15-28.

    Prior Bad Acts. FRE 105, 404(b), along with C&S pp. 92-109 and problems 29-31. We will begin this late next Monday and then all of Tuesday.

We will work through Character tomorrow and into next Monday. In working through the problems involving FRE 404(a), get specific--which provision and which clause of each provision.

 

 

Judge Stephanos Bibas on writing

 Here. He focuses on judicial opinions, but the advice translates to all writing.