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.
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.
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.
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.
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.
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.
Here. He focuses on judicial opinions, but the advice translates to all writing.
Prep the remainder of Introduction to Relevance.
We then move to Character Evidence. For next week, prep FRE 105, 404(a), and 405, along with C&S pp. 69-89 and Problems 15-28. Begin reviewing the MacIntyre v. Easterfield case file.
The following week, we will get to Prior Bad Acts, covering FRE 105, 404(b), along with C&S pp. 92-109 and problems 29-31.
Monday audio. Seating chart tomorrow. Questions about the syllabus, assessments, etc. in the first few minutes of class.
Prep Introduction to Relevance, covering all reading and up through Question 6.
