PODCAST · education
Excited Utterance
by Ed Cheng / Alex Nunn
Excited Utterance is a legal podcast that interviews authors of new or forthcoming legal scholarship in the areas of evidence and proof.
Episodes
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182 Erin Sheley
Testimonial Gossip. Erin Sheley from the University of San Diego argues that under the Supreme Court's decision in Smith v. Arizona, offering reputational character evidence against the accused in criminal cases may violate the Confrontation Clause.
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181 Hillel Bavli
Trial by Character. Hillel Bavli from Southern Methodist University discusses how some courts misinterpret the "other purposes" discussed in Rule 404(b)(2) as true exceptions, causing an erosion of the well-accepted rule against character or propensity evidence.
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180 Laura Ginsberg Abelson
The Multidimensions of AI Chatbots as Evidence. Laura Ginsberg Abelson from Southern Methodist University discusses how AI chatbot conversations are increasingly finding their way into court, and why some of those conversations may be deserving of evidentiary protection.
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179 Laurent Sacharoff
The Accused Speaks. Laurent Sacharoff from Hofstra University uncovers the original meaning of the "right to be heard," a historical constitutional right to give unsworn statements not subject to cross-examination originally granted to criminal defendants in 37 state constitutions.
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178 Susan Provenzano & Sarah Brown-Schmidt
The Overlooked Witness Memory Risk. Sue Provenzano from Georgia State University and Sarah Brown-Schmidt from Vanderbilt University discuss the problem of “hear-witnesses,” witnesses who report about what was previously said, and how evidence law does not adequately account for their accuracy risks.
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177 Kay Levine
Opinion Surveys Across the Civil-Criminal Divide. Kay Levine from Emory University discusses the uses of opinion survey evidence, how its admissibility is inconsistent between civil and criminal contexts, and perhaps why the divide exists.
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176 Mary Fan
AI-Enhanced Evidence Law. Mary Fan from the University of Washington discusses the challenges of AI-enhanced evidence in the courtroom, how to ensure its reliability, and concerns about disparities between prosecution-offered and defense-offered AI-enhanced evidence.
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175 Rebecca Wexler
Law Enforcement Privilege. Rebecca Wexler from Columbia Law School discusses the privilege governing police investigative methods, the reasons for the privilege, as well as its costs to transparency and the ability to regulate police conduct in accord with the Fourth Amendment.
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174 Edith Beerdsen
Strategy for Strategy's Sake. Edith Beerdsen from Temple University asks whether strategic or "sporting" behavior has any place in a system of legal proof, and when being clever goes too far.
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173 Asees Bhasin & Jasmine Gonzales Rose
Antiracist Expert Evidence. Asess Bhasin from the University of Maryland and Jasmine Gonzales Rose from Boston University discuss the ways in which expert evidence can address racism and racial discrimination in our system of evidence and proof.
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172 Laura Savarese
Children and the Making of Modern Evidence Law. Laura Savarese from Michigan State University discusses the role of children’s testimony and nineteenth-century child protection laws in the development of the law of evidence.
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171 Alfred Yen
The Evidentiary Use and Misuse of Forensic Musicology in Copyright Litigation. Fred Yen from Boston College discusses the use of musicology experts in copyright litigation and what they should and should not be permitted to testify about.
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170 Brandon Garrett
Defending Due Process. Brandon Garrett from Duke University discusses his new book, Defending Due Process: Why Fairness Matters in a Polarized World.
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169 Yan Fang
Internet Technology Companies as Evidence Intermediaries. Yan Fang discusses the modern role of internet technology companies as significant repositories of evidence and how these companies fulfill their legal obligations.
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168 Avani Mehta Sood
Verdict Format on Trial. Avani Sood from NYU discusses the use of special verdicts in criminal cases, and why perhaps we should favor them instead of the traditional general verdict.
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167 Jack Whiteley
The Three-Verdict Problem. Jack Whiteley from the University of Minnesota discusses the Scottish tripartite system of jury verdicts, featuring verdicts of guilty, not guilty, and not proven.
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166 Daniel Medwed
Dan Medwed from Northeastern University discusses the past, present, and future of Chambers v. Mississippi and the right to present a defense.
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165 Hayley Stillwell
Placebo Trials. Hayley Stillwell from the University of Oklahoma proposes the use of "placebo trials," test trials in which the alleged defendant is known to be innocent, to learn about jury dynamics and the empirical consequences of evidentiary rules.
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164 Stephen Simon
Value Judgments and the Fact-Law Distinction. Stephen Simon from the University of Richmond offers a new perspective on the time-honored law-fact distinction.
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163 Tomer Kenneth
In Defense of Factual Precedents. Tomer Kenneth from the University of Southern California discusses the evidentiary problem of general facts that are applicable across multiple cases, and whether there should be governed by doctrines akin to precedent.
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162 Lisa Kern Griffin
The Limits and Costs of Cross-Examination. Lisa Kern Griffin from Duke University considers the costs of our excessive devotion to and dependence on cross-examination as our chief mechanism for ensuring accuracy in factfinding.
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161 Ronald Allen
Minimal Rationality and the Law of Evidence. Ron Allen from Northwestern University argues that the goal of the law of evidence is to ensure minimal, not maximal, rationality in our adjudicative processes.
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160 Trace Maddox
The Lawyer, the Witch, and the Witness. Trace Maddox from NYU School of Law discusses the witchcraft trials in sixteenth to eighteenth-century England, and how contrary to popular belief, they largely adhered to standard procedural and evidentiary rules at the time. His historical findings thus...
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159 Michael Risinger
The Surprising Story of Smith v. Rapid Transit. Michael Risinger from Seton Hall University recounts his historical research into the famous case of Smith v. Rapid Transit, the case which ultimately spawned the "Blue Bus" hypothetical on statistical proof.
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158 David Caudill
Judges Should Be Discerning Consensus, Not Evaluating Scientific Expertise. Dave Caudill from Villanova critiques and improves upon Ed Cheng's proposal to have courts defer to expert consensus rather than screening expert evidence through Daubert. The episode features some guest concluding…
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157 Alexa Perez
A Critical Analysis of Rap Shield Laws. Alexa Perez from Drake University examines how rap lyrics are handled by existing evidence rules and whether they should be the subject of special "rap shield" evidentiary rules.
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156 Nila Bala
Parent-Child Privilege as Resistance. Nila Bala from the University of California Davis discusses why there should be greater adoption of a parent-child privilege, and how it could be an important tool for resisting injustice and government overreaching.
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155 Richard Friedman
A Proposal to Replace the Hearsay Rules. Rich Friedman from the University of Michigan offers a proposal to radically simplify and rationalize our much-maligned hearsay rule along Confrontation lines.
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154 Christopher Sundby
The Neuroscience of the Present Sense Impression. Chris Sundby from Gelber Schachter & Greenberg, P.A. discusses his experiments probing the neuroscientific and psychological bases of the present sense impression exception to the hearsay rule.
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153 William Ortman
Confession and Confrontation. Will Ortman from Wayne State University discusses how the modern Confrontation Clause might be used to help improve the reliabilty of defendant confessions.
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152 Rebecca Tushnet
Of Bass Notes and Base Rates. Rebecca Tushnet from Harvard Law School discusses the base rate problems that surface in the expert testimony common in music copyright litigation.
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151 Teneille Brown & Emily Murphy
Expert Framework Evidence. Teneille Brown from the University of Utah and Emily Murphy from UC Law San Francisco discuss their amicus brief in Diaz v. United States, to be argued before the Supreme Court on March 19, 2024. The case involves (and the episode explores) the problem of framework...
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150 James Macleod
Evidence Law's Blind Spots. Jamie Macleod from Brooklyn Law School argues, among other things, that evidence law needs to worry as much about what juries do in the absence of certain evidence as in the presence of it. He discusses new empirical work showing some troubling racial disparities when...
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149 Erin Collins
Evidence Rules for Decarceration. Erin Collins from the University of Richmond explores how the evidentiary rules -- especially the character rules -- contribute to mass incarceration, and how evidence should reorient itself more toward substantive outcomes than away from just accuracy. This...
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148 Kevin Clermont
A Theory for Evaluating Evidence Against the Standard of Proof. Kevin Clermont from Cornell Law School argues that existing probabilistic models of the proof process are incomplete and summarizes his proposal -- based on a multivalent model -- to conceptualize legal proof.
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147 Nicholas Hakun
Experts and the Attorney-Client Privilege. Nicholas Hakun from Temple University and Wilson Sonsini discusses whether the attorney-client privilege should extend to experts used by attorneys and their clients.
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146 Keith Findley
Keith Findley from the University of Wisconsin discusses why medical examiners should not be allowed to testify about “manner of death” in court proceedings.
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145 James Steiner-Dillon
Expert Malpractice. James Steiner-Dillon from the University of Akron discusses what happens when clients sue their expert witnesses for malpractice, and why traditional rules of witness immunity should not apply.
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144 Kristen Ranges
Vermin of Proof. Kristen Ranges from the Mote Marine Laboratory and Aquarium discusses the scientific bases behind animal toxicology studies and whether the legal system is being overly skeptical about their use in toxic tort cases.
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143 Joseph Blocher
Originalism and Historical Fact-Finding. Joseph Blocher from Duke Law School explores how courts should determine the historical facts used for originalist interpretations of the Constitution, and whether those procedures should better mirror the ones the legal system traditionally uses at trial.
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142 Erin Sheley
The Dignitary Confrontation Clause. Erin Sheley from California Western School of Law provides a primer on modern Confrontation Clause jurisprudence under Crawford v. Washington and then proposes recasting its conceptual foundations along dignitary lines.
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141 Fredrick Vars
Murder and Money: The Dark Side of Taylor Swift. Through lyrics of Taylor Swift's music, Fred Vars from the University of Alabama examines the burden of proof requirements for the so-called "Slayer Rule," the rule prohibiting murderers from inheriting or otherwise benefitting from their victims.
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140 Cynara Hermes McQuillan
Requiring More of Rule 407. Cynara Hermes McQuillan of Touro Law Center discusses a current circuit split on how to interpret Rule 407, the prohibition against evidence of subsequent remedial measures, a controversy that touches on the fundamental tension between textualist and purposivist...
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139 Nathan Ristuccia
The Pseudo-Theology of Penitent Privilege. Nathan Ristuccia of the Institute for Free Speech discusses how the clergy-penitent privilege has changed over time both in doctrinal substance and theory
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138 Gianni Ribeiro
Visual Decision Aids for Forensic Science Evidence. Gianni Ribeiro from the University of Southern Queensland reports on a psychological study showing that visual decision aids can improve juror understanding of forensic tests.
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137 Deborah Denno
Neuroscience Evidence in Criminal Cases. Debby Denno from Fordham Law School draws on a long-term empirical project and investigates what types of neuroscience evidence really drive criminal cases.
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136 James Stone
Past-Acts Evidence in Excessive Force Litigation. James Stone from Stanford University discusses some proposed reforms to the way that courts handle past-acts evidence, both with respect to plaintiffs and police-defendants, in excessive police force cases.
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135 Alexandra Natapoff
Snitching. Sasha Natapoff from Harvard Law School discusses the problems of criminal informant testimony.
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134 Heidi Liu
Provisional Assumptions. Heidi Liu from George Washington University Law School discusses the problems of asking jurors to ignore inadmissible evidence and proposes an alternative mechanism – the “provisional assumption.”
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133 Thomas Albright & Brandon Garrett
The Law and Science of Eyewitness Evidence. Brandon Garrett from Duke University and Thomas Albright from the Salk Institute discuss the latest research on the reliability of eyewitness testimony and related reforms that have surfaced from courts and legislatures.
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ABOUT THIS SHOW
Excited Utterance is a legal podcast that interviews authors of new or forthcoming legal scholarship in the areas of evidence and proof.
HOSTED BY
Ed Cheng / Alex Nunn
CATEGORIES
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Frequently Asked Questions
How many episodes does Excited Utterance have?
Excited Utterance currently has 182 episodes available on PodParley. New episodes are automatically indexed when they're published to the podcast feed.
What is Excited Utterance about?
Excited Utterance is a legal podcast that interviews authors of new or forthcoming legal scholarship in the areas of evidence and proof.
How often does Excited Utterance release new episodes?
Excited Utterance publishes regularly with 182 episodes available. Check the episode list for the typical release schedule.
Where can I listen to Excited Utterance?
You can listen to Excited Utterance on PodParley by clicking any episode. We provide an embedded audio player for direct listening, and you can also subscribe via your preferred podcast app using the RSS feed.
Who hosts Excited Utterance?
Excited Utterance is created and hosted by Ed Cheng / Alex Nunn.
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