The New Wigmore: A Treatise on Evidence is an authoritative
guide with answers to evolving questions in civil and criminal litigation
. The series presents the same quality of research, thought, and analysis as
the original Wigmore, creating a genuine present-day counterpart
to the seminal evidence treatise.
Selected Rules of Limited Admissibility, by David Leonard,
provides a sophisticated framework for lawyers and judges to understand and
apply the rules that exclude evidence for policy reasons. Included are
extensive discussions of:
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The latest amendments to Federal Rule 408
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Party-oriented limited admissibility in criminal cases
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The types of agre ments that qualify as “Mary Carter” agreements
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Evidence of nolo contendere pleas when the party who entered the plea brings a
civil action based on the same event
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Admissibility of evidence of investigations conducted by a party
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Remedial measures taken before the event giving rise to the action or taken by
a third party, or required by a government authority
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The use of limiting instructions and proper timing
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The use the doctrine of “detrimental reliance” to enforce a plea agreement the
government seeks to abolish
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The admissibility of settlement agreements that, if not disclosed, might lead
to distorted fact-finding
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The propriety of informing the jury that there has been a settlement of claims
involving a part
Evidentiary Privileges, by Edward J. Imwinkelried, offers unique
analysis of recent evidentiary problems including application of the
attorney-client privilege to government agencies and corporate entities,
and the difficulty of determining exactly who holds the privilege. In these
two volumes, you’ll find also a practical framework for evaluating the
existence or scope of new privileges, as well as coverage of issues like these:
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The common interest or joint defense privilege
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Skirmishes over the DOJ’s policies regarding corporate waiver of
attorney-client privilege
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Privilege for mediation proceedings Burns v. Commonwealth, where the
Virginia Supreme Court sharply limited the protection for confidential spousal
communications
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The latest cases recognizing a constitutional right to informational privacy
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Protections for journalists and who qualifies
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The governmental attorney-client privilege
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The First Circuit decision holding that in certain circumstances, even when an
individual corporate officer has a personal attorney-client privilege
with corporate counsel, the corporation may unilaterally waive the privilege
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The latest cases on the waiver consequences of inadvertent production during
pretrial discovery
Expert Evidence, by David H. Kaye, David E. Bernstein and
Jennifer L. Mnookin, describes and analyzes all major facets of the law of
evidence pertaining to expert evidence, including:
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Federal Rule 702 on expert testimony implementing the Supreme Court’s opinions
in Daubert, Joiner and Kumho Tire
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Objecting to expert testimony before and at trial
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Cases questioning the admissibility of previously established techniques in
forensic science such as fingerprints, bullet lead, and DNA
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Methods for evaluating statistical evidence and enhancing statistical
testimony at trial Medical and diagnosis evidence
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The historical origins of demonstrative evidence and recent social science
research on visual processin
The lastest volume, Evidence of Other Misconduct and Similar Events,
by David P. Leonard, is a comprehensive, scholarly analysis of when evidence
of crimes, wrongs, or acts other than those at issue in a trial may be
admitted into evidence. The author analyzes the history of the prohibition on
character evidence in England and the United States and the development of
exceptions to the rule, discusses how courts should analyze questions of
character evidence, and treats in detail the various exceptions such as
motive, opportunity, preparation, plan, modus operandi, and identity.
Automatic Supplementation
