Seminar
in Theories of Evidence, Fall Semester 2008
Prof. Peter Tillers
This seminar explores the nature of factual inference and factual proof in legal settings such as litigation. The thrust of the seminar is both theoretical and practical. The general objective of the seminar is to achieve a better understanding of the logic and structure of inference from evidence in order to achieve a better understanding of how factual proof actually works in litigation, trials, and other legal settings (such as in prelitigation investigation and in administrative proceedings).
We will take a look at some evidence-related computer technology as well as at theory. (Good technology depends on good theory.)
Each member of the seminar writes a paper on a topic of his
or her choice. Each seminar member gives one or two oral
presentations describing his or her work in progress. A large part of
the course is devoted to discussion of the seminar members’ research
and their draft papers.
The paper can be purely philosophical. However, the paper can have a practical thrust as well as a theoretical one. For example, (i) a paper might deal with selected rules and principles of evidence in trials involving claims of sexual wrongdoing and (ii) a paper might discuss computer-assisted marshaling of evidence for litigation.
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The required text for this seminar is:
Note 1. I have asked the Cardozo bookstore to order this book. However, I am worried that the publisher won't be able to deliver this book in a timely fashion. If the book is not available at the Cardozo bookstore at the beginning of the semester, I recommend that you purchase a new copy of this book or a used copy through amazon.com. If you cannot get a copy of this book before the semester starts, please e-mail me at peter@tillers.net and I will try to get the publisher's permission to photocopy and distribute the reading assignments for the first two weeks of the semester. Thank you.Note 2. In late July the Cardozo bookstore informed me it has only five copies of the book EVIDENCE, PROOF, AND FACTS in stock and that it will take many weeks for additional copies to arrive. If you know you want to take this seminar, I recommend that you order a used copy of this book via amazon.com or a similar online service and ask for expedited delivery.
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