Evidence: Teaching Materials for an Age of Science and Statutes employs a novel approach to the problem method of teaching Evidence. The text sets out two case files: one civil and one criminal. The problems in the text are based on those files. The use of the case files throughout the course simulates the real-world experience of gaining increasingly sophisticated insights into a fact pattern as the student works with the files over time. The coursebook emphasizes the use of empirical data and scientific evidence in an age of statutes. It repeatedly calls on the student to carefully parse the text of the Federal Rules of Evidence, consider context, and assess the weight of extrinsic legislative materials in applying and analyzing the Rules. As a result, the student should have an enhanced understanding of the importance of statutory construction and increased interpretive skill. Students are encouraged to assess expert methodologies and the underlying psychological and practical assumptions of evidentiary doctrines.
Newly amended chapters require students to engage in thoughtful analysis regarding the use of artificial intelligence in the context of authentication, attorney-client privilege, and the Confrontation Clause. Students should come away with a comfort level working with empirical data under Daubert and, more broadly, in using data to critique evidentiary doctrines. The tenth edition includes the most recent proposed and adopted changes to the Federal Rules of Evidence, updated Sixth Amendment jurisprudence as it relates to evidentiary doctrine, new considerations related to executive privilege, and consideration of how the Rules apply in an era of rapidly advancing technology.