Exam Type: No Exam
Students will write a paper (1500 words) due at the end of the exam period.
We will consider the epistemology of legal, scientific, and political truth in form of proof by witness. We consider the relationship of truth to evidence, viewpoint, standard of proof, and use. This is NOT a course on the Federal Rules of Evidence. This is a course in fundamentals of determining guilt by trial.
How is legal "truth" created? Of what does it consist?
Advanced Evidence 2018 will focus on my role as a friend to the New York court which is disbarring Steven Donziger, HLS '91, for his role in Aguinda vs. Chevron. Exploration from this perspective of lawyer for indigenous people against giant corporation will carry us through the legal architecture of truth-creation, engage you in understanding distinction between legal ethics and law, and confront you with the challenge of finding justice for indigenous people against the economics of cheaper-to-litigate-than-to-pay.
I am a friend of the court in sense of urging the court not to make itself party to creation of a huge weapon in the hands of corporate defendants faced by a winning plaintiffs lawyer.