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Conditional probative value and the reconstruction of the Federal Rules of Evidence.(response to Richard D. Friedman, Michigan Law Review, vol. 93, p. 439, Dec. 1994)
From:
Michigan Law Review
| Date:
November 1, 1995| Author:
Nance, Dale A.
| COPYRIGHT 1995 Michigan Law Review Association. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group.Copyright information
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Fundamental reforms to the Federal Rules of Evidence, such as the implementation of conditional relevance standards proposed by Richard Friedman, are unnecessary with the proper operation of judicial discretion. Review of the use of the best evidence rule and the growth of discovery demonstrates that expanded evidentiary rules are not needed. Categorical rules of admissibility would not advance the law of evidence.
In a recent article, Richard Friedman articulates a modified and gene...
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