Browsing Law School by Subject "Rules of evidence"

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    • Erie and the Rules of Evidence 
      Cheng, Edward K. (Vanderbilt Law Review, 2012)
      Jay Tidmarsh offers an intriguing new test for drawing the allimportant line between procedure and substance for purposes of Erie. The Tidmarsh test is attractively simple, yet seemingly reaches the right result in separating ...
    • The Perils of Evidentiary Manipulation 
      Cheng, Edward K. (Virginia Law Review, 9/24/2007)
      The use of evidentiary rules to achieve substantive goals strikes me as a Faustian bargain, and, given Bierschbach and Stein's acknowledgedly tentative position, I hope to dissuade them of the virtues of the practice. My ...