Making Sense of the Process of Proof in Litigation

Abstract

A new type of scholarship about evidence in litigation first surfaced about thirty years ago¹ By the mid-1980s, this new species of evidence scholarship — the “New Evidence Scholarship”² (“NES”) — had grown substantially; by then it had become a major international movement. Today, NES is a mature field of scholarship — so much so that the label “new” may now be a misnomer.

I regret that I cannot possibly thank all of the people whose contributions made possible the publication of the papers found in this book. But I must single out several people who made extraordinary contributions: Marilyn MacCrimmon, Craig Callen, Craig J. Brody, and Michael Parrish. I am indebted to the Jacob Burns Institute for Advanced Studies for its financial support of the conference at Cardozo on April 30, 2000.