Evidence

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Session Type: Section Programs

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This program examines the applicability and influence of evidentiary rules in other adjudicatory spaces--such as administrative and legislative proceedings (including investigations) and arbitration/mediation--fora where decision-makers often have greater discretion. At times, non-court-based adjudication takes place in the shadow of the rules of evidence (despite critical stakes including loss of liberty or property), while, at other times, legal decision-makers may operate outside of the formal rules and the spirit of their regulation. What are the implications of shadow rules for substantive rights? Should the principles of evidentiary rules operate in a more formal sense in administrative and non-court-based adjudication?