(Papers to be published in International Commentary on Evidence)
This panel will explore recent theoretical work on standards of proof and related issues pertaining to sufficiency of evidence, including burdens of proof and evidentiary presumptions. Evidence law, scholarship, and courses focus to a large extent on issues regarding the admissibility, exclusion, and interpretation of individual items of evidence. Relatively less attention is given to issues relating to the sufficiency of evidence as a whole in proving contested issues at trial. These macro-level proof issues, however, are at least as important for carrying out the various goals underlying the law of evidence. Moreover, these proof issues not only structure and govern outcomes at trial; they also underlie various procedural issues controlling whether cases proceed — or ought to proceed — to trial in the first place (e.g., summary judgment in civil cases and motions to dismiss in criminal cases) and whether verdicts will—or ought to be — upheld or overturned (e.g., judgment as a matter of law in civil cases and challenges to sufficiency of the evidence in criminal cases). The panel will explore issues pertaining to these macro-level proof issues.
Business Meeting at Program Conclusion.