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An Analytical Approach to Evidence: Text, Problems, and Cases, Sixth Edition

Ronald J. Allen , Eleanor Swift, David S. Schwartz, Michael S. Pardo, Alex Stein


  • ISBN: 9781454878001

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  • Description

    An Analytical Approach to Evidence: Text, Problems, and Cases, Sixth Edition is now available as a Connected Casebook, a powerful, all-in-one learning solution offering a print casebook plus access to CasebookConnect, which includes a fully functional eBook version of your casebook with highlighting and note-taking capabilities, hundreds of practice questions in the Study Center from leading study aids, and an Outline Tool to help make outlining more efficient and effective. Learn more about CasebookConnect 

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  • Additional Product Details

    Publication Date: 2/18/2016
    Copyright: 2016
    Pages: 1128
    Hardcover + CasebookConnect: 9781454862987
    Loose-leaf + CasebookConnect: 9781454878001
    Digital Only CasebookConnect: 9781454878438
    Rental + CasebookConnect: 9781454878148

    Detailed Table of Contents (PDF Download)

    Summary of Contents

    Introduction to the Study of Evidence 
    Special Notice on Citations 

    CHAPTER 1.  The Case of People v. Johnson 
    CHAPTER 2.  The Process of Proof: How Trials Are Structured 
    CHAPTER 3.  Relevance, Probative Value, and the Rule 403 Dangers
    CHAPTER 4.  Foundation 
    CHAPTER 5.  The Character, Propensity, and Specific Acts Rules
    CHAPTER 6.  The Other Relevance Rules 
    CHAPTER 7.  The Impeachment and Rehabilitation of Witnesses 
    CHAPTER 8.  The Hearsay Rule 
    CHAPTER 9.  Lay Opinions and Expert Witnesses 
    CHAPTER 10. The Process of Proof in Civil and Criminal Cases:
    Burdens of Proof, Judicial Summary and Comment, and Presumptions
    CHAPTER 11. Judicial Notice 
    CHAPTER 12. Privileges 

    Table of Cases 
    Table of Authorities  

  • Author Information

    David S. Schwartz

    David Schwartz joined the UW Law faculty in fall 1999, after 12 years of law practice in which he specialized in employment discrimination and civil rights litigation. For the three years just prior to joining the Law School faculty, Prof. Schwartz was Senior Staff Attorney at the American Civil Liberties Union of Southern California, in Los Angeles. Previously, Prof. Schwartz was in private practice in San Francisco, representing plaintiffs in employment cases. After graduating law school, Prof. Schwartz clerked for the Honorable Betty B. Fletcher of the U.S. Court of Appeals for the Ninth Circuit.

    Professor Schwartz currently teaches Civil Procedure I, Evidence, and Constitutional Law, and he has also taught Civil Rights Litigation, Employment Law and Remedies. His scholarly interests currently focus on constitutional law and the civil litigation system.

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    Eleanor Swift

    Upon graduating from law school, Eleanor Swift clerked for Judge M. Joseph Blumenfeld of the U.S. District Court in Hartford and for Chief Judge David L. Bazelon of the U.S. Court of Appeals for the D.C. Circuit. She then practiced in Houston with the firm of Vinson & Elkins.

    Swift joined the Boalt faculty in 1979. She served as associate dean at Boalt from 1998 to 2000. She is also chair of the Committee on Professional Development of the Association of American Law Schools and is a past chair of the Evidence Section. From 1992 to 1997, she chaired a special faculty-student committee appointed by Dean Herma Hill Kay to develop a proposal for improving and expanding the clinical curriculum at Boalt. In 1998 she received Boalt's Rutter Award for Teaching Distinction and in 2000 she received UC Berkeley's Distinguished Teaching Award.

    Swift's recent and forthcoming publications include ''One Hundred Years of Evidence Law Reform: Thayer's Triumph'' in the California Law Review (2000); ''Rival Claims to 'Truth''' in Hastings Law Journal (1998); and Evidence: Text, Problems and Cases, 2nd ed. (with Allen and Kuhns, 1997).

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    Ronald J. Allen

    Professor Allen is the John Henry Wigmore Professor of Law at Northwestern University, in Chicago, IL. He did his undergraduate work in mathematics at Marshall University and studied law at the University of Michigan. He is an internationally recognized expert in the fields of evidence, procedure, and constitutional law. He has published five books and approximately eighty articles in major law reviews. The New York Times referred to him as one of nation's leading experts on evidence and procedure. He has been quoted in national news outlets hundreds of times, and appears regularly on national broadcast media on matters ranging from complex litigation to constitutional law to criminal justice.

    Professor Allen began his career at the State University of New York, and has held professorships at the University of Iowa and Duke University prior to coming to Northwestern. He has lectured on his research at distinguished universities across the world, among them Columbia University, Cornell University, University of Chicago, University of Virginia, University of Pennsylvania, University of Michigan, Duke University, Oxford University, University of London, Leiden University, the Royal Netherlands Academy of Arts and Sciences, University of Edinburgh, University of British Columbia, the University of Paris (Sorbonne), Parma University, Turin University, Pavia University, University of Adelaide, Australia, and Victoria University of Wellington, New Zealand, and UNAM, Mexico City. In 1991, he was the University Distinguished Visiting Scholar, at the University of Adelaide, South Australia. One of his books has been translated into Chinese by the Ministry of Education of the People's Republic of China, and he has been invited to China for a series of lectures in the summer of 2004 and the spring of 2005. He has also been invited to lecture by the governments of Mexico and Trinidad/Tobago. For the last ten years, his research has focused on the nature of juridical proof. He has been involved as a consultant on numerous cases involving complex litigation in the United States and abroad.
    He is a member of the American Law Institute, has chaired the Evidence Section of the Association of American Law Schools, and was Vice-chair of the Rules of Procedure and Evidence Committee of the American Bar Association's Criminal Justice Section. He has served as a Commissioner of the Illinois Supreme Court, assigned to the Attorney Registration and Disciplinary Commission. He is presently on the Boards of the Constitutional Rights Foundation-Chicago, and the Yeager Society of Scholars of Marshall University. He is, or has served, on various boards and committees of civic and cultural institutions in Chicago.

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    Michael S. Pardo

    Michael Pardo writes and teaches in the areas of evidence, criminal procedure, civil procedure, and jurisprudence. His scholarship explores a variety of philosophical issues in these areas, with a particular focus on epistemological issues regarding evidence and legal proof. His recent scholarship also examines philosophical and evidentiary issues pertaining to law and neuroscience. Professor Pardo is the author of several publications in law reviews, including the Boston College, Illinois, Northwestern, Texas, and Iowa Law Reviews, among others, and in peer-reviewed journals, including Legal Theory, Law and Philosophy, and the Journal of Legal Studies, among others. His article, The Field of Evidence and the Field of Knowledge, was presented at the Stanford/Yale Junior Faculty Forum in the jurisprudence and philosophy category. Professor Pardo is also a co-author of the fifth edition of Evidence: Text, Problems, and Cases (Aspen, forthcoming, with Allen, Kuhns, Swift, and Schwartz) and a forthcoming book on law and neuroscience (with Dennis Patterson). A full list of his publications is available on his CV and many of these publications may be downloaded on his SSRN page.
    Professor Pardo is currently Chair of the American Association of Law Schools Section on Evidence. He also serves as the U.S. book review editor of International Commentary on Evidence.
    Professor Pardo joined the Law Faculty in 2005. Prior to joining the faculty, he was a visiting assistant professor at Chicago-Kent College of Law and at Northwestern University School of Law. Professor Pardo received his JD from Northwestern University School of Law.

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    Alex Stein

    Professor Stein has published widely in the US and abroad on torts, medical malpractice, evidence, criminal law, and general legal theory. His writings combine law with economic theories and moral philosophy. Professor Stein is the author of Foundations of Evidence Law and coauthor of Tort Liability Under Uncertainty, both published by Oxford University Press.

    He has also published numerous articles that appeared in the Alabama Law Review, Arizona Law Review, Canadian Journal of Law & Jurisprudence, Columbia Law Review, Georgetown Law Journal, Harvard Law Review, Indiana Law Journal, Iowa Law Review, Law & Contemporary Problems, Michigan Law Review, Minnesota Law Review, Northwestern University Law Review, Notre Dame Law Review, Oxford Journal of Legal Studies, Texas Law Review, University of Illinois Law Review, University of Pennsylvania Law Review, University of Toronto Law Journal, Vanderbilt Law Review, Virginia Law Review, Washington Law Review, and other journals.

    Professor Stein runs an e-Journal, STEIN on Medical Malpractice, that discusses cutting-edge developments in medical malpractice law.

    He is also a permanent contributor to the Bill of Health, a blog run by the Petrie-Flom Center at Harvard Law School. For his multiple contributions to this blog, please visit

    Professor Stein is on the editorial board of the International Journal of Evidence & Proof and was one of the founding editors of Theoretical Inquiries in Law.

    He held visiting positions and taught at Columbia Law School, Yale Law School, University of Miami School of Law, and University of Toronto Faculty of Law. Professor Stein maintains website at

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