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Race, Gatekeeping, Magical Words, and the Rules of Evidence

Posted by on Monday, November 27, 2023 in Articles, Volume 76, Volume 76, Number 6.

Bennett Capers | 76 Vand. L. Rev. 1855

Although it might not be apparent from the Federal Rules of Evidence themselves, or the common law that preceded them, there is a long history in this country of tying evidence—what is deemed relevant, what is deemed trustworthy—to race. And increasingly, evidence scholars are excavating that history. Indeed, not just excavating, but showing how that history has racial effects that continue into the present.

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Bennett Capers