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Shifting the Male Gaze of Evidence

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

Teneille R. Brown | 76 Vand. L. Rev. 1903

The Federal Rules of Evidence are a product of their time. They reflect not only the thinking of the 1970s when they were adopted but also the much older English common law on which many Rules were based. It should therefore come as no surprise that they sometimes embody folk views of decisionmaking that are outdated or simply wrong. There are dozens of ways we could reimagine what the Rules could be if they were based on a more accurate understanding of how jurors and judges actually behave under conditions of uncertainty, stress, social bias, and memory strain.

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Teneille R. Brown