2L-3L Upper Level Topics

Evidence: Rape Shield Rule

The Rape Shield Rule, contained in Federal Rule of Evidence 412 and state counterparts is a Rule preventing the admission of evidence concerning the sexual predisposition and behavior of an alleged victim of sexual misconduct, subject to certain exceptions. Through a series of cases and hypotheticals drawn from actual cases, this chapter gives readers a roadmap for how to address any Rape Shield Rule issue in practice. 

Evidence: Impeachment by Evidence of a Criminal Conviction

This material is about Federal Rule of Evidence 609: Impeachment by Evidence of Criminal Conviction. The goal of the party in impeaching a witness is to use the witness’s prior conviction(s) to prove that the witness has a propensity to be deceitful and that the witness is likely acting in conformity with that propensity by lying on the witness stand and/or when making a prior statement admitted at trial to prove the truth of the matter asserted. This material will enable the student to understand FRE 609. 

14,265 Words, 52 Pages PDF

Published 2013

Selected Materials on the Law of Evidence

This volume collects six previously released chapters from Professor Miller in the area of Evidence. The individual chapters are available in several formats, including eBook, PDF and print (direct through lulu.com). Please see the individual listing for each chapter for details about ordering a print copy or downloading a PDF or Word file of the chapter. 

Faculty should visit the page for each individual chapter to download the Teacher's Manual where available. 

 

58,678 Words, 191 Pages PDF

 

Published 2013

The Law of Trusts

The use of testamentary trusts is becoming an important part of estate planning. As a result, students who want to make a living as probate attorneys will need to know how trusts fit into estate planning. In addition, bar examiners realize that it is important for students to have a basic knowledge of trust law. That realization will result in bar examination questions that test that knowledge. This book is designed for use as a supplementary text for a course on wills and trusts and the primary text in a seminar or course exploring the law of trusts.

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