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Final Class Feedback [12-01-20]

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Of what is this 'evidence'?

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Roman Catholic Diocese v. Cuomo

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Feedback [11-30-20]

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Thanksgiving Thread

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Peremptory Challenges [11-23-2020]

77 replies | 77 unread

Feedback [11-17-20]

57 replies | 57 unread

Your questions, doubts and concerns about confrontation and cross as core jury process.

22 replies

Feedback November 10

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Feedback [11-09-20]

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Discussion Group 2 [11-9-2020]

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Discussion Group 1 [11-9-2020]

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Election Night

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George Fisher Caves [11-03-2020]

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Group 1 [11-03-2020]

53 replies | 53 unread

Group 2 [11-03-2020]

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Group 3 [11-03-2020]

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Feedback 11-2-2020

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Feedback 10-27-2020

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Discussion 10-27-2020

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Feedback 10-26-2020

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Hypothetical 10-19-20

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Feedback 10-20-2020

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Feedback 10-19-20

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Surveillance 10-19-20

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Feedback October 13, 2020

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REVIEW - October 13, 2020. Please offer questions and concerns.

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Feedback Oct 6, 2020 - violence of discussion for some

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Feedback October 6, 2020

67 replies | 67 unread

Feedback Oct 5, 2020 Fair

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Gatecrasher - Who Wins?

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Blue Bus

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Conjunction --In what order should we decide the elements of the alleged crime?

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Prison Yard - Can WE prosecute all of them?

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Feedback [09-29-20]

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Would you be interested in joining together in threads while watching the Trump-Biden debate?

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feedback sept 28

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What is your biggest fear going forward?

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BIAS (in judgmen)t

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Feedback #1

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racism - anti-racism

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what is your passion?

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What do you feel you have to learn about fair trial? Do you feel that fair trial matters?

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Give Thanks

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OP: Plus Feedback for11-16-2020.
Messier 83: Would really love to talk about the final exam
Earth: Gaia said in our breakout room that under Nesson's rule, in Swan the daycare worker's testimony would be inadmissible. Why is that?
Mygeeto: I found it helpful to go over the homework in class--sometimes it's hard to distill from the videos or readings exactly what the connections we should make are. Having the opportunity to establish that was really helpful.
P3X-888: My question / concern is that if a child is too young to testify and we don't consider their evaluator a live witness, then how do we prosecute these child molestation cases? What evidence would be sufficient enough?
Rigel: Professor Nesson, how would your sufficiency theory of the Confrontation Clause handle any child sex abuse case, where the child is the accuser? Would none of them be able to be prosecuted at all without putting a three-year-old child on the stand?
Earth: Also would really appreciate getting the assignments in advance. I prepared for this class yesterday and this morning there were new assignments
Glyswen: I agree with Mygeeto
Procyon A: i'd really like to hear more about nesson's thoughts on the swan case
Messier 83: I agree with Mygeeto
Sunflower: Class today was excellent, I appreciated the longer introduction/overview before we started discussion.
Procyon A: i also loved the intro today! really made for a better discussion
Mygeeto: I have been thinking about how maybe, for children under 6, for example, we modify cross in some way--to account for developmental barriers to consistent testimony and recall. But I am not sure how that looks. An advocate with the child? Like we might offer in a slightly different way for adult survivors of sexual abuse? A different kind of court all together like some of the alternatives created for children who are commercially sexually exploited, for example
Uranus: I am wondering to whether Nesson's interpretation of the confrontation clause sticks to what he views as the textualist and originalist interpretation because he thinks textualism and originalism are the proper modes of interpretation, or just because, in this particular case, he thinks that proper application of textualism and originalism leads to the policy that he likes?
Tollana: Anyone else submitting comments and they aren't appearing in this thread?
Centaurus A: Love Gaia's description that these cases fall "between a rock and a hard place" - in your opinion Prof Nesson, what's the best compromise between your interpretation and Scalia's? Where do we actually go from here?
Centaurus A: and +1 on final exam discussion
Tollana: @starkillerbase - I think it is because the entire conviction relied on hearsay. Even if it was admissible under Scalia, it wasn't sufficient under Nesson.
Pinwheel: P3X-888: My question / concern is that if a child is too young to testify and we don't consider their evaluator a live witness, then how do we prosecute these child molestation cases? What evidence would be sufficient enough?
Pinwheel: Maybe there will be cases where the evidence is not enough, but there will be cases with real live witnesses.