Mark Spottswood

Florida State University College of Law

David and Deborah Fonvielle Professor

425 W. Jefferson Street

Tallahassee, FL Florida 32306

United States

http://www.law.fsu.edu/our-faculty/profiles/spottswood

SCHOLARLY PAPERS

16

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2,074

SSRN CITATIONS

8

CROSSREF CITATIONS

2

Scholarly Papers (16)

Falsity, Insincerity and the Freedom of Expression

Number of pages: 78 Posted: 14 Jan 2008
Mark Spottswood
Florida State University College of Law
Downloads 177 (216,116)

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Free Speech, Speech and Press, False, Insincere, Lies, Fraud, Misleading, Deceptive, First Amendment, Epistemology, Social Veritistic Epistemology, Implicature

Falsity, Insincerity, and the Freedom of Expression

William & Mary Bill of Rights Journal, Vol. 16, No. 4, 2008
Number of pages: 76 Posted: 08 May 2008
Mark Spottswood
Florida State University College of Law
Downloads 104 (327,770)

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Free Speech, Speech and Press, False, Insincere, Lies, Fraud, Misleading, Deceptive, First Amendment, Epistemology, Social Veritistic Epistemology, Implicature

2.

Live Hearings and Paper Trials

Florida State University Law Review, Vol. 38, No. 4, p. 827, 2011
Number of pages: 56 Posted: 09 Mar 2010 Last Revised: 18 Oct 2011
Mark Spottswood
Florida State University College of Law
Downloads 262 (149,726)
Citation 1

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presence, demeanor, hearings, trial on the papers, fact-finding, procedural justice, bias, deception

3.

Evidence-Based Litigation Reform

University of Louisville Law Review, Vol. 51, No. 1, 2012, FSU College of Law, Public Law Research Paper No. 554
Number of pages: 75 Posted: 04 Oct 2011 Last Revised: 14 Nov 2012
Mark Spottswood
Florida State University College of Law
Downloads 193 (200,186)

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4.

Bridging the Gap Between Bayesian and Story-Comparison Models of Juridical Inference

13 Law, Probability & Risk 47 (2014), FSU College of Law, Public Law Research Paper No. 598, FSU College of Law, Law, Business & Economics Paper No. 12-12
Number of pages: 18 Posted: 13 Jun 2012 Last Revised: 08 Jul 2014
Mark Spottswood
Florida State University College of Law
Downloads 161 (234,116)

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5.

The Hidden Structure of Fact-Finding

64 Case Western Reserve Law Review 131 (2013), FSU College of Law, Public Law Research Paper No. 627
Number of pages: 72 Posted: 02 Mar 2013 Last Revised: 08 Jul 2014
Mark Spottswood
Florida State University College of Law
Downloads 147 (252,387)
Citation 3

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6.

Continuous Burdens of Proof

Nevada Law Journal, Forthcoming, FSU College of Law, Public Law Research Paper No. 905, FSU College of Law, Law, Business & Economics Paper No. 20-09
Number of pages: 48 Posted: 16 Jul 2019 Last Revised: 21 Aug 2020
Mark Spottswood
Florida State University College of Law
Downloads 146 (253,791)
Citation 1

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burden of proof, fact-finding, probability, wrongful convictions, error costs, deterrence, equality, spoliation, jury, judge, continuous

7.

Ordering Proof: Beyond Adversarial and Inquisitorial Trial Structures

83 Tenn. L. Rev. 291 (2015), FSU College of Law, Public Law Research Paper No. 739
Number of pages: 50 Posted: 07 Mar 2015 Last Revised: 16 Aug 2017
Mark Spottswood
Florida State University College of Law
Downloads 140 (262,414)

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8.

Unraveling the Conjunction Paradox

15 Law, Probability and Risk 259 (2016) , FSU College of Law, Public Law Research Paper No. 792
Number of pages: 61 Posted: 07 Mar 2016 Last Revised: 23 Dec 2016
Mark Spottswood
Florida State University College of Law
Downloads 134 (271,634)
Citation 2

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conjunction paradox, probability, evidence, burdens of proof, fact-finding, Bayesian, inference to the best explanation, belief functions

9.

Emotional Fact-Finding

63 Kansas Law Review 41 (2014), FSU College of Law, Public Law Research Paper No. 685
Number of pages: 61 Posted: 13 Jun 2014 Last Revised: 20 Dec 2014
Mark Spottswood
Florida State University College of Law
Downloads 133 (273,181)

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10.

Signal vs. Noise: Some Comments on Professor Stein's Theory of Evidential Efficiency

66 Alabama Law Review 471 (2015), FSU College of Law, Public Law Research Paper No. 704, FSU College of Law, Law, Business & Economics Paper No. 14-8
Number of pages: 22 Posted: 12 Sep 2014 Last Revised: 27 Jun 2015
Mark Spottswood
Florida State University College of Law
Downloads 103 (327,700)

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11.

Burdens of Proof

Philosophical Foundations of Evidence Law (Oxford University Press, Christian Dahlman, Alex Stein & Giovanni Tuzet eds.) 2020, FSU College of Law, Law, Business & Economics Paper No. 20-22, FSU College of Law, Public Law Research Paper No. 937
Number of pages: 17 Posted: 04 Feb 2021
Mark Spottswood
Florida State University College of Law
Downloads 98 (338,433)

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burden, proof, persuasion, Bayesian, probability, inference to the best explanation, likelihood ratio, evidential weight, preponderance, reasonable doubt

12.

Truth, Lies, and the Confrontation Clause

University of Colorado Law Review, Forthcoming, FSU College of Law, Public Law Research Paper No. 857
Number of pages: 42 Posted: 22 Aug 2017
Mark Spottswood
Florida State University College of Law
Downloads 75 (397,941)

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Confrontation Clause, hearsay, evidence, deception, lying, perjury, accuracy, trials

13.

Paradoxes of Proof

Philosophical Foundations of Evidence Law (Oxford University Press, Christian Dahlman, Alex Stein & Giovanni Tuzet eds.) 2020, FSU College of Law, Law, Business & Economics Paper No. 20-21, FSU College of Law, Public Law Research Paper No. 936
Number of pages: 17 Posted: 04 Feb 2021
Mark Spottswood
Florida State University College of Law
Downloads 71 (410,231)

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proof, paradoxes, naked statistical evidence, blue bus, gatecrasher, prison yard, conjunction, disjunction, discursive dilemma, jury, fact finding

14.

The Perils of Productivity

48 New Eng. L. Rev. 503 (2014), FSU College of Law, Public Law Research Paper No. 660, FSU College of Law, Law, Business & Economics Paper
Number of pages: 28 Posted: 27 Jan 2014 Last Revised: 13 Dec 2014
Mark Spottswood
Florida State University College of Law
Downloads 64 (433,280)

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15.

Proof Discontinuities and Civil Settlements

22 Theoretical Inquiries L. 201 (2021), FSU College of Law, Public Law Research Paper No. 924, FSU College of Law, Law, Business & Economics Paper No. 20-12
Number of pages: 62 Posted: 22 May 2020 Last Revised: 24 Feb 2021
Mark Spottswood
Florida State University College of Law
Downloads 38 (540,719)

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trials, settlements, evidence, burden of proof, liability, simulation

16.

On the Limitations of Unitary Models of the Proof Process

FSU College of Law, Public Law Research Paper No. 896, FSU College of Law, Law, Business & Economics Paper No. 18-13
Number of pages: 7 Posted: 24 Oct 2018
Mark Spottswood
Florida State University College of Law
Downloads 28 (596,077)
Citation 2

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Evidence, Bayesian, Probabilistic, Explanatory, Inference to the Best Explanation, Fact-Finding, Judges, Juries, Trials