The Rulemakers' Laments
13 Pages Posted: 7 Sep 2013
Date Written: 2013
This contribution to a symposium on Federal Rule of Evidence 502 tries to identify the sorts of laments that sometimes befall the rulemakers: (1) Judges don’t follow our rules; (2) Lawyers don’t read our rules; and (3) We nevertheless must deal with overstated opposition to make even modest rule changes.
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